SUNITA AGARWAL,J. - (1.) BY means of a writ petition No. 30279 of 2004 one Dr. Hira Lal Ram, prayed for mandamus commanding the respondent No. 5 i.e. Committee of Management, G.D. Binani Post Graduate College Mirzapur to permit the petitioner to function as principal of the college and to pay his salary regularly on the post of principal as and when it falls due. Notices were issued on the said writ petition on 4.8.2004. The petition was dismissed for non prosecution by order dated 25.7.2012 passed by Division Bench comprising of Hon'ble Mr. Justice Satya Poot Mehrotra and Hon'ble Mr. Justice Het Singh Yadav. The present writ petition No. 32484 of 2004 was filed by the Management of the College, namely, G.D. Binani Post Graduate College, Mirzapur, challenging the order passed by the Joint Director of Education(Higher) Directorate of Higher Education, U.P. Allahabad whereby respondent No. 3 Joint Director of Education (Higher) directed the petitioner, Committee of Management to allow the respondent No. 5, Dr. Hira Lal Ram to join on the post of Principal in the Institution otherwise action would be taken under Sections 57 and 58 of U.P. State Universities Act, 1973, for appointment of authorised controller.
(2.) THE present writ petition filed by the Management remained pending after notices were issued on 13.8.2004 by this Court. A counter-affidavit on behalf of respondent No. 5 i.e Dr. Hira Lal Ram was filed on 3.5.2012 to which the rejoinder- affidavit was filed on 17.5.2012. Other affidavits were also filed to bring on record the subsequent development occurred | during pendency of the writ petition. The State, i.e. respondent Nos. 1, 1, and 3 Filed their counter-affidavit on 24.5.2012 in support of the contention of the respondent No. 5 This case has a chequered history. The respondent No. 5 Dr. Hira Lal Ram had applied in pursuance of the advertisement No. 23 issued by the U.P. Higher Education Services Commission Allahabad for the post of Principal. His name was recommended for appointment at Handia Post Graduate College Handia, Allahabad. He again applied in response to advertisement No. 24 for the appointment on the post of principal and was recommended for appointment in Udit Narain Post Graduate College, Padrauna, District Kushinagar. Dr. Hira Lal Ram joined as principal at Udit Narain Post Graduate College, Padrauna, District Kushinagar on 6.7.1999 and without submitting his resignation at Udit Narain Post Graduate College, Padrauna, District Kushinagar, he joined as Principal at Handia Post Graduate College, Handia on 14.3.2000. In the meantime, in pursuance of the advertisement No. 25 for the post of principal he was selected and recommended for the appointment in G.D. Binani Post Graduate College, Mirzapur. By letter dated 30.4.2001, Director of Higher Education, Allahabad informed the petitioner management that the name of Dr. Hira Lal Ram has been recommended for appointment as principal in the institution. Again in pursuance to the letter dated 5.2.2002 sent by the Director of Higher Education, Allahabad petitioner management issued appointment letter dated 17.6.2002 to Dr. Hira Lal Ram appointing him to the post of Principal on probation for a period of one year from 2.7.2002. Dr. Hira Lal Ram was directed to join duty by letter dated 2.7.2002 and information to this effect was also given to the Director of Higher Education, Allahabad by another letter issued on 17.6.2002.
(3.) RESPONDENT No. 5 Dr. Hira Lal Ram in response to the appointment letter dated 17.6.2002 sought two months time to submit his joining as principal in the college by letter dated 29.6.2002. Again by order dated 26.9.2002, Director of Higher Education asked the petitioner management to ensure the compliance of the order dated 30.4.2001, whereby Dr. Hira Lal Ram was recommended for appointment to the post of principal in the institution. A reply dated 8.10.2002 was given by the Management to Director of Higher Education that respondent No. 5 has been informed to join the institution, he however, sought two months' time to join which had also expired on 31.8.2002. However, no information was received by the management from the respondent No. 5. The respondent No. 5 was also informed about the order passed by the Director, Higher Education, U.P. Allahabad and copy of the order dated 26.9.2002 was supplied to him alongwith the communication dated 4.10.2002/8.10.2002. Dr. Hira Lal Ram in response to the letter dated 29.6.2002 by the Director Higher Education, Allahabad sent a reply vide letter dated 8.10.2002 and prayed that he may be allowed at least three months' time to submit his joining at petitioner college, failing which his placement in the college and appointment letter issued by the management may be cancelled.;