IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 254 of 2005 (S/B) Dr. Yashvir Singh S/o Sri Jang Jit Singh, Assistant Professor, Department of Electronics and Electrical Engineering, G.B. Pant Engineering College, Pauri Garhwal (UA)- 246 001. ……… Petitioner Versus 1. State of Uttarakhand, through Secretary, Technical Education, Secretariat, Govt. of Uttarakhand, Dehradun. 2. G.B. Pant Engineering College, Pauri Garhwal (UA)- 246 001, Through its Registrar. 3. Dr. M.L. Dewal, Principal, G.B. Pant Engineering College, Pauri Garhwal (UA)- 246 001. 4. Vice President, Administrative Council, G.B. Pant Engineering College, Pauri Garhwal. ……… Respondents Mr. L.P. Naithani, Advocate General with Mr. Ashish Joshi, Brief Holder for respondent No. 1 State. Mr. V.K. Bist, Senior Counsel with Mr. Arvind Vashishth, Advocate for the petitioner. Mr. Subhash Upadhyaya, Advocate for respondents Nos. 2, 3 & 4. JUDGMENT Coram: Hon’ble Rajeev Gupta, C.J. Hon’ble J.C.S. Rawat, J. RAJEEV GUPTA, C.J. (Oral) Mr. L.P. Naithani, Advocate General with Mr. Ashish Joshi, Brief Holder for respondent No. 1 State. Mr. V.K. Bist, Senior Counsel with Mr. Arvind Vashishth, Advocate for the petitioner. Mr. Subhash Upadhyaya, Advocate for respondents Nos. 2, 3 & 4. They are heard. 2. Petitioner Dr. Yashvir Singh has filed this writ petition for the following reliefs: “(i) a writ, order or direction in the nature of quashing the appointment order dated 22.9.2004 of Respondent No. 3 as officiating Principal as well as the order of his extension dated 22.7.2005 for two years which will be effected from 15.10.2005 (contained in Annexure No. 4 & 10 respectively). (ii) a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to act as Officiating Principal as he is senior to Respondent No. 3 and also senior most faculty member in the college. (iii) a writ order or direction further in the nature of mandamus directing the respondent No. 1 and 2 to take necessary steps for conducting the fresh selection for the post of Principal. (iv) any other suitable writ, order or direction which this Hon’ble court may deem fit and proper in the circumstances of the case. (v) award the cost of petition to the petitioner.” 3. Mr. L.P. Naithani, the learned Advocate General submits that the writ petition filed by the petitioner seeking quashing of the appointment order of respondent No. 3 Dr. M.L. Dewal as Officiating Principal / Principal of G.B. Pant Engineering College, Pauri Garhwal has, now, become infructuous, as respondent No. 3 Dr. M.L. Dewal has been removed from the post of Officiating Principal / Principal of G.B. Pant Engineering College during the pendency of the writ petition. The learned Advocate General further pointed out that Advertisement, inviting applications for the post of Principal of G.B. Pant Engineering College, was published on 22.09.2007 and the selection of the Principal is under process and, till the selection of a new Principal is finalised, the charge of Principal has been entrusted to District Magistrate, Pauri Garhwal and, as such, no person is required to be appointed as Officiating Principal in the College. 4. In this view of the matter, the writ petition is dismissed as infructuous. (J.C.S. Rawat, J.) (Rajeev Gupta, C.J.) 04.01.2008 04.01.2008 G