- (1.) N. L. Ganguly, J. All the abovementioned writ petitions are in respect of the office of the Principal of Udit Narain Post Graduate College, Padrauna, district Deoria, which had fallen vacant and was to be filled in after selection by the U. P. Higher Education Service Commission.
(2.) WRIT Petition No. 10929 of 1986 was filed by Dr. Hari Nandan Singh hereinafter referred to as Sri H. N. Singh, who prayed for issuing a writ of mandamus restraining the U. P. Higher Education Service Commission, hereinafter referred to as 'commission', and opposite party No. 2 Sri Ram Deo Ojha, hereinafter referred to as Sri R. D. Ojha from interfering in any manner whatsoever in pursuance of the selection list dated 31-5-1986 and 28-5-1986 Anuexures 5 and 5-A by the Commission and prayer for permitting the petitioner Sri H. N. Singh to function as Principal and be paid salary of the Principal of the said College. Injunction was prayed restraining Sri R. D. Ojba from joining the post of Principal of the College on the basis of the selec tion list dated 31-5-1986 and 28-5-1986. Writ Petition No. 7932 of 1989 has been filed by Dr. Harish Chandra Verraa by which he has prayed for a writ for quashing the advertisement No. 12 dated 15-10-1988 issued by the Commission so far it relates to D. A. V. Post Graduate College, District Azamgarh. The prayer for not making an appointment on the post of Principal at D. A. V. Post Graduate College, Azamgarh be made on the basis of the interview in respect of the advertisement dated 15-10-1988, In this petitioner Dr. H. N. Singh and Dr. R. D. Ojha were not arrayed as parties. An interim order was passed on 17-5-1985 by which it was directed that the selection for appointment of Principal may go on but no appointment in pursuance thereof should be made. Counter and rejoinder-affidavits have been exchanged. Writ Petition No. 24619 of 1992 was filed by Sri R. D. Ojha impleading Sri H. N. Singh, Committee of Management of the College through Sri Ratanjeet Pratap Narain Singh, Director of Education, D. D. . , D. I. O. S. , State of U. P. The petitioner Sri R. D. Ojha claimed that he had been duly selected by the Commission, given appointment letter and took charge of the office of the Principal but was not paid salary for the post of Principal in question, a prayer for writ of mandamus commanding the payment of salary as Principal was made. Counter-affidavit has been filed by Dr. H. N. Singh and an application for impleadment of Kunwar Ram Pratap Narain Singh, Manager/secretary of the Committee of Management of the College was sub mitted. No counter-affidavit has been filed nor the matter was taken up.
(3.) DR. H. N. Singh inspite of the fact that his earlier writ petition was pending, filed Writ Petition No. 3339 of 1992 which was presented before the Division Bench on 14-9-1992 praying for a writ of certiorari quashing the order dated 31-8-1992 passed by the Director of Higher Education, U. P. by which direction was issued for payment of salary to Sri R. D. Ojha w. e. i. 30-3-1992. The Division Bench by order dated 14-2-1992 was pleased to pass an interim order "until further orders of this Court, the salary in dispute shall not be paid to the petitioner nor the respondent DR. R. D. Ojha. " Writ Petition No. 20248 of 1993 was filed by Dr. H. N. Singh inspite of the fact that two of his earlier writ petitions are pending before this Court. The petitioner Dr. H. N. Singh prayed for a writ of certiorari quashing Annexure 6 order dated 28-5-1993 passed by the Director, Higher Education, U. P. by which it was directed to the Manager of the Committee of Management of the College that in compliance with the orders of the Hon'ble High Court dated i4-9-1992, Dr. R. D. Ojha be permitted to continue and discharge the duties of the Principal of the Degree College, since he is the duly ticketed Principal for the College by the Commission. However, it was directed that in view of the order of the Hon'ble High Court, payment of salary, shall not be made till further orders are given by the Court. No counter or rejoiuder- affidavits have been filed in this writ petition. An interim order was passed by the learned Single Judge staying the operation of the order impugned till 31st July, 1993.;