Hon’ble V.K. Shukla, J.—Praveen Chanchal has rushed to this Court requesting therein to issue writ in the nature of mandamus commanding respondent No. 2 to appoint the petitioner in any another college in district Aligarh or Gautam Budh Nagar where the vacancy exists in the stipulated time.

2. Brief background of the case as has been mentioned in the writ petition is that the applications were invited for the selection of Trained Graduate Teacher in Inter College by Secondary Education Selection Board, U.P. at Allahabad, namely The Advertisement No. 1-1/2010 for Trained Graduate Teacher and 2-2/2010 for teachers in Inter Colleges. The petitioner filed up application form for being appointed as Science Teacher, TGT grade Science Teacher. Number of post, as such for general candidate was 195 posts, for backward class 131 posts and for S.C. 212 posts respectively, in this way total 538 posts were there for Science Teachers. The petitioner was called for written examination and roll number allotted to him was 010500813. The petitioner qualified in written examination in the year 2010 and he was called for interview on 25.7.2011 before the Selection Committee. The petitioner got final selection against the post the Science (SC) candidate and Adarsh Inter College Jog Mushahiba, Ghazipur was allotted by the Selection Committee in the list of 11.6.2012 published by the Secondary Education Service Selection Board at Allahabad at serial No. 212 of the selection list.

3. After the selection, the petitioner approached the Manager of institution of Adarsh Itner College, Joga, Mushhiba, Ghazipur for his appointment where he was intimated there was no vacancy available for his appointment and he was further told that the post of teacher of science has already filled been up by one Sri Keshav Prakash son of Moti Lal R/o Village Jakhand Kala, Post Officer Fathbad, District Agra and there is no vacant place for Science Teacher. Petitioner thereafter for his appointment has given his representation to the Secretary, Secondary Education Service Selection Board at Allahabad, intimating that there was no post of Science Teacher (SC) in Adarsh Inter College Joga, Mushahiba, Ghazipur available and the District Inspector of Schools, Ghazipur too had sent letter dated 4.4.2012 to the Secretary, Secondary Education Service Selection Board at Allahabad to adjust petitioner in any other institution so that appointment of the petitioner may be done. The petitioner has given detailed representation to the Secretary, Secondary Education Service Selection Board at Allahabad to appoint him soon in any institution so that the justice may be done to him. The petitioner has filed another representation to Secretary, Secondary Education Service Selection Board at Allahabad vide its representation dated 17.7.2012. On there being complete inaction at this juncture petitioner has rushed to this Court with the request as has already been quoted above.

4. Sri Ajoy Kumar Banerjee, learned counsel for the petitioner has contended that inspite of the fact that he has been duly selected by the Selection Board, impossible situation has been created by not ensuring his joining and accordingly directives be issued to appoint the petitioner in some other institution to remedy the situation, as has so arisen, in the facts of present case.

5. Countering the said submission, learned Standing counsel as well as Sri Raghuveer Singh, Advocate submitted that requisite exercise shall be undertaken.

6. In the State of Uttar Pradesh, Uttar Pradesh Secondary Education Services Commission and Selection Boards has been established for selection of teachers in the institution recognised under U.P. Act No. II of 1921. Earlier the appointment of teachers in secondary institution, recognised by Board of High School and Intermediate Education was governed by U.P. Act No. II of 1921 and the Regulation framed thereunder. It was felt that the selection of teachers under the said provision