Barkat Ali Zaidi, J. - (1.) The petitioner is working on an honorarium basis as Sanskrit Lecturer with respondent No. 3 Firoz Gandhi College, Rai bareilly since September, 2003. The respondent No. 2 U.P. Higher Education Service Commission conducts examination for recruitment of teachers in colleges. The rules under which examinations are conducted are as follows: 12. Procedure for appointment of teachers: (1) Every appointment as a teacher of any college shall be made by the management in accordance with the provisions of this Act and every appointment made in contravention thereof shall be void. (2) The management shall intimate the existing vacancies and the vacancies likely to be caused during the course of the ensuring academic year, to the Director at such time and in such manner, as may be prescribed. Explanation : The expression "academic year" means the period of 12 months commencing on July 1. (3) The Director shall notify to the Commission at such time and in such manner as may be prescribed a subject wise consolidated list of vacancies intimated to him from all colleges. (4) The manner of selection of persons for appointment to the posts of teachers of a college shall be such, as may be determined by regulations: Provided that the Commission shall with a view to inviting talented persons give wide publicity in the State to the vacancies notified to it under Sub-section (3): Provided further that the candidates shall be required to indicate their order of preference for the various colleges, vacancies wherein have been advertised. 13. Recommendation of Cow mission: (1) The Commission shall, as soon as possible, after the notification of vacancies to it under Sub-section (3) of Section 12, hold interview ( with or without written examination) of the candidates and send to the Director a list recommending such number of names of candidates found most suitable in each subject as may be, so far as practicable, twenty five percent more than the number of vacancies in that subject. Such names shall be arranged in order of merit shown in the interview, or in the examination and interview if an examination is held. (2) The list sent by the Commission shall be valid till the -receipt of a new list from the Commission. (3) The Director shall having due regard in the prescribed manner, to the order of preference if any indicated by the candidates under the second proviso to Sub-section (4) of Section 12, intimate to the management the name of a candidate from the list referred to in Sub-section (1) for being appointed in the vacancy intimated under Sub-section (2) of Section 12. (4) Where a vacancy occurs due to death, resignation or otherwise during the period of validity of the list referred to in Sub-section (2) and such vacancy has not been notified to the Commission under Sub-section (3) of Section 12, the Director may intimate to the Management the name of a candidate from such list for appointment in such vacancy. (5) Notwithstanding anything in the preceding provisions whereto abolition of any post of teacher in any college, services of the person substantively appointed to such post is terminated the State Government may make suitable order for his appointment in a suitable vacancy, whether notified under Sub-section (3) of Section 12 or not in any other college, and thereupon the Director shall intimate to the management accordingly. (6) The Director shall send a copy of the intimation made under Sub-section (3) or Sub-section (4) or Sub-section (5) to the candidate concerned.
(2.) The respondent No. 2, the commission conducted examination in the month May, 2005 for selection of 25 posts of Sankrit Lecturer. The petitioner also appeared in the examination but was not one of the 25 persons selected.
(3.) The post on which the petitioner was working in Firoz Gandhi College Rai Bareilly it's vacancy was not inadvertently advertised with the name of the college and city. Subsequently, when this error was discovered, it was rectified in the manner that the candidates who were called for interview on 6.5.2005 or so, were asked to give their choice of this college of Rai Bareilly because Second Proviso of Sub-section 4 of Section 12 above requires to give their choice for the college. In this manner this vacancy has also been filled up and the name of respondent No. 5 who was selected by the Commission his name was recommended by the respondent No. 2 Commission to Respondent No. 1 Director of Education, in consequence whereof, the Director under Sub-section 3 of Section 13 above intimated to the respondent No. 3 Committee of Management, the name of respondent No. 5 Dr. Rajesh Kumar for appointment on the post in question against which the petitioner is working.;