- (1.) H. L. Gokhale, C. J. Heard Sri Ashok Khare, Senior Advocate ap pearing with Sri P. N. Ojha for appellant, Sri G. C. Upadhyay, Standing Counsel for the State appearing for respondents No. 1, 3 and 4, Sri R. P. Dubey appearing for respondent No. 2 and Sri P. K. Ganguli appearing for respondent No. 6.
(2.) MR. Ashok Khare seeks to delete respondent No. 5, Committee of Man agement, Rani Murar Kumari Balika Inter College, Bhojubir, Varanasi as no relief is sought against it. He is permitted to do so during the course of the day. The appellant herein is the Joint Director of Education (Basic ). He was earlier working as the Secretary of respondent No. 2, U. P. Secondary Education Service Selection Board, Allahabad. Respondent No. 6 herein had applied for the post of Assistant Teacher in L. T. Grade in pursuance of an advertisement No. 1 of 2001 of U. P. Secondary Education Service Selection Board. She was amongst the successful candidates and her name was recommended for appointment at an Intermediate College at Lucknow after a selection examination. On approaching that college she was informed that there was no vacancy. She was, therefore, asked by the Board to approach another Intermediate College at Varanasi. She was not absorbed there also. She then filed Civil Misc. Writ Petition No. 40684 of 2006. The prayer in this petition was to direct the Board to consider the claim of the petitioner for alloca tion of another institution for the post of L. T. Grade Teacher (Social Science ).
(3.) THE prayer in the petition was thus very clear and it was directed against the second respondent, Board. THE Authorities of the State and the Intermediate College of Varanasi were also joined as respondents in that petition. When the petition reached before the learned single Judge, he had the jurisdiction to look in the matter as per the roster as it stood at that point of time. The grievance of the appellant is that the learned single Judge has gone outside the frame of that petition. He has passed various orders and seven of these are affecting the appellant. As a result of these orders passed by the learned single Judge the appellant was suspended at one point of time. He has challenged that suspension by filing an independent petition and suspension has been stayed. A C. B. I, inquiry has also been directed by the Court in general against which the Board filed an appeal and that order has been stayed by another Division Bench and now a disciplinary proceeding is going on against the appellant. The im pugned orders are: (i) 28th August, 2006; (ii) 14th September, 2006; (iii) 19th July, 2007; (iv) 26th July, 2007; (v) 2nd August, 2007; (vi) 17th September, 2007 and (vii) 12th October, 2007.;