GAYA PRASAD DUBEY Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) The petitioner is working on an honorarium basis as Sanskrit Lecturer with respondent No. 3 Firoz Gandhi College, Rai bareilly since September, 2003. The respondent No. 2 U.P. Higher Education Service Commission conducts examination for recruitment of teachers in colleges. The rules under which examinations are conducted are as follows:

(2.) The respondent No. 2, the commission conducted examination in the month May, 2005 for selection of 25 posts of Sankrit Lecturer. The petitioner also appeared in the examination but was not one of the 25 persons selected.

(3.) The post on which the petitioner was working in Firoz Gandhi College Rai Bareilly it's vacancy was not inadvertently advertised with the name of the college and city. Subsequently, when this error was discovered, it was rectified in the manner that the candidates who were called for interview on 6.5.2005 or so, were asked to give their choice of this college of Rai Bareilly because Second Proviso of Sub-section 4 of Section 12 above requires to give their choice for the college. In this manner this vacancy has also been filled up and the name of respondent No. 5 who was selected by the Commission his name was recommended by the respondent No. 2 Commission to Respondent No. 1 Director of Education, in consequence whereof, the Director under Sub-section 3 of Section 13 above intimated to the respondent No. 3 Committee of Management, the name of respondent No. 5 Dr. Rajesh Kumar for appointment on the post in question against which the petitioner is working.