- (1.) Heard Dr. Rajesh Kumar Srivastava, learned counsel for the petitioner, Shri R.K. Pandey, learned Standing Counsel for the respondent nos.1 to 4 and Shri Rajesh Kumar, learned counsel for the respondent no.6.
(2.) Learned counsel for the petitioner submits that the petitioner had applied for the post of Lecturer in Physics, pursuant to Advertisement No.02 of 2010 in the category of OBC. He was called for interview. He gave preference for appointment in five colleges, in case he is selected. The result was finally declared on 17.2.2012 in which the petitioner was declared successful in the general category and was placed at serial no.8. He was allotted an institution, namely, Sri Chandan Lal Inter College, Kandhla, Muzaffarnagar instead of the institutions for which he gave preference as OBC candidate which is against the provision of Rule 12 of the U.P. Secondary Education Service Selection Board Rules 1988. He submits that the petitioner has not yet joined in the institution allotted to him for the reasons that he is waiting for allotment of the college for which he has given option. He submits that in the case of Anurag Patel vs. U.P. Public Service Commission, 2005 9 SCC 742 while considering the controversy with regard to the determination of ranks and consequent allotment on the respective posts held that the authorities should have prepared the list of successful candidates who are to be appointed on general merit as also candidates who are to be appointed against the reserved vacancies and while making appointments the inter se merit of the reserved candidates should have been considered and they must have been given the option treating each service separately. He submits that since this procedure was not followed, and therefore, less meritorious candidates got appointment in a college of their choice but the petitioner could not get this opportunity. He also relied upon the judgment of Hon'ble Supreme Court in the case of Samta Aandolan Samiti and another vs. Union of India and others, Laws (SC)-2013-12-21 and the law laid down by the learned Single Judge of this Court in the case of Archana Anand vs. State of Uttar Preadesh and others, Laws (All)-2007-4-95.
(3.) Shri R.K. Pandey, learned Standing Counsel supports the action of the respondents.;