- (1.) THIS writ petition has been filed by Sri Mahipal Singh under Article 226 of the Constitution of India, with the following reliefs : (i) A writ in the nature of mandamus be issued directing opposite parties to adjust the petitioner as lecturer of Geography in a College in the State wherever vacancy exists or may exist in future. (ii) Issue a writ in the nature of mandamus directing the opposite party No. 3 (U. P. Higher Education Service Commission) to send his name for being considered under Section 31 (c) (iii) of the Higher Education Service Commission Act (for short 'act' ).
(2.) IT may be mentioned here that during the pendency at this writ petition an application dated 14-12- 1994 has been proved praying that the writ petition may be permitted to be amended so as to add some facts and reliefs detailed in Paragraph 5 of the said application. In this regard it may be mentioned that the aforesaid amendment was necessitated because of the pleadings set-up by the opposite party in the counter-affidavit. For ready reference the entire paragraph 5 of the said application may be relevant and, therefore, is quoted here : , " (5) That as the order of cancellation of the adjustment of the petitioner is the Meerut College, Meerut has been passed during the pendency of the above noted petition, it is necessary that the following amendment in the petition be permitted to be made, by adding the following paragraph, grounds and prayer : (17) That the director has misrepresented the case of the petitioner to the State and got the appointment order of the petitioner can celled. (18) That the order of cancellation has been passed by State Govern ment without affording any opportunity to the petitioner to bring correct facts to its knowledge. " After hearing learned counsel for the parties, this amendment is to be allowed.
(3.) CONSEQUENTLY, the additional prayer in this writ petition will be that 'the order of cancellation passed by the State Government without affording any opportunity to the petitioner may be quashed. This writ petition was filed originally on 17-1-1992. It was directed that counter-affidavit may be filed within four weeks and the rejoinder affi davit may be filed within one week. Thereafter various orders were passed and ultimately counter-affidavit on behalf of State of U. P. , Directorate of Education concerned and the U. P. Higher Education Commission have been filed. Dr. R. Dwivedi assisted by Sri V. S. Dwivedi on behalf of petitioner and Sri V. B. Singh assisted by Sri P. S. Baghel on behalf of U. P. Higher Education Commission and Shri D. R. Choudhary learned counsel for the State and Education Directorate concerned have been heard at length. It may be mentioned here that three counter-affidavits have been filed which were again supported by two supplementary counter-affidavits to which suitable replies have been given through equal number of rejoinder-affidavits. The matter being ripe for hearing is being decided fin ally at the admission stage as approv ed by the learned counsel for the parties.;