PRADEEP KUMAR ARORA Vs. STATE OF U P

JUDGEMENT

(1.) This case is an eye-opener as to what extent a litigant can have the audacity to misuse and abuse the process of the Court. One of the petitioners, whose appointment itself stood cancelled by operation of law is not only in service but had succeeded In joining a college of his choice, though the vacancy of his subject had never occurred therein, only by playing fraud upon the Court.

(2.) Petitioners stood selected for appointment as Lecturer in Education Department by the U.P. Higher Education Services Commission (hereinafter referred to as the 'Commission') pursuant to advertisement No. 29. Petition has been filed for a direction upon the respondents to consider their claim for inter changing the Colleges where their names have been recommended by the Director of Education (Higher Education) (hereinafter referred to as the 'Director').

(3.) Consequent to the selections made by the Commission on the basis of Advertisement No. 29 issued by it for filling up the posts of Lecturers in the Colleges in various subjects, a list dated 7.7.2001 was sent by the Commission to the Director recommending the names of 121 candidates found most suitable for the post of Lecturer in B.Ed. The Director intimated the managements of the respective Colleges the names of the candidates for. being appointed. Amongst others, the name of Pradeep Kumar Arora, petitioner No. 1, was intimated to the management of Vardhman College, Bijnor whereas the name of Dr, Kailash Nath Gupta, petitioner No. 2, was intimated to the management of Nanakchand Anglo Sanskrit College, Meerut (hereinafter referred to as 'NAS College' Meerut). Instead of joining at their respective Colleges, both the petitioners moved applications before the Director for inter changing their placement. The Director, however, did not accede to the request and proceeded to place another candidate Harendra Kumar at the NAS College, Meerut. It is In these circumstances that the present petition was filed in the Court for the relief mentioned above and when the matter was taken up on 24.4.2002 time was granted to the respondents to file a counter-affidavit and notices were issued to respondent Nos. 3 and 4 which are the Committee of Managements of the aforesaid two Colleges; The Court further Ordered that in the meantime petitioners may inter change their postings i.e. petitioner No. 1 was permitted to join as Lecturer in B.Ed. In NAS College, Meerut while petitioner No. 2 to join as Lecturer in Vardhman College, Bijnor.