ALL ATHAR Vs. STATE OF U P

JUDGEMENT

(1.) R. A. Sharma, J. Petitioner was selected by the U. P. Higher Education Ser vice Commission (hereinafter referred to as the Commission) as a Principal and a list containing his name was sent by the Commission to the Committee of Management, of Badri Vishal College, Far-rukhabad (hereinafter referred to as the College) for appointment. The Commit tee of Management, however, did not issue any appointment letter. It has been slated by the petitioner in paragraph 16 of the writ petition that he thereafter filed an appeal on May 10,1989 by registered post to the Director, Higher Education, U. P. (hereinafter referred to as the Director) but no action has been taken by the Direc tor. The Commission has issued another advertisement on November 30, 1989 in viting applications for appointment to the post of Principal of the College. Petitioner filed this writ petition, challenging the said advertisement, so far as it relates the selec tion of Principal of the College. This Court did not grant any interim order, with the result the Commission selected Dr. N. C. Agarwal as the Principal and sent a list containing his name to the College, pur suant to which Dr. Agarwal was appointed as the Principal in 1990.

(2.) THE Management has filed a counter-affidavit and the petitioner has filed rejoinder affidavit in reply thereto. We have heard the learned counsel for the parties.

(3.) NO order can be passed by this Court, which will affect a person, who is not before the Court.