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Allahabad High Court · body

2010 DIGILAW 188 (ALL)

Lal Babu Chaudhary v. State Of U. P.

2010-01-13

SHISHIR KUMAR

body2010
JUDGMENT Hon'ble Shishir Kumar,J. Heard Sri C.B. Yadav, learned Senior Advocate assisted by Sri Nisheeth Yadav and Sri S.R. Singh appearing for respondents no. 2 and 3 and the learned Standing Counsel. 2. The grievance raised by the petitioner in the present writ petition is that the petitioner on the basis of advertisement No. 1/2006 issued by the Commission appeared in the interview and was selected at Sl. No.1 of the General Candidate and was directed initially to be placed at Janata Inter College, Ajitmal, Auraiya on the basis of the aforesaid selection . The District Inspector of Schools vide its letter dated 18/19.6.2009 has directed the Manager / Principal of the institution to permit the petitioner to join on the said post of Lecturer (Sociology), petitioner reported the institution but he was not permitted to join on the ground that one Suman Dixit working on adhoc basis on the post of Lecturer (Sociology) has obtained an interim order by filing a Writ Petiton No. 7250 of 2008 in which the interim order has been granted to this effect "Until further orders, the effect and operation of the impugned order dated 18.1.2008 shall remain stayed". 3. In pursuance of the aforesaid order now the petitioner is running from pillar to post to permit him to join on the post of lecturer but the Management as well as the Principal of the institution has shown their inability to permit the petitioner to join. The petitioner requested the Secretary, respondent no.2 to allocate some other institution and to permit the petitioner to join. To that effect the petitioner has already submitted a representation to the Board respondent no.2 dated 22.7.2009 and subsequently a reminder to that effect dated 1.12.2009, Annexures 10 and 11 to the writ petiton but no orders have been passed and the effect of the inaction of the respondents is that the petitioner in spite of the selection on the post of lecturer has not been permitted to join in any institution. 4. In such a situation the writ petition is disposed of finally directing respondent no.3 to consider the representation of the petitioner for change of the institution in the facts and circumstances of the case that in spite of his best effort, he is not being permitted to join the institution where he has been selected. 4. In such a situation the writ petition is disposed of finally directing respondent no.3 to consider the representation of the petitioner for change of the institution in the facts and circumstances of the case that in spite of his best effort, he is not being permitted to join the institution where he has been selected. Therefore, it is an obligation on respondent no.3 to see that the selected candidates are permitted to join in an institution where there is a vacancy. A specific order by giving reasons will be passed by the Secretary, respodnent no.3 within six weeks from the date of production of certified copy of this order before him. 5. The writ petition is disposed of accordingly. 6. No order is passed as to costs.