ARUN TANDON,J. - (1.) HEARD Sri Ashok Khare, Senior Advocate, assisted by Sri Aditya Kumar Singh, learned counsel for the petitioner, Sri P.S, Baghel, Senior Advocate, assisted by Sri Shiv Sagar Singh, learned counsel for respondent No. 4, Smt. Archana Singh, learned counsel for U.P. Higher Education Service Commission and Sri Mahesh Chandra Chaturvedi, learned Chief Standing Counsel assisted by learned Standing Counsel for State-respondents.
(2.) U .P. Higher Education Service Commission, Allahabad (hereinafter referred to as the 'Commission') published advertisement No. 32 inviting applications for appointment against teaching posts in various degree colleges affiliated to the various State Universities covered by the provisions of U.P. State Universities Act. The present writ petition is with reference to the post of Lecturer in Chemistry as was subject matter of advertisement No. 32. The advertisement mentioned that there were 80 posts of Lecturer in Chemistry, available without any further specification. Along with application forms, a list of institutions was made available qua 80 posts of Lecturer in Chemistry, which were subject matter of advertisement. Some of the posts so specified were further disclosed to be earmarked for specialization in Organic, Inorganic and Physical Chemistry. The post, which is subject matter of dispute pertains to Teeka Ram Kanya Mahavidyalaya, Aligarh, which as per the list was earmarked for Inorganic Chemistry.
(3.) PETITIONER , namely, Anshu Agrawal, as well as respondent No. 4, namely, Viniti Gupta applied in response to the aforesaid advertisement No. 32. A select list was published on 8th July, 2005. In the select panel so published, the name of the petitioner, who is possessed of a degree of M.Sc. in Inorganic Chemistry finds mention at serial No. 2 within the general category candidates, while the name of respondent No. 4, who is possessed of a degree of M.Sc. in Organic Chemistry, is at serial No. 25 within the same category. Petitioner, who stood higher in merit than the respondent No. 4 is stated to have opted for Teeka Ram Kanya Mahavidyalaya, Aligarh, as her first preference.;