R.K. Agrawal, J. - (1.) THIS appeal has been filed against the judgment and order of the learned Single Judge by which the writ petition filed by Rajesh Kumar Singh, being Civil Misc. Writ Petition No. 7182 of 2006, was allowed.
(2.) WE have heard Sri Rakesh Pandey, learned Counsel for the appellant and the learned Standing Counsel appearing for respondents No. 2, 3, 4 and 5. The undisputed facts are that the appellants were duly selected candidates by the Commission and were initially recommended for being appointed in Sarsadi Lal Inter College, Mansoorpur, Muzaffarnagar and Smith Inter College, Azamgarh, respectively. However, due to some dispute existing in the aforesaid Colleges, the appellants could not join and they requested for change of institution and their adjustment in another institution. Consequent upon the aforesaid request, the appellants were sought to be adjusted in D.A.V. Inter College, Varanasi. This order of adjustment in D.A.V. Inter College, Varanasi was challenged by Rajesh Kumar Singh on the ground that the U.P. Secondary Education Service Selection Board does not have any authority to direct for adjustment of candidates who have been selected but could not join for one reason or the other, to any other institution, vacancy whereof though notified but not advertised. This issue has been suitably dealt with by a Division Bench of this Court vide order dated 22.9.2006, which is quoted in the judgment impugned, wherein it has been held that an unadvertised vacancy cannot be filled up from amongst the candidates who have been selected by the Commission. The learned Single Judge has recorded a finding after calling for the records that in the institution, namely, D.A.V. Inter College, Varanasi, no vacancy has been notified or advertised pursuant to which such adjustment can be made. That being the position, the order of the learned Single Judge cannot be faulted and we are in respectful agreement with the view taken by the learned Single Judge.
(3.) AS a matter of fact, it can also not be denied that the appellants are duly selected candidates by the Commission and, therefore, they have right to be appointed in some institution. Under the aforesaid circumstances, the appeal is being disposed of with the direction to the U.P. Secondary Education Service Selection Board, Allahabad and the Secretary, Secondary Education, U.P., Lucknow to adjust the appellants, if not in the College where they were initially recommended for appointment, then in some other College, in accordance with law, as soon as possible, say within a period of two months from the date a certified copy of this order is produced before the Secretary, U.P. Secondary Education Service Selection Board.;