- (1.) The UP Higher Education Service Commission (the Commission) published the advertisement No. 20 for selecting candidates over the post of lecturers in the degree and post graduate colleges in the State. Among others, it included posts of lecturer in political science. Out of these three posts were in Meerut College, Meerut (the Meerut College). It also included some posts of Janta Vadic Degree College, Baraut, Meerut (the Janta College). The select list was declared in 1996. Respondent No. 5 (the contesting respondent) and Respondent No. 6 had given their choice for the Meerut College. They were selected and were placed at serial No. 29 and 9. Apart from these two, two other candidates, who were placed at serial Nos. 7 and 8 (higher than both of them), had also given their choice for the Meerut College. The candidates at serial Nos. 7 and 8 and the contesting respondents were appointed in the Meerut College. However, respondent No. 6, who was higher in merit than the contesting respondent was appointed in the Janta College.
(2.) Respondent No. 6 filed writ petition No. 27380 of 1996 (the earlier WP) for a direction that she should be appointed in Meerut College as she is higher in merit than the contesting respondent. This writ petition was allowed. The operative portion of the order is as follows: In the circumstances of the case the writ petition is allowed and the order dated 6.7.96 Annexure-4 to the writ petition and the order dated 25.7.96 are quashed. The petitioner [Respondent No. 6 here] shall be given appointment as lecturer in political science in Meerut College, Meerut forthwith and respondent No. 6 [the contesting respondent here] can be posted as lecturer in Janta Vedic Inter College, Baraut, District Meerut in place of the petitioner. There is typing mistake in this order. It should be Janta Vedic degree College instead of Janta Vedic Inter College. However this not material for the controversy in issue.
(3.) The petitioner was appointed in the Political Science Department in the Janta College in the year 1983. He was made head of Political Science Department in the year 1993. He was interested in getting himself transferred to the Meerut College. In the late 1990 s the State Government as well as the Chancellor took initiative and issued some GOs enabling transfer from one government aided college to another aided college. The petitioner, with consent of committees of management of both colleges, applied for his transfer from the Janta College to the Meerut College. The Vice Chancellor approved this transfer on 2.8.1999. The petitioner also joined his duties in the Meerut College on 14.8.1999.;