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 1