R.A. Sharma, J. - (1.) Petitioner has filed this writ petition for appropriate direction to Banaras Hindu University, Varanasi, to issue him an appointment letter for the post of Computer Programme. The reliefs claimed in this writ petition are as follows : "1. An order, direction or writ directing the respondents No. 1 to issue appointment letter to the petitioner for tho post of Computer Programmer, Consist Programme, Institute of Medical Science, B. H U. Varanasi, or to decide the representation dated 25-6-1991. 2. An order, direction or writ, directing the respondents to hold selection for the post of Maintenance Engineer (Jr) Computer Centre B. H. U. Varanasi in pursuance of the advertisement made one and half years back. 3. Any other suitable order, direction or writ which this Hon'ble Court may deem fit and proper under the circumstances of the case. 4. An order for the costs."
(2.) Learned counsel for Banaras Hindu University, has raised a preliminary objection to the effect that, as for the same relief the petitioner filed earlier writ petition No. 7527 of 199), which was dismissed by a well reasoned judgment on 11-11-1991, this Writ Petition, is not maintainable. We have summoned the file of Writ Petition No. 7527 of 1991 and have perused the same. It appears that the petitioner was appointed in 1987 as Deputy District Health Statistical Officer under the Indian Council of Medical Research Project of Medical Science, Banaras Hindu University. By order dated 2-3-1991 the services of the petitioner were terminated and he as such filed Writ Petition No. 7527 of 1991 before this Court for the following reliefs : "(a) an order, direction of writ, quashing the impugned order dated 2-3-1991 (Annexure-5 to the writ petition). (b) an order, direction or writ directing the respondents No. 1 and 3 to give the petitioner alternative job of system Programmer in the department of Computer Science, Faculty of Science of Banaras Hindu University Varanasi or to adjust the petitioner in other projects of respondent No. 2. (c) any other suitable order, direction or writ which this Hon'ble Court may deem lit and proper in the circumstances of the case. (d) an order for costs." Relief 'b' of the earlier writ petition, quoted above, and the reliefs claimed in the instant Writ petition are identical. In the earlier writ petition, apart from averments made in the writ petition, the petitioner has filed a supplementary affidavit along with an application for interim relief directing the respondents to issue him a letter of appointment on temporary basis for the post of Computer Programmer, Consist Programme, Institute of Medical Science, Banaras Hindu University, Varanasi. In that supplementary affidavit it was mentioned that on 25-6-1991 the petitioner made an application to the Vice-Chancellor, Banaras Hindu University, which was duly forwarded and recommended for providing the petitioner with suitable alternative employment in the University and thereafter the Director Institute of Medical Science asked the Coordinator Consist Programme,, Prof. H. S. Shukla to do the needful in the matter and Sri Shukla, in his turn, expressed opinion in favour of the petitioner for temporary appointment. In support of the above averments the petitioner had filed the application dated 25-6-1991 and recommendations made thereon as well as letter of Sri Shukla making recommendation for his temporary appointment, as Annexures-1 and 2 to the supplementary affidavit. This Court by a detailed judgment, running into 14 pages, has dismissed the earlier writ petition of the petitioner. So far as Relief 'B', whereby the petitioner had prayed for appropriate direction for providing him with the job of system Programmer in the department of Computer Science, is concerned, it was rejected by the Division Bench of this Court with the following finding : "The question raised by the learned counsel for the petitioner that he should be offered alternative job by the University, in our opinion is not tenable. Those posts have to be filled in by the University in accordance with the provisions of the Statute by direct recruitment after inviting applications through advertisement. The petitioner cannot be absorbed on those posts as absorbing the petitioner on those posts would be violative of Article 16 of the Constitution."
(3.) The instant writ petition has been filed with identical allegations which were raised in the earlier writ petition and the letter dated 26-5-1991 and the recommendation as well as letter of Sri Shukla, which were filed as Annexures-1 and 2, to the supplementary-affidavit, in the earlier writ petition, have been filed as Annexures-2 and 3 to this writ petition.;