The main legal point established in the judgment is the requirement for a logical and reasonable method for the placement of candidates selected by the Commission, with due regard to the candidates' order of preference.

( 1 ) THIS writ petition and connected Writ Petition No. 23044 of 2000 and Writ Petition No. 35822 of 2001 are being disposed off by a common judgment.

( 2 ) THE controversy in this case has arisen in a large number of similar cases, and is also likely to arise in a large number of cases in future also. Hence, we are giving this detailed judgment so that the present controversy as well as other controversies of similar nature may be set at rest.

( 3 ) WE are concerned with the placement of teachers selected under the U. P. Higher Education service Commission Act, 1980 (hereinafter referred to as the Act) in degree and postgraduate colleges in U. P. The procedure of appointment of the teachers is given in Section 12 of the said act. Under the Act, appointments of teachers, which would include Principals vide Section 2 (g)of the Act read with Section 2 (18) of the U. P. State Universities Act, involves two stages. In the first stage, selection is done by the U. P. Higher Education Service Commission. Thereafter, in the second stage, placement in a particular college is done by the Director of Higher Education, u. P.

( 4 ) THE controversy which has arisen in these cases and which arises often in similar other cases, and which we propose to resolve in this case is about the manner of placement of candidates who have been selected by the Commission.

( 5 ) IN this connection Section 13 of the Act states as follows :

"13. Recommendation of Commission.-- (1) The Commission shall, as soon as possible, after the notification of vacancies to it under Sub-section (3) of Section 12, hold interview (with or without written examination) of the candidates and send to the Director a list recommending such number of names of candidates found most suitable in each subject as may be so far as practicable, twenty-five per cent more than the number of vacancies in that subject. Such names shall be arranged in order of merit shown in the interview, or in the examination and interview if an examination is held. (2) The list sent by the Commission shall be valid till the receipt of a new list from the commission. (3) The Director shall having due regard in the prescribed manner, to the order of preference if any indicated by the candidates under the second proviso to Subsection (4) of Section 12, intimate to the management the name of a candidate from the list referred to in Sub-section (1)for being appointed in the vacancy intimated under Sub-section (2) of Section 12. (4) Where a vacancy occurs due to death, resignation or otherwise during the period of validity of the list referred to in Sub-section (2), and such vacancy has not been notified to the commission under Sub-section (3) of Section 12 the Director may intimate to the management the name of a candidate from such list for appointment in such vacancy. (5) Notwithstanding anything in the preceding provisions, whereto abolition of any post of teacher in any college, services of the person substantively appointed to such post is terminated the State Government may make suitable order for his appointment in suitable vacancy whether notified under Subsection (3) of Section 12 or not, in any other college, and thereupon the director shall intimate to the Management accordingly. (6) The Director shall send a copy of the intimation made under Sub-section (3) or Sub-section (4) or Sub-section (5) to the candidate concerned. "

( 6 ) REGULATION 5 of the U. P. Higher Education Service Commission (Procedure for Selection of teachers) Regulations, 1983, states as follows :

"5. Notification of vacancies, submission of application and indication of preference.--The commission shall advertise the vacancies in the three issues of at least three newspapers. The commission shall send a copy of the advertisement to the Director and may, if it considers proper, also send a copy thereof to the District Inspector of Schools and to the colleges. Such advertisement shall, inter alia, indicate the total num