HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 5622 of 2023 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Sri O.P.Srivastava, learned Senior Advocate assisted by Ms. Anupriya Srivastava, learned counsel for the petitioner, Sri Devesh Pathak, learned Additional Chief Standing Counsel for the State and perused the records. Instant writ petition has been filed with the following reliefs:- "i. issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 24.05.2023 and order dated 21.04.2022(contained as Annexure No. 1 & 2 to this Writ Petition), with all consequential benefits. ii. issue a writ, order or direction in the nature of mandamus thereby commanding and directing the Opposite Parties directing the Opposite Party No.2, to allot the petitioner, who is a duly selected candidate at Serial No. 128 in the Select List some other Degree College situated in neighboring districts of District-Lucknow in the order of preference as per the option submitted by the petitioner in form-2 appended with the interview call letter more preferably in the Bappa Sri Narain Vocational Post Graduate College(KKV), Lucknow wherein the post of Principal is substantively vacant w.e.f. 23.01.2023." Contention of learned counsel for the petitioner is that the representation of the petitioner has been rejected by the Director, Higher Education on wrong premises. He added that in the matter of the identically situated employee namely, Dr. Ram Asare Singh, the Versus Counsel for Petitioner(s) : Praveen Kumar, Abhinav Trivedi, Anupriya Srivastava, Kaushlendra Yadav, Rajendra Singh Counsel for Respondent(s) : C.S.C. Prof. (Dr.) Deepak Kumar Srivastava .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Higher Education And 3 Others .....Respondent(s) Judgment and order was passed on 23-01-2025 in Writ A No. 20475 of 2024 and the petitioner is seeking the same relief. On the other hand, learned counsel for the State has pointed out that there is a slight difference in the case of the present petitioner as well in the case of Dr. Ram Asare Singh as he was appointed against a substantive vacancy and therefore, the case of the present petitioner is different than the case of Dr. Ram Asare Singh. The aforesaid contention has been refuted by the learned counsel for the petitioner. In view of the aforesaid, the impugned order dated 24-05-2023 is hereby quashed. The writ petition is disposed of with an observation that the claim of the petitioner be considered as fresh, in light of the case of Dr. Ram Asare Singh(Writ A No. 20475 of 2024), if the case of the present petitioner is identical to the case of the same. This issue will be dealt with and decided by the authority concerned, mainly on the premises that whether the case of the present petitioner is identical to the case of Dr. Ram Asare Singh and a decision shall be taken by the authority concerned with a period of two months from the date a representation is made by the petitioner. Consequences shall be followed. October 15, 2025 AKS WRIA No. 5622 of 2023 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench