- (1.) Heard Sri Radha Kant Ojha, learned senior counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner, Sri Alok Kumar Mishra and Sri Ashwani Kumar Pathak, learned counsel appearing for respondent no. 6, Sri S.K. Dwivedi, learned counsel appearing for respondent no. 5 and learned standing counsel appearing for the State - respondents.
(2.) By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 26.7.2017 passed by the Regional Higher Education Officer, Gorakhpur by which the respondent no. 6 has been directed to work as Officiating Principal of Baba Raghav Das Bhagwan Das Post Graduate College, Ashram Barhaj, Deoria, being senior most Associate Professor
(3.) On 8.8.2017, this Court has passed the following order: "We have heard Sri R.K.Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner, learned Standing Counsel and Sri Ashwani Kumar Pathak along with Sri Alok Mishra, learned counsel for the respondent no. 6. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 26.7.2017 passed by the Regional Higher Education Officer, Gorakhpur by which the respondent no. 6 has been directed to work as Officiating Principal of B.R.D.B.D.P.G. College, Ashram Barhaj, Deoria, being senior most Associate Professor. While assailing the aforesaid order, learned counsel for the petitioner contended that earlier the respondent no. 6 was appointed as Officiating Principal but he expressed his unwillingness to work as Officiating Principal and written a letter to the petitioner to come and join as Officiating Principal. Pursuant thereto, the petitioner has joined on 9.7.2016. It is thereafter the petitioner's signature has been attested by the Regional Higher Education Officer Gorakhpur on 11.7.2016. Thereafter the petitioner has started work and vide order dated 19.5.2017, direction has been issued to pay salary to the Officiating Principal. It is contended that abruptly without cancelling the petitioner's appointment as Officiating Principal, the respondent no. 6 has been directed to join as Officiating Principal. The contention of Sri Ojha is that the aforesaid order has been passed in breach of principle of natural justice and further it contains no reason. Prima facie, there appears to be some substance in the submissions of Sri Ojha, but on the request of learned Additional Chief Standing Counsel, the case is being passed over for the day. As prayed, put up day after tomorrow i.e. on 10th August, 2017 as fresh.";