- (1.) Heard learned counsel for the parties. By the instant writ petition, petitioners seek the following reliefs:- "i. To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.7.2016 passed by the Secretary of the Board, respondent no.2 (Annexure-9 to the writ petition). ii. To issue a writ, order or direction in the nature of mandamus directing the Additional Director of Education (Madhyamik) Allahabad to consider the claim of the petitioner no.3 for according approval of his transfer on the post of Principal from Pt. Jawahar Lal Nehru Zila Panchayat Inter College, Kunwargaon Budaun to Sri Radha Gopal Ji Uchchattar Madhyamik Vidyalaya, Gopalbagh Raya, District Mathura." By impugned order dated 19 July 2016, second respondent-U.P. Secondary Education Service Selection Board, Allahabad, rejected the request of the fourth respondent-District Inspector of Schools, Mathura, to cancel the notification issued by the fifth respondent-Committee of Management, Pt. Jawahar Lal Nehru Zila Panchayat Inter College, Kunwargaon, Budaun, for filling up the post of Principal by the Board. A detailed order came to be passed by this Court on 1 February 2019, which reads thus:- "1. Petitioner applied for appointment to the post of Lecturer, pursuant to an advertisement issued by respondent no. 2 Board on 28.12.2013 i.e. Advertisement no. 3 of 2013. He has been selected and a placement order has been issued by the competent authority on 16.9.2018 requiring him to join at 'Jawahar Lal Nehru Inter College, Anapur, Jaunpur'. The order dated 19.6.2018 is on record of the writ petition as Annexure -2. Grievance of the petitioner is that he is not being allowed to join despite the placement order issued in that regard. Prayer is made in the writ petition to direct the authorities to ensure joining of the petitioner in the institution concerned.
(2.) While entertaining the writ petition instructions were called from the respondents concerned. The Court was apprised that the institution has already filled up the post in question by allowing another candidate to join by way of transfer. After hearing the parties following orders were passed in this writ petition on 21.12.2018:- "Submission is that petitioner is a selected candidate, and merely because the Committee of Management has allowed someone else to join after the advertisement was issued by the Board, the selected person cannot be refused joining in the institution concerned. Learned Standing Counsel may obtain instructions from respondent no.3, by the next date fixed. Sri Satyaveer Singh may also obtain instructions from the Board. Put up once again as fresh on 10.1.2019".
(3.) The Committee of Management of the institution has appeared and has filed a counter affidavit, stating that though vacancy was notified but as regularly selected candidate was not made available to the institution concerned, therefore, committee of management proceeded to grant no objection certificate for the post to be filled by way of transfer and consequently Addl. Director of Education (Secondary) in terms of provision contained in Regulations 55 to 61 of Chapter-III of the U.P. Intermediate Education Act, 1921 passed orders transferring one Shivadhar as Lecturer in the institution concerned on 18.2.2015. It is stated that since the post has already been filled by way of transfer and financial approval has also been granted to it, there exists no vacancy in the institution against which petitioner could be allowed to join.;