Hon’ble Sudhir Agarwal, J.—Heard Shri S.M. Mishra, learned counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1 to 3 and Shri R.N. Yadav for the respondent No. 7.

2. Sri Durga Ji Post Graduate College, Chandesar Azamgarh is a degree college (hereinafter referred to as the ‘College’) affiliated with Veer Bahadur Singh Purvanchal University, Jaunpur. It appears that some complaints were made against the Principal of the College whereupon the Director, Higher Education sent a letter to the management to look into the matter and do the needful. Consequently the Management resolved on 3.9.2004 to suspend Dr.Durga Prasad Dwivedi, Principal of the College in a contemplated inquiry. The Principal represented the matter before the Vice-Chancellor against the order of suspension, who by order dated 19.10.2004 stayed the suspension order dated 3.9.2004, though permitted the management to continue with inquiry. The suspension order was ultimately set aside by the Vice-Chancellor by order dated 16.12.2004. The Management preferred writ petition No. 55955 of 2004 against the aforesaid order of the Vice-Chancellor. The writ petition was disposed of vide judgment dated 3.1.2005 . The order dated 16.12.2004 was quashed. The Court also issued the following directions:

“(i) The respondent No. 5, if he is so aggrieved, may make an appropriate application for inspection of the record before the present petitioner. The petitioner shall examine the application/representation and shall request the District Administration, which has sealed the record, to open the same. We direct the District the respondent No. 5 to have inspection of the relevant record. After inspection of the record, the District administration can seal the record again.

(ii) If the respondent No. 5 makes an appropriate application and furnished a satisfactory explanation to the charges levelled against him and requests the petitioner for recalling the suspension order, the present petition shall pass an appropriate order within one week from the date of receipt of such an application.

(iii) In any case, inquiry should be concluded within two months from today.”

3. In the meantime it appears that treating as if there existed three vacancies of Class IV employees in the College due to retirement of Shri Kapil Deo Pandey, Shri Rama Shankar Chaubey and resignation of Sri Subash Chandra Gond, proceedings were initiated for recruitment against the said vacancies. It appears that the management after placing Dr.Durga Prasad Dwivedi under suspension directed Dr. Phool Chandra Singh to officiate as Principal who made an application on 10.9.2004 before the Regional Higher Education seeking permission to fill up the aforesaid three vacancies. Since the permission which is sought, was granted by order dated 16.9.2004 thereafter the vacancy was advertised on 26.9.2004 and interview was held on 24.10.2004 by Dr. Phool Chandra Singh, the officiating Principal and Shri Kanhaiya Singh, the Manager of the College, wherein they selected the petitioners. It is said that 9 candidates were interviewed for Class IV post on the said date. The documents sent to Regional Higher Education, Varanasi, who by letter dated 25.11.2004 granted approval. Consequently the letter of appointments were issued under the signatures of Dr. Phool Chandra Singh, designated himself as Principal of the College on 26.11.2004.

4. Against the above selection one Vinod Kumar filed writ petition No. 39432 of 2004 before this Court, wherein an interim order was passed on 4.10.2004 to the following effect :

“Learned Standing Counsel has put in appearance on behalf of respondent Nos. 1 to 5 and Shri Ashok Khare, Senior Advocate has put in appearance on behalf of the respondent Nos. 6 and 7.

Issue notice to the respondent No. 8 fixing a date of 3rd November 2004.

Petitioner may take steps for service of notice upon respondent within three days from today.

Respondents are allowed time up 3rd November 2004 to fil