The Officiating Principal has the right to challenge the appointment of a regularly selected candidate, and appointments made contrary to statutory provisions are invalid.

JUDGMENT :

Prakash Padia, J.

1. The present writ petition has been filed by the petitioner with the following reliefs:

"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned letter/order dated 15.1.2024 (Annexure- 1) passed by the respondent No.2):

(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the working of the petitioner as Officiating Principal of the Meerut College Meerut till the regular appointment is made by the Commission;"

(iii) to issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(iv)to award costs of this petition to the petitioner.

(v) to issue an appropriate writ, order or direction quashing the impugned joining letter dated 3.10.2024 passed by the Secretary, Meerut College, Meerut."

2. The facts as stated in the writ petition are that Uttar Pradesh Higher Education Services Commission (hereinafter referred to as 'Commission') issued Advertisement No. 49 of 2019, inviting applications for appointment of 219 posts of Principal in aided Post-Graduate Colleges in State of Uttar Pradesh, including the post of Principal in Meerut College, Meerut. The Commission completed selection process and issued list of 219 selected candidates along with waiting list of 73 candidates. The said list was published on 5.10.2021.

3. One Dr. Sachidanand Sharma was selected by the Commission for appointment at Meerut College, Meerut and on the basis of the recommendation of the Commission, Dr. Sachidanand Sharma was given appointment as Principal of the institution by appointment letter dated 23.10.2021.

4. Dr. Sachidanand Sharma joined the institution and thereafter he submitted his resignation on 28.5.2023. His resignation was accepted by the Committee of Management by its resolution dated 8.6.2023 and accordingly by letter dated 9.6.2023, Dr. Sachidanand Sharma was relieved from the post of Principal of the institution.

5. After relieving Dr. Sachidanand Sharma, one Dr. Anjali Mittal, who was the senior most teacher in the institution, was appointed as Officiating Principal of the institution. Dr. Anjali Mittal on attaining the age of superannuation has also retired on 30.6.2024 and the post of Principal again fall vacant in the institution.

6. After resignation of Dr. Sachidanand Sharma, Director of Higher Education, U.P. Prayagraj issued an order dated 15.1.2024, appointed Dr. Manoj Kumar Rawat, respondent no. 6, who was placed at sl. No. 59 in the waiting list, published on 5.10.2021, as Principal of the institution.

7. Dr. Anjali Mittal, who was working as Officiating Principal of the institution moved representation dated 29.1.2024 before the respondent no. 3, namely, Committee of Management of the institution, objecting the order of Director and praying with the Committee of Management for not issuing any letter of appointment in favour of the respondent no. 6.

8. It is further stated in the writ petition that the petitioner being senior most teacher in the institution in question, has been appointed as Officiating Principal of the institution by an order dated 14.6.2024.

9. It is further stated in the writ petition that the respondent no. 6 was earlier appointed as Principal of Bajrang P.G. College, Dadar Ashram, Ballia by order dated 3.8.2022. The said order of appointment of respondent no. 6 has been annexed as annexure-9 to the writ petition.

10. It is argued by the learned counsel for the petitioner that once a candidate in the waiting list has been offer