DEVENDRA KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THESE two writ petitions were heard together and are being disposed of by a common judgment as the facts and the issues involved in these two writ petitions are interwoven.

(2.) IN Writ Petition No. 41083 of 2005 Shri D. K. Singh is the petitioner (hereinafter referred to as the petitioner). Shri Dayanand Saha is the respondent No. 4 in the Writ Petition No. 41083 of 2005 and he is also petitioner in the Writ Petition No. 43975 of 2005. Shri Dayanand Saha is hereinafter referred to as the respondent.

(3.) THE petitioner in the application form gave his first choice of placement for the College known as Udai Pratap Autonomous College, Varanasi (hereinafter referred to as the College in question) wherein the respondent is already working in the College in question as ad hoc lecturer. THE Director of Education (Higher) instead of honouring the first choice given by the petitioner for placement in the College in question, asked the petitioner by means of the impugned letter dated 9th of June, 2005 to join T.D. College, Jaunpur. THE grievance of the petitioner is that he being higher in merit and has given the first choice for placement in the College in question should be placed in the said College and the Director of Education (Higher) illegally failed to issue the placement order for the College in question but arbitrarily issued the placement order of the petitioner to join T.D. College, Jaunpur, ignoring his first choice given in the application form. THE petitioner on getting the information of his placement at T.D. College, Jaunpur, made a representation to the Director of Education (Higher) on 27th June, 2005. THE respondent is exercising political pressure upon the authority concerned to get joining in the College in question. THE Director of Education (Higher) in spite of personal interview failed to take any decision and is sitting tight over the matter and therefore the petitioner has filed the present writ petition.