Prakash Krishana, J. - (1.) THESE two writ petitions were heard together and are being disposed of by a common judgment as the facts and the issues involved in these two writ petitions are interwoven.
(2.) IN Writ Petition No. 41083 of 2005 Shri D. K. Singh is the petitioner (hereinafter referred to as the petitioner). Shri Dayanand Saha is the respondent No. 4 in the Writ Petition No. 41083 of 2005 and he is also petitioner in the Writ Petition No. 43975 of 2005. Shri Dayanand Saha is hereinafter referred to as the respondent. The main contest in these writ petitions is in between the petitioner-Shri D. K. Singh and the respondent-Shri Dayanand Saha. Indisputably both the petitioner and respondent are duly selected candidates by the U. P. Higher Education Service Commission (hereinafter referred to as the Commission) under advertisement No. 32 for the post of lecturer (Physics). The dispute in between the petitioner and the respondent is with regard to their placement order issued by the Director of Education (Higher). The petitioner was selected as general category candidate and is at serial No. 15 of the select list while the respondent got selection at serial No. 25 of the select list and is at the top in the category of "Other Backward Classes". Thus in the combined list the petitioner has been placed at serial No. 15 while the respondent has been placed at serial No. 25.
(3.) THE petitioner in the application form gave his first choice of placement for the College known as Udai Pratap Autonomous College, Varanasi (hereinafter referred to as the College in question) wherein the respondent is already working in the College in question as ad hoc lecturer. THE Director of Education (Higher) instead of honouring the first choice given by the petitioner for placement in the College in question, asked the petitioner by means of the impugned letter dated 9th of June, 2005 to join T.D. College, Jaunpur. THE grievance of the petitioner is that he being higher in merit and has given the first choice for placement in the College in question should be placed in the said College and the Director of Education (Higher) illegally failed to issue the placement order for the College in question but arbitrarily issued the placement order of the petitioner to join T.D. College, Jaunpur, ignoring his first choice given in the application form. THE petitioner on getting the information of his placement at T.D. College, Jaunpur, made a representation to the Director of Education (Higher) on 27th June, 2005. THE respondent is exercising political pressure upon the authority concerned to get joining in the College in question. THE Director of Education (Higher) in spite of personal interview failed to take any decision and is sitting tight over the matter and therefore the petitioner has filed the present writ petition. The respondent who is petitioner in the Writ Petition No. 43975 of 2005 has stated that he was appointed as Lecturer (Physics) in the College in question on 1st of August, 1991 on a fixed honorarium on sanctioned vacant post. The State Government issued G.O. dated 22.11.1991 for regularisation of ad hoc lecturers appointed on or before 30th June, 1991. The said Government order was amended by the State Government on 26th May, 1997 and the cut off dated 30th June, 1991, for appointment was changed to 22nd of November, 1991. The further averment is that the respondent is entitled for his regularisation on the post of Lecturer in Physics under Government order dated 26th of May, 1997. However, the Commission advertised the post of Physics Lecturer in the College in question vide advertisement No. 32 of 2002 and in pursuance thereof the respondent also applied for selection/ appointment on the post of Lecturer (Physics) mentioning his first choice of placement in the application form for the College in question. It has also been stated that a report was called for by the Commission on the representation of the respondent for his regularisation and this matter is still under consideration. The respondent applied in pursuance to the advertisement No. 32 of 2002 under the Other Backward Category and in the select list under Other Backward Category his name figures at serial No. 1 whereas in the combined select list he is at serial No. 25 and he has been working on the post of Lecturer (Physics) in the College in question since 1.8.1991 with artificial break of service. Having been selected by the Commission on the post of Lecturer in Physics in pursuance to the aforesaid advertisement No. 32, he has sought for relief to the effect that the Director be commanded not to make placement of any selected candidate on the post of Lecturer in Physics in the College in question wherein he is already working on the post of Lecturer in Physics on ad hoc basis since 1st of August, 1991. The further relief which has been sought for from this Court is for issuance of a writ, order or direction in the nature of mandamus to the respondents No. 1, 2 and 3 namely State of U. P.; Commission and Director of Education (Higher) to consider and finalise the regularisation of respondent on the post of Lecturer in Physics in the College in question in accordance with the Government order dated 26th May, 1997 read with Government order dated 3rd of March, 1992 and not to interfere in the working and functioning of the respondent on the said post.;