High Court of Judicature at Allahabad
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Gauri Shanker Doharey v. State Of Up Thru' Principal Secy Secondary Edu. And Others - WRIT - A No. 40109 of 2005  RD-AH 9104 (8 May 2006)
Hon. Tarun Agarwala,J.
The petitioner is a selected candidate and was recommended for appointment as a Lecture in V.T.A. Inter College, Dibiyapur, District Auraiya. The Committee of Management has declined to issue an appointment letter in favour of the petitioner on the ground that one Laxmi Chand Tripathi has already been promoted on the post in question by an order of the Regional Committee dated 7.11.2001 and that the post in question was never notified by the Committee of Management. Therefore, the question of appointment of a Lecturer in the institution of the Committee of Management, the respondent No.4 does not arise. No counter affidavit has been filed by the Selection Board, respondent No.2, inspite of time being granted. The Standing Counsel appearing for respondent No.1 and 3 has filed a counter affidavit and submitted that the respondent No.5 was promoted by an order of the Regional committee.
In view of the aforesaid admitted position, it is clear, that the Selection Board has committed an error in recommending the name of the petitioner in the institution of respondent no.4. Consequently, the writ petition stands allowed and a mandamus is issued to the Selection Board to recommend the name of the petitioner in an institution where a vacancy exists on the post of Lecturer in Hindi, within one month from the date of receiving of a certified copy of the order in an institution
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