The Director's authority to place candidates under the repealed U.P. Higher Education Services Commission Act, 1980, ceased with the enactment of the U.P. Education Service Selection Commission Act, 2023.

JUDGMENT :

(Per: Ashwani Kumar Mishra, J.)

1. This appeal arises out of an order dated 17.02.2025 passed by learned Single Judge in Writ-A No. 15433 of 2024, whereby, the placement of the appellant pursuant to order of Director dated 15.01.2024 in Meerut College, Meerut, has been set aside.

2. The undisputed facts of the case as are noticed by learned Single Judge are that the Uttar Pradesh Higher Education Services Commission (hereinafter referred to as "Commission") issued Advertisement No. 49 of 2019 inviting applications for appointment to 219 posts of Principal in aided Post-Graduate Colleges in the State of Uttar Pradesh. This advertisement included the post of Principal in Meerut College, Meerut. The appellant participated in the selection proceedings and was ultimately placed in the waiting list. It transpires that one Dr. Sachchidanand Sharma was placed as Principal in Meerut College, Meerut. He joined pursuant to his placement and worked in the college for nearly 1 and 1/2 year, whereafter, he left. The post of principal in Meerut College, Meerut, has, thereafter, fallen vacant.

3. The records reveal that the appellant though was initially placed in the waiting list but he secured appointment on account of vacancies which were found to have existed in the recruitment exercise and was placed at Bajrang Post-Graduate College, Ballia. The placement order of appellant at Bajrang Post-Graduate College, Ballia, dated 03.08.2022 is on record of this paper book at page 100. It is undisputed that the appellant never joined at Bajrang Post-Graduate College, Ballia and the parties are at issue with regard to reason on account of which he had not joined. The appellant states that he was not issued appointment letter by the Committee of Management. The other version is that the appellant never appeared before the Managing Committee for joining. There are also communications on records to show that the appellant had expressed personal difficulties as being the reason on account of which he made request for his placement in any other college. It is on account of such request made by the appellant that the Director passed the order dated 15.01.2024 placing the appellant at Meerut College, Meerut. It is against this order of the Director dated 15.01.2024 that the writ petition came to be filed by the officiating principal of the college questioning the placement order of the respondent dated 15.01.2024.

4. Learned Single Judge has taken note of the facts of the case and has come to the conclusion that the respondent Dr. Anjali Mittal was given charge of the office of Principal after Dr. Sachchidanand Sharma resigned from the post of principal and that she was entitled to continue being the senior most teacher in the college. Learned Single Judge has also opined that by the time order was passed by the Director allocating Bajrang Post-Graduate College, Ballia, to the appellant, the process of appointment had come to an end and it was not open for the Director to have passed the impugned placement order.

5. When the matter was heard on the last occasion, an issue was raised as to whether there was any default on the part of the appellant in joining at Bajrang Post-Graduate College, Ballia or was it due to default of the Managing Committee in not issuing him appointment that he could not join. In order to resolve the controversy, we directed the concerned Director to examine the records and file his personal affidavit. An affidavit has been filed by the Director stating as under in paragraph nos. 6 and 7:

"6. That as per the information provided by the Principal Shri Bajrang Post Gradua