S.D.Agarwala J. - (1.) THIS is a petition under Article 226 of the Constitution of India.
(2.) BABA Baruadas Mahavidyalaya, Purajya Ashram, Faizabad, is a college affiliated to the Faizabad University and is governed by the provisions of the U. P. State Universities Act, 1973, hereinafter referred to as 'Universities Act'. The post of the Principal of the College fell vacant. In accordance with the provisions of U. P. Higher Education Services Commission Act, 1980, hereinafter referred to as 'Commission Act', the vacancy was reported to the Commission constituted by the above Commission Act. The Commission advertised the said post. The petitioner was one of the applicants. Dr. Ram Vyas Tripathi who was lecturer in the said College was also one of the applicants. The Commission after following the procedure laid down in the Commission Act and the Rules framed therein made a recommendation under section 13 of the Commission Act that the petitioner Dr. R. K. Markandey, be appointed as Principal of the said College. This letter was issued by the Commission on 5th June, 1986. The direction was issued to the Management of the aforesaid College to issue an appointment letter to the petitioner as he was selected for the said post. The petitioner waited for three months after the issue of the letter by the Commission and since the letter for appointment was not issued by the Management of the College the present writ petition was filed in this Court on 17-9-1986, inter alia, for a relief that a writ of mandamus be issued for appointment of the petitioner and it was further prayed that the Director of Higher Education, Allahabad who has been impleaded as respondent No. 1 be directed to take steps as required by Section 15 (2) of the Commission Act. This petition came up before a Bench of this Court for admission on 17-9-1986 and the following interim order was passed by this Court :- "Heard Counsel. Let interim mandamus issue directing the Director of Higher Education, Allahabad, respondent No. I, to enquire into the representation made by the petitioner dated 18th August, 1986 (Annexure 'III'; in the matter of selection made of the petitioner for appointment as Principal Baba Baruadas M iha- vidyalaya, Pnraiya Ashram, Faizabad, as contemplated under section 15 (2) of the U. P. Higher Education Services Commission Act, 1980 and thereafter issue requisite direction to the Committee of Management to issue letter of appointment to the petitioner, within four weeks from the date of the presentation of the certified copy of this order before him or show cause. The petitioner is permitted to serve respondent No. 2 personally also."
(3.) IN pursuance of the above order passed by the Court since the Management did not issue any appointment letter to the petitioner, the Director of Higher Education by an order dated January 7, 1987 issued a direction under section 15 (2) of the Commission Act asking the Manager of the College to appoint the petitioner by 28tb January, 1987 and permit the petitioner to take charge as Principal of the College and to work as such. It was further directed that in case the order was not complied with by the Management then action will be taken under section 15 (3) of the Commission Act. In spite of the direction issued by the Director and in spite of the fact that the petitioner made representation to the Management of the Institution asking him to issue a letter of appointment, no letter of appointment was issued by the Management of the College.;