Tarun Agarwala, J. - (1.) We have heard Sri Manish Goyal, the learned counsel for the petitioner, the learned standing counsel for respondent Nos. 1, 2 and 3, Mrs. Archna Singh, the learned counsel for U.P. Higher Education Services Commission, Allahabad, respondent No. 4, Sri Alok Misra, the learned counsel for respondent No. 5 Dr. Nilay Kumar and Sri Punit Khare, the learned counsel for the Committee of Management, Jagatpur Post Graduate College, Jagatpur, Varanasi, respondent No. 6.
(2.) Advertisement No. 39 was issued on 24.2.2005 by the U.P. Higher Education Services Commission inviting applications for various posts of Principal in Under Graduate Degree Colleges as well as Post Graduate Degree Colleges. The Committee of Management of Jagatpur Post Graduate College, Jagatpur, Varanasi, respondent No. 6 also sent a requisition for filling up the post of Principal. For reasons best known, the Commission failed to advertise the post of Principal for Jagatpur Post Graduate College, Jagatpur, Varanasi. The Committee protested and sent a representation, which was considered and the Director issued a direction to the Commission to advertise the post and do the needful in filling up the post of Principal. It transpires that a corrigendum was issued by the Commission advertising the post of Principal showing the college as an Under Graduate College. The Committee of Management again protested, but, as per the record, no further corrigendum was issued rectifying the mistake committed by the Commission. As a result, the vacancy of the post of Principal was advertised by the Commission showing Jagatpur Post Graduate College, Jagatpur, Varanasi as an Under Graduate College.
(3.) Respondent No. 5, Dr. Nilay Kumar, applied for the post of Principal for Under Graduate Colleges as well as for the Post Graduate Colleges. Respondent No. 5 was not selected for the post of Principal of Under Graduate Colleges, but, was selected for the Post Graduate College. Pursuant to the select list, the Director of Higher Education issued a placement order directing respondent No. 5 to join at Kulbhaskar Ashram Degree College at Allahabad on the post of Principal. Respondent No. 5, however, did not join at Kulbhaskar Ashram Degree College and challenged his placement as Principal before the Lucknow Bench of this Court by filing Writ Petition No. 1362(S.B.) of 2009. The Division Bench passed an order dated 17.9.2011 directing the Secretary/Director of Higher Education to decide the representation of respondent No. 5 with regard to his request for placement at Jagatpur Post Graduate College, Jagatpur, Varanasi where he was teaching instead of posting him at Kulbhaskar Ashram Degree College at Allahabad. Based on the aforesaid directions, the Director of Higher Education, Dr. Mian Jaan, by his order dated 26.11.2009 rejected respondent No. 5 request and directed him to join at Kulbhaskar Ashram Degree College, Allahabad. The representation of respondent No. 5 was rejected on the ground that the post of Principal of Jagatpur Post Graduate College, Jagatpur, Varanasi was not advertised in Advertisement No. 39, dated 24.2.2005 and therefore, he cannot be allowed to join.;