Bhagirathi Prasad vs U.P.Secondary Education Service Selection Board,Allahabad and Another

Vineet Saran, J.—By means of this writ petition, the petitioner has prayed for a direction to the respondent No. 1 to declare the result of the petitioner for the post of Principal held in pursuance to Advertisement No. 1 of 2002 for which he had applied.

Heard Sri M.R. Khan for the petitioner, S/Sri R.P. Dubey and Anil Kumar for respondent No. 1 Board and learned Standing Counsel for State of U.P.

It is the case of the petitioner that in pursuance of the aforesaid advertisement he had applied for appointment on the post of Principal of Adarsh Ram Chandra Inter College, Chor Deeha, District Deoria and although the interview has been held in the month of July, 2002 and more than six months have passed, the result has not yet been declared. Learned Counsel appearing for respondent No. 1 Board, was granted time on 722003 to seek instructions and on enquiry he has been informed that the result is not being declared because of the interim order passed in Writ Petition No. 18792 of 2002 filed by the officiating Principal of the College which reads as follows :

�In view of the submission as has been made, it is hereby directed that in the meantime status quo with regard to the service of the writ petition, as on today shall be maintained.�

It has been submitted by the learned Counsel for the petitioner that the process of selection or the declaration of the result has not been stayed by this Court in the aforesaid writ petition. Learned Counsel for the petitioner has submitted that solely on the basis of the aforesaid interim order where direction has been issued only to maintain statusquo with regard to service of the petitioner therein (who is the officiating Principal), there is no bar in declaring the result as the selection process or declaration of result has not been stayed.

Having heard learned Counsel for the parties, I find that since the interview has already been held and there is no interim order staying the declaration of the results, the same ought to be declared.

It is, thus directed that the respondent No. 1, U.P. Secondary Education Service Selection Board, Allahabad shall declare the result pertaining to Principal of Adarsh Ram Chandra Inter College, Chor Deeha, District Deoria within three weeks from the date of production of a certified copy of this order.

In the result, the writ petition is allowed. However, there shall be no order as to costs.

Sri R.P. Dubey and Sri Anil Kumar, learned Counsel for representing No. 1 Selection Board have submitted that there are a large number of writ petitions in which such interim orders have been issued to maintain status quo with regard to service of ad hoc Principal and because of that all results of such colleges are not being declared by the Selection Board. If such is the situation and the declaration of the result is being held up solely because of such interim orders passed, the Board ought to take the decision in the light of the observations made above and declare the results.

A certified copy of this order shall be given to the learned Counsel for the parties within three days on payment of usual charges.