- (1.) S. P. Srivastava, J. petitioner Dr. Hawaldar Singh was recommend ed by the U. P. Secondary Education Services Commission (hereinafter referred to as the Commission) for being appointed on the post of Principal of Nagar Palika, Inter College, Jaunpur placing his name at serial No. 2 of the panel prepared by the Commission under Rule 7 of the U. P. Secondary Education Services Commission Rules, 1983 and notified under Rule 8 thereof on 24-10-1985 subject to the condition that he will be entitled to the appointment in the event of the failure of the recommedee placed at serial No. 1 in the panel to join the post within the specified time.
(2.) ON the receipt of the panel from the Commission, the District Inspector of Schools, Jaunpur issued a direction on 4-9-1986 requiring the Administrator of the Nagar Palika, Jaunpur to initiate proceedings under Rule 8 (3) (ii), (in), Rule 8 (iv) and Rule 8 (v) of the Rules framed under the Act. The Administrator was specifically directed to send the appointment letter to the candidate whose name found place at serial No. 1 within one month clearly indicating that he should join the post within ten days of the receipt of the order. In the aforesaid letter issued by the District Inspector of Schools, it was further directed that in case the recommendee of the Commission whose name found place at serial No. 1 in the panel failed to join within the specified time, in that event name of Devi Prasad Singh should be treated to have been substituted by the name of second recommendee Pr. Hawaldar Singh, It may be noticed at this stage that on 16-11-1985 one of the senior most teachers in the lecturer's grade employed in the Nagar Palika Inter College, Jaunpur had filed a writ petition being writ petition No, 17098 of 1'985 challenging the entire proceedings of selection culminating in the panel referred to hereinbefore and had sought for the quashing of the selection made for the post of Principal of the College besides seeking a direction requiring the Nagar Palika, Jaunpur, Nagar Palika Inter College, Jaunpur, the District Inspector of Schools, Jaunpur and the Deputy Director of Education, Varanasi not to give effect to the selection made on the post of Principal of the Nagar Palika Inter College, Jaunpur. In the aforesaid writ petition on 21-12-1985 this Court had passed an interim order restraining Devi Prasad Singh who had been impleaded as respondent No. 5 in the aforesaid writ petition from joining the Nagar Palika Inter College, Jaunpur. Subsequently, however, another interim order was passed by this Court in the aforesaid writ petition requiring the petitioner to implead Dr. Hawaldar Singh as respondent in the above case and restraining the Nagar Palika, Jaunpur through its Administrator from appointing the petitioner as officiating Principal. This interim order was passed on 30-9-1986. The Writ Petition No. 17098 of 1985 was ultimately dismissed on merits on 5-1-1988.
(3.) IN the aforesaid view of the matter in the order issued by the District INspector of Schools on 4-9- 1986, it was indicated that the appointment made pursuant to the direction contained therein shall remain subject to the final order passed in the aforesaid writ petition. Subsequent to the dismissal of the Writ Petition No. 17098 of 1985 on 5-1-1988, the petitioner Hawaldar Singh requested the Administrator that complying with the direction contained in the letter issued by the District Inspector of Schools dated 4-9-1986, the appointment letter in his favour appointing him on the post of Principal of the College be issued as Devi Prasad Singh, the recommendee placed at serial No. 1 in the panel was not available. Receiving no response to the aforesaid request, the petitioner approached the Deputy Director of Education Vth region, Varanasi vide his letter dated 20-7- 1988 for initiating the proceedings under Section 17 of the Act and directing the Administrator to issue appointment letter in his favour. However, since nothing was done by the Deputy Director of Education in the matter the petitioner again sent a detailed representation on 29-9-1988 to the Deputy Director of Education bringing to his notice that he had already request ed for taking action under Section 17 (1) of the Act vide his letter dated 27-10-1986 but nothing was being done in the matter even though the Com mission itself vide its letter dated 6-12-1986, has also requested for the imple mentation of the panel. It was further pointed out in the representation that in spite of repeated reminders nothing was being done and early action was solicited. The petitioner requested that suitable directions may be issued to that he may assume the charge of office of the Principal in question.;