MANOJ MISRA,J. - (1.) WE have heard Shri P.N. Saxena, assisted by Shri Jagdev Singh for Dr. Jagdish Singh-the petitioner. Shri R.N. Singh, Sr. Advocate assisted by Shri V.K. Singh and Shri G.K. Singh have appeared for Dr. Gulab chand Singh-respondent no.5.
(2.) BY this writ petition Dr. Jagdish Singh-the petitioner, has prayed for directions to quash the orders dated 16.8.2010 and 18/20.9.2010 passed by the Director of Higher Education, U.P. at Allahabad-respondent no.2, and Committee of Management of Udai Pratap (Post Graduate) College, Varanasi (in short the college) by which Dr. Gulab Chand Singh was placed, under Section 13 (3) of the U.P. Higher Education Service Commission Act as Principal of the college, in pursuance to which the Committee of Management has issued appointment letter to him. Brief facts giving rise to this writ petition are that the post of Principal of the college was advertised by the U.P. Higher Education Service Commission vide Advertisement No.36, combined with Advertisement No.39, along with other posts of Principals of various Post Graduate colleges. In all 79 posts of Principals were advertised. Earlier to these advertisements the Advertisement No.33, 34, 35 and 36 were cancelled, in pursuance to different orders of the Court, and it was provided that in the Advertisement No.39 the candidates, who have already applied in pursuance to earlier Advertisement No.33, 34, 35 and 36, will not be required to apply afresh.
(3.) DR . Jagdish Singh, the petitioner had applied in pursuance to the Advertisement No.36 on 3.8.2003. Dr. Gulab Singh-respondent no.5 had also applied for the post of Principal in pursuance to the same Advertisement no.36. The Commission issued an interview letter dated 26.5.2008, asking him to appear for interview on 19.6.2008. At the time of interview the candidates including the petitioner and respondent no.5 were informed that the post of Principal in the Udai Pratap (PG) College, Varanasi was filled up by appointment of one Dr. Om Prakash Singh by way of transfer, as a result thereof their is no vacancy on the post. They were required to give their preferences afresh.;