Advocates:
['S B SINGH', 'C S C', '', 'ARVIND K PANDEY']

Chief Justice's Court

Serial No. 26

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

***

SPECIAL APPEAL DEFECTIVE No. - 718 of 2021

(Arising out of Writ -A No. 9776 of 2021)

Pronounced on: February 02, 2022

Mashkoor Hasan

...Appellant

Through:- Mr. R.K. Ojha, Senior Advocate assisted by Mr.

S.B. Singh, Advocate

v/s

State of U.P. and others

…Respondents

Through:- Mr. A.K. Roy, Additional Chief Standing

Counsel for respondent Nos. 1 to 3 and Mr.

Arvind Kumar Pandey, Advocate for

respondent No.7

CORAM: HON'BLE RAJESH BINDAL, CHIEF JUSTICE

HON'BLE PIYUSH AGRAWAL, JUDGE

ORDER

RAJESH BINDAL, C.J.

1.

The present intra-court appeal has been filed impugning

the interim order dated August 11, 2021 passed by learned Single

Judge of this Court in a writ petition filed by respondent No.7.

2.

Mr. Arvind Kumar Pandey, learned counsel appearing for

respondent No.7 raised a preliminary objection regarding

maintainability of the present appeal against the interim order passed

by learned Single Judge. In support of his arguments, he relied upon a

Division Bench judgment of this Court in Special Appeal No. 1115 of

2019 (Har Nath Singh Vs. State of U.P. and others), dated November

1, 2019.

2 SPLAD - 718 of 2021

3.

Mr. Radha Kant Ojha, learned Senior Counsel appearing

for the appellant submitted that an advertisement was issued for

selection and appointment to the post of Principal in various

institutions including Rani Avanti Bai Inter College, Marhara, District

Etah (hereinafter referred to as the ‘College’) in the year 2002. Select

list was notified on September 29, 2003. So far as the select list of the

College is concerned, Dr. Dinesh Vashishth was at Sr. No.1 whereas

Sudhir Kumar Gupta was at Sr. No. 2 and the appellant was at Sr. No.

3 in the merit list.

4.

A writ petition was filed by Sudhir Kumar Gupta, the

candidate at Sr. No.2 in the merit list, with reference to the said

selection and appointment, bearing Writ-A No. 45747 of 2008 (Sudhir

Kumar Gupta Vs. State of U.P. and others). In the said writ petition,

vide order dated September 3, 2008, operation of the orders impugned

therein dated July 31, 2008 and August 12, 2008, was stayed. The said

order was challenged by Dr. Dinesh Vashishth by filing Special

Appeal No. 1282 of 2008 (Dr. Dinesh Vashishth Vs. State of U.P. and

others), which was allowed on September 25, 2008. While setting

aside the order dated September 3, 2008 passed by learned Single

Judge, a request was made to the learned Single Judge for deciding

the writ petition expeditiously. The aforesaid writ petition is stated to

be still pending.

5.

The learned Senior Counsel further submitted that Dr.

Dinesh Vashishth, who was at Sr. No. 1 in the merit list has since

retired after attaining the age of superannuation, he is no more a

candidate. The candidate at Sr. No. 2 in the merit list namely, Sudhir

Kumar Gupta has also left service and hence no more interested to be

appointed as Principal of the College. Hence, the appellant was the

only candidate available from the select list for being offered

appointment as Principal of the College. As his claim was not being

3 SPLAD - 718 of 2021

considered, he filed Writ-A No. 8770 of 2020 before this Court. The

said writ petition was disposed of on November 11, 2020 with a

direction to the Joint Director of Education, Aligarh Region, Aligarh

to consider and decide the representation filed by the appellant.

Pursuant to the aforesaid order, the claim of the appellant was

considered and vide order dated June 26, 2021, a direction was issued

for appointment of the appellant as Principal of the College. As far as

competence of the Joint Director of Education to direct for

appointment of the appellant as Principal is concerned, reference was

made