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High CourtsDivision Bench(2003) 01 AHC CK 0062

Dr. Ajit Kumar Saraswat vs Shiksha Nideshak (Uchcha Shiksha) Uchcha Shiksha Nideshalaya and Others

Allahabad High Court · Decided on 30 January 2003 · Citation: (2003) 2 AWC 1384 : (2003) 1 UPLBEC 681

HON’BLE JUDGES
Prakash Krishna, J · M. Katju, J
RESULT
Allowed
CASE NUMBER
C.M.W.P. No. 45379 of 2002
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Judgment

4 paragraphs · 212 words

M. Katju and Prakash Krishna, JJ.—We have heard learned counsel for the parties.

2.

Admittedly the petitioner has been selected by the U. P. Higher Education Service Commission for the post of Principal and the placement order of the Director, Higher Education dated 6.8.2002 is Annexure-1 to the writ petition. The respondent No. 6 is only an ad hoc Principal and hence he has no right to the post. It prima facie, seems to us that the Committee of Management and the respondent No. 6 are hands in glove and they are not permitting the petitioner, who is a regularly selected candidate, to join.

3.

Sri Ashok Khare, learned counsel for the respondent No. 6 states that the petitioner''s selection is illegal because the post in question is of the reserved category. In our opinion, this argument advanced by the learned counsel for the respondent No. 6 is not available to him as the respondent No. 6 is only an ad hoc Principal and hence, he has no right to the post.

4.

The petition is, therefore, allowed and a mandamus is issued to the respondent No. 5 Committee of Management to allow the petitioner to join as regular Principal of the institution in question forthwith and issue appointment letter to him.