G.P.MATHUR, J. - (1.) THIS writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued commanding the Director of Higher Education, U. P. to pass a placement order for appointing the petitioner as Principal of Lala Laxmi Narain Degree College, Sirsa, Allahabad.
(2.) THERE is a degree college known as Lala Laxmi Narain Degree College at Sirsa in the district of Allahabad. The regular Principal of the college retired from service in February, 1994, after attaining the age of superannuation and the petitioner was appointed as officiating Principal on 8.3.1994. The management of the college intimated the vacancy to the Director of Higher Education, U. P., in accordance with Section 12(2) of the U. P. Higher Education Services Commission Act, 1980 (hereinafter referred to as the Act). The Director then notified the vacancy to U. P. Higher Education Services Commission (hereinafter referred to as the Commission) in accordance with Section 12 (3) of the Act. The Higher Education Services Commission issued Advertisement No. 25 for making selection on the post of Principals of several degree colleges and postgraduate colleges in the whole of the State. The petitioner applied for the post of Principal of a degree college and indicated his first preference for the institution in question, namely, Lala Laxmi Narain Degree College, Sirsa, Allahabad. The Commission declared the result of the selection on 18.4.2001 for various degree colleges and postgraduate colleges. Amongst the persons selected for the post of Principal of a degree college, the petitioner's name appeared at SI. No. 28, and, thus, he became entitled to be appointed as Principal of a degree college. It is averred in the writ petition that the petitioner had joined the Lala Laxmi Narain Degree College, Sirsa, Allahabad, as lecturer when the institution was established on 4.10.1971. He was promoted as reader in August, 1988, and since March, 1994, he started functioningas officiating Principal of the college with the approval of the Vice -Chancellor of Kanpur University. The college made commendable progress and B.Sc. (Biology and Mathematics groups) and B.Ed, classes were started after the petitioner took over as officiating Principal of the College. In the academic session 2000 -2001, 2,300 students (both boys and girls) were studying in the college. After the result had been declared by the Commission and it was known that the petitioner had been selected for the post of Principal of a degree college, Sri Omkar Nath Agarwal, the Manager of the college, sent a letter to the Director of Higher Education, U. P. on 20.4.2001 requesting him that a placement order be issued in favour of the petitioner for his appointment as Principal of the college.
(3.) IN the counter -affidavit filed by Dr. R. K. Baslas, Director of Higher Education, U. P., it is stated that appointment on the post of Lecturer and Principal in an affiliated college (other than a Government college) is made in accordance with Higher Education Services Commission Act and the procedure for making appointment is given in Section 12 of the said Act. It is averred that the Director of Higher Education, U. P., is not bound to make a placement order according to the choice of the candidate and the same has to be done in a prescribed manner by taking into consideration the roster made in accordance with U. P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Backward Classes) Act, 1994. It is admitted that the petitioner has been selected for the post of Principal and his name finds place at SI. No. 28 in the merit list of the selected candidates of general category. It is also admitted that the petitioner had given his first preference for placement in the institution In question, namely, Lala Laxmi Narain Degree College, Sirsa, Allahabad. However, the stand taken is that another candidate, namely, Dr. Sadhu Singh Chauhan, whose name finds place at SI. No. 13 in the list prepared on the basis of roster had also given his preference for the sameInstitution. The specific plea taken in paragraph 3 (h) of the counter -affidavit is that as another candidate, whose name happens to be higher than the petitioner in the list prepared according to the roster, has already given preference for the institution in question, it is not possible to recommend the name of the petitioner for his appointment as Principal of the institution as his position in the merit list is lower,;