- (1.) BY way of this intra court appeal, the appellant, who is respondent in Writ A No. 42564 of 2014, seeks to question interim order dated 11.11.2014 as passed by learned Single Judge, which reads as under: - "Sri S.N. Singh who appears for the Board states that the case of the petitioner has been decided by the order dated 29.10.2014. The petitioner may amend the petition accordingly. List this matter on 25.11.2014. Till 25.11.2014 the petitioner will be allowed to function in the college where he was originally posted i.e. in Bulandshahar."
(2.) THE order aforesaid appears to have been passed in the background of the facts that in relation to the recruitment to the post of Assistant Teacher, LT Grade for Social Science, the present appellant had earlier the grievance to raise that lesser meritorious candidate was selected and she was left out. Therefore, she filed a writ petition, being Civil Misc. Writ Petition No. 45554 of 2013, which was considered and decided by the learned Single Judge by the order dated 18.9.2013, expecting the U.P. Secondary Education Services Selection Board, Allahabad ('the Board') to take appropriate decision on the basis of record available. It appears that on the writ so issued, the Board examined the matter and found justified the claim of the present appellant and, therefore, proceeded to modify the panel with her inclusion in the list of selected candidates.
(3.) THE problem has arisen for the fact that the present appellant get selected as a General category candidate and, as a consequence of her selection, when the merit was recast, the petitioner of Writ Petition No. 42564 of 2014, Ms. Swati Gupta, who had earlier been selected against General category vacancies, was taken out from that category and was assigned the reserved category she belongs to i.e., OBC; and in this sequence, another candidate Ms. Ankahsa Yadav seems to have been taken out of selection. It is informed that the said candidate Ms. Akanksha Yadav has also filed another writ petition that remains pending. Be that as it may. The relevant aspect for the present appeal is that Ms. Swati Gupta, the candidate who had been shuffled because of inclusion of the present appellant, has filed the said writ petition No. 42564 of 2014 essentially with the submission that she is entitled to be allotted the college of her choice as the top candidate of the select panel of OBC category. The writ petitioner has, of course, claimed that she be allowed to function as Assistant Teacher in LT Grade in Basic Kanya Intermediate College, Mohana, Bulandshahar, where she is working at present. As a result of shuffling, she was allotted a different college, that is Bhagwan Arya Kanya Inter College, Lakhimpur Khiri, after taking out the aforesaid Ms. Akanksha Yadav.;