PRAKASH CHANDRA KAMBOJ Vs. DIRECTOR HIGHER EDUCATION

JUDGEMENT

(1.) The main question involved in these two writ petitions is, 'how a vacancy of more than ten months due to long leave on the post of the principal of a degree college should be filled up'. In this connection, we will also consider the scope of Sub-section (4) of Section 13 [Section 13 (4)] of the U.P. Higher Education Services Commission Act, 1980 (the Commission Act) and the Supreme Court decision in Kamlesh Kumar Sharma v. Yogesh Kumar Gupta and Ors., (1998) 1 UPLBEC 743 : AIR 1998 SC 1929, (the Sharma case) which arose from a Division Bench decision of our court in Dr. Yogesh Kumar Gupta v. State of U.P. and Ors., 1995 UPLBEC 1125. THE FACTS

(2.) Two teachers of the Bareilly College, Bareilly (the Bareilly College) affiliated with the Rohilkhand University are contesting parties, Dr. Prakash Chandra Kamboj and Dr. Somesh Yadav, Dr. Kamboj was appointed as Lecturer in the department of Chemistry in the Bareilly College on 16.7.1965 and was promoted as Reader on 1.1.1986. Dr. Somesh Yadav was appointed as Lecturer in Botany Department in the Bareilly College on 4.9.1974 and was promoted as Reader on 4.9.1987. It is admitted that Dr. Kamboj is senior than Dr. Yadav.

(3.) An advertisement No. 23 was issued by the U.P. Higher Education Service Commission (the Commission) on 10th of March, 1997, for appointments of the Principals in certain Degree Colleges, posts of Principals of many colleges were advertised, but the post of the Principal of the Bareilly College was not one of them it was not vacant at that time. In pursuance of this advertisement Dr. Yadav applied for post of Principal however Dr. Kamboj did not. Interviews were held and the select list was prepared and published on 9.4.1997. Dr. Yadav was selected as on O.B.C. candidate.