JUDGMENT S.K. Dhaon and D.S. Sinha, JJ. - The principal relief claimed in that the U. P. Higher Education Services Commission, Allahabad may be restrained from selecting a candidate for being appointed as Lecturer in Zoology in Kisan Degree College, Simbhoali, Ghaziabad. 2. The Commission issued an advertisement inviting applications to fill up the post of a Lecturer in Zoology in Kisan Degree College, Simbhoali, Ghaziabad on 24th January, 1989. The Principal of the College sent a communication to the Commission stating therein that the advertisement has been issued by the Commission due to in advertence. In fact, the petitioner had been appointed as a Lecturer under Section 31(3)(b) of the U. P. State Universities Act, 1973. A similar representation was also made by the Manager, Kisan Degree College, Simbhoali, Ghaziabad on 16th February, 1989 to the Commission. These representations, it appears, are still pending before the Commission may make an appointment on the post of the Lecturer without considering these representations. 3. We have heard Sri Pradeep Bagbel in opposition of this petition and we are not inclined to call for a counter-affidavit. We, therefore, proceed to dispose of this petition finally. 4. The Commission shall not select and recommend any Lecturer in Zoology in Kisan Degree College, Simbhoali Ghaziabad: to fill up the vacancy, which is being held by the petitioner, till the representations made by the Principal and the Manager, Kisan Degree College, Simbhoali, Gaziabad are disposed of. 5. We, however, make it clear that it will be open to the Commission to examine the question as to whether the petitioner had been legally appointed as a Lecturer in Zoology in Kisan Degree College, Simbhoali, Ghaziabad, in accordance with Section 31(3)(b) of the U. P. State Universities Act, 1973. 6. Let a copy of this order may be given to the learned counsel for the petitioner on payment of usual charges within a week.