RAFIQUE Vs. DY DIRECTOR OF EDUCATION VTH REGION

JUDGEMENT

(1.) THE factual background, as appears from the writ petition, is that the petitioner was initially appointed on 9.2.1982 as L.T. grade teacher in Anglo Oriental Muslim Inter College, Lallapura, Varanasi and is discharging duties. THE erstwhile Principal of the institution retired on 31.6.1994 resulting in vacancy in the post of Principal, and as such the vacancy was published in the newspaper. Upon successful participation in the interview, the petitioner was not offered the appointment and the committee of management illegally sent the name of one Zavid Alam Azami before the respondent No. 1 for financial approval. Such approval was illegally granted on 29.7.1994. THE petitioner made several representations to get the appointment of Zavid Alam Azami cancelled and having not succeeded, the petitioner moved Civil Misc. Writ Petition No. 31722 of 1994. THE counter-affidavit by the respondent No. 2 in the said writ petition admitted that the petitioner was placed at serial No. 2 in the panel of selected candidates. THE said Zavid Alam Azami resigned from the post on 6.11.1994. THE Manager appointed Sri Zafruslam as the Acting Principal of the institution as he was the senior most teacher. THE Writ Petition No. 31722 of 1994 though was fixed but ultimately could not be finally disposed of. THE petitioner came to know that an advertisement dated 4.6.1995 was published for fresh appointment in the post of Principal. THE petitioner, being at serial No. 2 of the select list, became entitled to be appointed as Principal after the candidate at serial No. 1 resigned particularly when such resignation was within a period of one year when panel was still alive. So, challenging the said advertisement, the present writ petition was moved.

(2.) THE respondents contested the proceeding and filed counter-affidavit. THE petitioner filed rejoinder affidavit. THE parties agreed that the writ petition may be disposed of finally at the time of admission as affidavits have already been exchanged.

(3.) IN the aforesaid circumstances, the writ petition succeeds and is allowed. The respondents are restrained from taking up any fresh selection process in the matter of appointment of Principal in Anglo Oriental Muslim INter College, Lallapura, Varanasi. The respondents are also to complete the process of appointment of the petitioner in the post of Principal in Anglo Oriental Muslim INter College, Lallapura, Varanasi. There will be no order as to costs.