- (1.) WE have heard Shri Amit Saxena, learned Counsel for the Petitioner. Learned Standing Counsel appears for the State Respondents.
(2.) THE Petitioner was selected as Lecturer in 'Chemistry' in pursuance to advertisement No. 41 by the U.P. Higher Education Service Commission. It is stated in the writ petition that the Petitioner was given placement in Bareilly College, Bareilly as Lecturer in Chemistry vide letter of the Director of Higher Education dated 12.10.2010, on a vacancy caused on the resignation of Dr. Sanjeev Kumar. By the impugned order dated 3.1.2011 the placement order has been cancelled on the ground that it was against the rules, and that the letter number, by which the placement order was issued by the office of Director of Higher Education, U.P. Allahabad, is fraudulent. Learned Standing counsel has sought instructions signed by Dr. Ramanand Prasad, Director, Higher Education, U. P. Allahabad. These instructions shall be made part of the record. The instructions are quoted as below: Writ Petition No. 5349/2011 Dr. Rupali Tandon v. State of U.P. and Ors. INSTRUCTIONS The abovenoted writ petition was listed for hearing before the Hon'ble Court on 29.1.2011 and after hearing the Hon'ble Court has been pleased to direct the Standing Counsel to seek instruction and place the same before the Hon'ble Court on the next date of hearing i.e. 1.2.2011. The instructions as required by the Hon'ble Court is being submitted as below: 1. That through the instant writ petition the Petitioner has prayed for order or direction in the nature of certiorari quashing the order dated 3.1.2011 whereby the Director, Higher Education has cancelled the placement order of the Petitioner in Bareilly College, Bareilly for the reasons that the said placement has been made on an unadvertised vacancy as well as for being forged one. 2. That the Petitioner who was selectee of advertisement No. 41 in the Chemistry subject was initially given appointment in Ganj Dundwara P.G. College, Etah by the Director, Higher Education vide letter No. degree Arth -1 (Ayog)/2937 - 2944/2008 -09 dated 4.1.2009. However, the Petitioner did not join in that college. It is pertinent to submit here that since the Petitioner was already working as Manday teacher in Bareilly College, Bareilly and was not interested in joining at Ganj Dundwara P.G. College, Etah, therefore, she did not join there. 3. That the Petitioner, however, approached the then Director, Higher Education and requested for change in her earlier placement order. The Director, Higher Education vide letter dated 12.10.2010 issued placement order in favour of petitioner in Bareilly College, Bareilly against the post which fell vacant due to resignation of Dr. Rajeev Kumar. It is pertinent to submit here that the said post of Rajeev Kumar against which the Petitioner's placement has been made, was not advertised under advertisement No. 41.
(3.) THAT the Hon'ble Supreme Court in Kamlesh Kumar Sharma's case clearly held that the placement of a selected candidate can not be made on an unadvertised post. It is humbly submitted that as per ruling given by the Hon'ble Apex Court the placement of a candidate is to be within the vacancies which has been advertised and not beyond it. The photocopy of judgment dated 9.2.1998 K.K. Sharma v. Yogesh Kumar Gupta is being annexed as Annexure No. 1.;