GORAKHNATH Vs. UTTAR PRADESH HIGHER EDUCATION SERVICES COMMISSION

JUDGEMENT

(1.) The petitioners and the respondent No. 6, in this writ petition before us are the two contenders here claiming their Hen and right which we will narrate below, on the post of Lecturer in Hindi in U.P. College, Varanasi. It is respondent No. 6, at present, who is functioning on the said post, for last two years.

(2.) It so happened that one Dr. Tushar Kanti Singh, was functioning against the aforesaid post in said college and in the event of his death said post became vacant. The averment of the petitioner in this behalf is that it was one Dr. Ram Bachan Singh, who was functioning against this post, which fell vacant on 30.6.1998, in the event of his retirement. Whatever it may be, the fact remains the vacancy of Lecturer in Hindi in the said college occurred and an advertisement to fill up the said vacancy was made by U.P. Higher Education Services Commission vide Advertisement No. 32 (Annexure-3 to the writ petition) on April 2, 2001. This is a fact which is not disputed here.

(3.) The fact remains that the petitioner was one of those, who applied. While the respondent No. 6 had not applied pursuant to the said advertisement, for the said post and after selection U.P. Higher Education Services Commission declared the petitioner as a successful candidate. It should be noted that while applying for the post of Lecturer, the petitioner, in order of preference, as permitted and required under Section 12(4) of U.P. Higher Education Services Commission Act, 1980, had given the aforesaid college as his preference No. 2, but the respondent director did not post the petitioner in U.P. College, Varanasi, but posted him in Kamla Nehru Post Graduate College, Rae Bareilly a posting for which he had not at all applied in his application form. Since the petitioner was not given placement in U.P. College, Varanasi or for any other college for which he had applied, he refused to join in Kamla Nehru Post Graduate College, Rae Bareilly pursuant to order of his appointment dated 20.9.2004 issued by respondent No. 5 (Annexure-6 to the petition) and challenged his posting of Rae Bareilly by filing the present writ petition praying that the respondent No. 1 be directed to post him in U.P. College, Varanasi, which was his preference No. 2 in his application form, and on which respondent No. 6 was illegally posted by respondent-Director. Since, the petitioner had not joined in pursuance of his appointment and posting vide order dated 3.8.2005 (Annexure-1 to the amendment application), during the pendency of the writ petition the petitioner was given the go-bye by the management of Kamla Nehru Post Graduate College, Rae Bareilly respondent No. 5, vide order dated 3.8.2005. Consequently the petitioner amended the petition by adding the relief that the said order also be set aside.