Judgment Challenging his non-selection for appointment on the post of Athithi Vidwan (Guest Lecturer) in the subject of English, petitioner has filed this writ petition. Petitioner was a candidate, who submitted an application in accordance to the policies and circulars issued by the State Government as contained in Annexure P/1 dated 22.2.2012. As already indicated by this Court in Writ Petition No.16372/2012 petitioner was give preference of 10 colleges and according to him, he gave first preference to Government Adarsh Science College, Rewa, where two posts were notified. The petitioner gave second preference to Government Thakur Ranmat Singh College, Rewa, where also two posts were notified. As per the merit list prepared, available at page 31 of Annexure P/15, petitioner secured 43.3750 marks and was allotted the second vacancy available in Government Adarsh Science College, Rewa, the first vacancy having gone to one Rachna Pandey, who had received 46.500 marks. It seems that the number of vacancies notified in Government Adarsh Science College, Rewa as ‘two’ was a mistake committed, there was only ‘one’ vacancy and, therefore, against the said vacancy Rachna Pandey, who was more meritorious than the petitioner was appointed. These facts are evident from the averments made and considered by this Court in Writ Petition No.16372/2012. However, now the grievance of the petitioner is that respondent No.6 Neelkanth Dwivedi, who had applied for appointment to Government Thakur Ranmat Singh College, Rewa, had received 32.3750 marks and he was appointed to the said College even though he was less meritorious than the petitioner. In the writ petition, an averment is made that Neelkanth Dwivedi had joined on the post but after service of notice of this writ petition, he is not reporting for duties and he is not working. Be it as it may be, the fact that like in Writ Petition No.16372/2012, which pertains to the subject of Zoology, in the present case, the appointment pertains to the subject of English and the grievance of the petitioner is that even though he has given second preference to Government Thakur Ranmat Singh College, Rewa, a less meritorious candidate respondent No.6 Neelkanth Dwivedi has been appointed, and in the second round of counseling also petitioner’s case is not considered.
Respondents in the return have submitted that initially a mistake was committed and, therefore, petitioner could not be appointed, as only one post is available and a more meritorious candidate Rachna Pandey has been appointed in Government Adarsh Science College, Rewa. As far as the second list is concerned, it is stated that Government has withdrawn publication of the second list and the appointment cannot be made now. From the facts that have come on record and taking note of the order already passed in Writ Petition No.16372/2012, respondents are directed to consider the candidature of the petitioner and grant him appointment in any vacancy available as per his merit and the preference given, and take a decision within a period of 30 days from the date of receipt of certified copy of this order, after following the procedure as already ordered by this Court in Writ Petition No.16372/2012. However, in case of the petitioner, if respondent No.6 Neelkanth Dwivedi has not joined and the post at Government Thakur Ranmat Singh College, Rewa is still available, the said post be granted to the petitioner. With the aforesaid, the petition stands allowed and disposed of. Certified copy as per rules.