Rajeev Kumar Vs. State of U.P. and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/466875
SubjectService;Constitution
CourtAllahabad High Court
Decided OnMar-06-2002
Case NumberC.M.W.P. No. 27249 of 2001
JudgeM. Katju and ;R. Tiwari, JJ.
Reported in2002(2)AWC1199; (2002)2UPLBEC1113
AppellantRajeev Kumar
RespondentState of U.P. and anr.
Appellant AdvocateAshok Khare and ;Aditya Kumar Singh, Advs.
Respondent AdvocateS.C.
Excerpt:
service - selection - u.p. higher education service commission appointed petitioner as lecturer in agricultural botany in m.p. post graduate college, roorkee, uttaranchal state - appointment refused by uttaranchal state - held, petitioner to be appointed to a degree college in u.p.. - - college, masra, meerut, has issued a certificate of no objection to the petitioner for being recommended and appointed at k.m. katju and r. tiwari, jj.1. heard learned counsel for the parties.2. despite order dated 25.7.2001, no counter-affidavit has been filed.3. the petitioner has been selected by the u. p. higher education service commission for appointment as a lecturer in agricultural botany at raja mahendra pratap post graduate college. narson, roorkee. which is how in uttaranchal state. since the government of uttaranchal has refused to give appointment (vide para 14 to the writ petition) in our opinion, the petitioner should be adjusted in a degree college in u. p.4. it has been stated in paragraph 25 of the writ petition that the management of k.v.p.g. college, masra, meerut, has issued a certificate of no objection to the petitioner for being recommended and appointed at k.v.p.g. college, masra, meerut. hence, we direct that if a vacancy is still existing on the post of lecturer in agricultural botany in k.v.p.g. college, masra, meerut, the petitioner should be given appointment there. if no vacancy in the said college is existing, then appointment should be given to him on the post of lecturer in agricultural botany in some other degree college in u. p.5. with these observation the writ petition is disposed off.
Judgment:

M. Katju and R. Tiwari, JJ.

1. Heard learned counsel for the parties.

2. Despite order dated 25.7.2001, no counter-affidavit has been filed.

3. The petitioner has been selected by the U. P. Higher Education Service Commission for appointment as a Lecturer in Agricultural Botany at Raja Mahendra Pratap Post Graduate College. Narson, Roorkee. which is how in Uttaranchal State. Since the Government of Uttaranchal has refused to give appointment (vide para 14 to the writ petition) in our opinion, the petitioner should be adjusted in a degree college in U. P.

4. It has been stated in paragraph 25 of the writ petition that the management of K.V.P.G. College, Masra, Meerut, has issued a certificate of no objection to the petitioner for being recommended and appointed at K.V.P.G. College, Masra, Meerut. Hence, we direct that if a vacancy is still existing on the post of Lecturer in Agricultural Botany in K.V.P.G. College, Masra, Meerut, the petitioner should be given appointment there. If no vacancy in the said college is existing, then appointment should be given to him on the post of Lecturer in Agricultural Botany in some other degree college in U. P.

5. With these observation the writ petition is disposed off.