Dr. Durga Prasad Asthana vs State of U.P. and Another

Satya Poot Mehrotra and Kashi Nath Pandey, JJ.—The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India making the following prayers:

Issue a writ, in the nature of mandamus commanding to the respondent No. 2 to consider the candidature of the petitioner, for the post of the Principal of D.A.V. Post Graduate College, Azamgarh, in the counseling which is going on after cancelling the candidature of Mr. Gulab Chandra Singh.

A writ or order or direction, which the Hon''ble Court deem just and proper in the interest of the petitioner.

Award cost of writ petition to the petitioners.

From a perusal of the averments made in the writ petition and the Annexures thereto, it appears that pursuant to the Advertisement No. 39 issued by the U.P. Higher Education Services Commission, Allahabad for selection for the posts of Principal in Post Graduate Colleges, the petitioner submitted his application. As regards placement, the petitioner gave first preference for D. A.V. Post Graduate College, Kanpur and second preference for D.A.V. Post Graduate College, Azamgarh.

The petitioner as well as Dr. Gulab Chandra Singh were selected for the posts of Principal. The Director, Higher Education, U.P., Allahabad thereafter, gave placements to the selected candidates. The said Dr. Gulab Chandra Singh was given placement on the post of Principal in D.A.V. Post Graduate College, Azamgarh while, the petitioner was given placement on the post of Principal in Sri Gandhi Post Graduate College, Maltari, Azamgarh.

It appears that the said Dr. Gulab Chandra Singh sought extension from time to time for joining on the post of Principal, D.A.V. Post Graduate College, Azamgarh on the ground of illness of his wife. By the communication dated 13.11.2009 (annexed as part of Annexure-4 to the writ petition), the Director, Higher Education, U.P., Allahabad asked the Controller/District Inspector of Schools, Azamgarh to ensure disposal of the matter of Dr. Gulab Chandra Singh within three days, and in case the said Dr. Gulab Chandra Singh would still not join on the post of Principal in D.A.V. Post Graduate College, Azamgarh, then some other candidate be posted as permanent Principal in the said College.

By the communication dated 1.1.2010 (Annexure-5 to the writ petition), the District Inspector of Schools, Azamgarh requested the Director, Higher Education, U.P., Allahabad that as time given to Dr. Gulab Chandra Singh for joining on the aforesaid post of Principal in D.A.V. Post Graduate College, Azamgarh had already expired, any other selected candidate be posted on the post of Principal in the said College, while Dr. Gulab Chandra Singh be adjusted elsewhere.

By the order dated 8.1.2010 (Annexure-1 to the writ petition), the Director, Higher Education, U.P., Allahabad cancelled the placement of the said Dr. Gulab Chandra Singh on the post of Principal in D.A.V. Post Graduate College, Azamgarh.

In view of the aforesaid, the petitioner has filed the present writ petition seeking the reliefs, as mentioned above.

We have heard Sri Dinesh Kumar Pandey, learned Counsel for the petitioner and Sri Pankaj Saxena, learned standing counsel appearing for the respondents.

It is submitted by Sri Dinesh Kumar Pandey, learned Counsel for the petitioner that as the post of Principal in D.A.V. Post Graduate College, Azamgarh has now fallen vacant, the petitioner may be given placement on the said post in view of the preference given by the petitioner in his application.

In reply, Sri Pankaj Saxena, learned standing counsel submits that the petitioner has already joined on the post of Principal in Sri Gandhi Post Graduate College, Maltari, Azamgarh on 4th June, 2009, and in the circumstances, the petitioner cannot be granted any relief as sought for in the writ petition.

We have considered the submissions made by the learned Counsel for the parties.

In paragraph No. 10 of the writ petition, it is, inter alia, stated that the petitioner joined on the post of Principal in Sri Gandhi Post Graduate College, Maltari, Azamgarh on 4th June, 2009 as he was pressurized to do so by the Director, Higher Education, U.P., Allahabad (respondent No. 2}.

Whatever may be the reason for the petitioner for joining on the post of Principal in Sri Gandhi Post Graduate College, Maltari, Azamgarh, the fact remains that pursuant to his placement on the post of Principal in the said College, the petitioner joined on 4th June, 2009, and since then, he is working on the post of Principal in the said College.

Therefore, insofar as the petitioner is concerned, the question of placement has ceased to exist as he has accepted the placement on the post of Principal in Sri Gandhi Post Graduate College, Maltari, Azamgarh and joined on the said post on 4th June, 2009. In the circumstances, even if we were to accept the version of the petitioner that post of Principal in D.A.V. Post Graduate College, Azamgarh has fallen vacant, there is no question of giving the placement to the petitioner in the said institution as the question of placement of the petitioner pursuant to his selection no longer subsists. Therefore, no relief as prayed for in the writ petition can be granted to the petitioner.

In view of the above, we are of the opinion that the writ petition lacks merits, and the same is liable to be dismissed.

The writ petition is accordingly dismissed.