I have heard learned counsel appearing for the petitioner, the respondent nos. 2 to 5 and have perused the records of this case.

2. Through this writ application the petitioner seeks quashing of memo no. 162/Estab/09 dated 15.6.2009, as contained in Annexure 6, by which the respondent no. 5, Dr. Lalit Sagar has been communicated that he has been appointed as Principal under Veer Kunwar Singh University, Ara and has been posted at Jag Jivan College, Ara and further for direction to the University concerned to appoint the petitioner on the post of Principal.

3. It is contended on behalf of the petitioner that private respondent, though having less marks than the petitioner and was placed below the petitioner in the selection list, has been appointed on the vacancy caused due to non joining of Dr. Satish Singh Chandra, who was appointed on the 7th vacancy under General Category.

4. Short facts which should be necessary for consideration of this case stand narrated as under:

The Veer Kunwar Singh University had published advertisement inviting the candidates for appointment on 13 posts of Principal in different constituent colleges of the University vide Annexure 1 dated 11.9.2008. Seven posts were to be filled up from General Category, two posts were reserved for Most Backward Caste, two posts were reserved for Other Backward Caste and two posts were reserved for Scheduled Caste. The petitioner duly applied for his appointment under General Category and was called for interview on 9.6.2009. The selection list was prepared on the basis of marks obtained by the candidates. The chart as appended as Annexure 3 shows that the petitioner received 79.7 grand total marks in comparison to private respondent who was given 77.6 marks. Accordingly, a panel was prepared which is reflected from Annexure 4. In the panel the petitioner was placed at sl. No. 9 in General Category whereas the private respondent was placed at sl. No. 3 in the category reserved for Backward Caste. Dr. Satish Singh Chandra was placed at sl. No. 7 in the General Category whereas one Dr. Anil Kumar Singh was placed at sl. No. 8 in the General Category as well as sl. No. 1 in the Backward Category. Thereafter, vide notification as contained in Annexure 5 dated 12.6.2009 appointment was offered to the persons mentioned therein on the post of Principal in the services of Veer Kunwar Singh University, Ara and they were required to join on the posts reflected against their names. From the list it appears that about 13 persons were appointed. The list does not include either the petitioner or the respondent no. 5 in view of the fact that the petitioner was at sl. No. 9 in the General Category list whereas respondent no. 5 was at sl. No. 3 in the Backward Caste category and vacancy available in the Backward Caste Category was only two.

5. It appears from Annexure 5 that appointed persons were directed to submit their joining by 18th June, 2009. The person at sl. No. 8 of the General List and Sl. No. 1 in the Backward Caste Category, viz. Dr. Anil Kumar Singh joined on 13.6.2009 which would be apparent from Annexure 7 which is a provisional pay fixation order of Principals appointed vide Annexure 5. However, the selected person who was placed at sl. No. 7 in the General Category, viz., Dr. Satish Singh Chandra filed an application which is contained as Annexure 10 to the reply filed on behalf of the petitioner to the counter affidavit of the respondent University. He had informed the Vice Chancellor that in view of his selection on the post of Principal, Magadh University, Bodh-Gaya, he would not joined as Principal in Veer Kunwar Singh University, Ara. Thereafter, impugned notification dated 15.6.2009 as contained in Annexure 6 was issued under the orders of the Vice Chancellor appointing Dr. Lalit Sagar, i.e., respondent no. 5 in place of Dr. Satish Singh Chandra.

6. Mr. Basant Kumar Choudhary, learned senior counsel appearing for the petitioner has submitted th