IMPORTANT POINT
Post of principals being a single post in the cadre is not amenable to any reservation.

Headnote:(a) Uttar Pradesh Higher Education Services Commission (Procedure for Selection of Teachers) Regulations, 1983 – The Act, the Rules and the Regulations do not indicate that by a fiction of law these create a cadre of principals either for the purpose of applying reservation or otherwise – Object of these legislation was limited to ensuring a combined process of selection that would save time and expense involved in such selections if the same are made individually for each college – It also intended to remove the element of arbitrariness and other malpractices that were noticed in the making of such selections and appointments by the institutions if left to themselves. (Para 31)
        (b) Education law – Cadre – Mere requirement of the management communicating the vacancies to the Director Higher Education or necessity of appointing a selected candidate or Director’s control in the matter does not create a cadre. (Paras 32 and 33)
        (c) Education law – Cadre – State’s financial aid to the affiliated colleges does not have any relevance to the question whether the posts of Principals in different colleges under different managements constitute a cadre. (Para 34)
        (d) U.P. Higher Education Services Act, 1980 – Section 14 – Requirement of appointing the candidates selected by the Commission and intimated by the Director Higher Education does not make them employees of the State Government. (Para 35)
        (e) Uttar Pradesh Higher Education Aided Colleges Transfer of Teachers Rules, 2005 – Rule 4 – Interchangeability of the post and transferability of incumbents to another post in the same cadre are essential attributes of a cadre – This being absent, the post of principles in aided colleges do not constitute a cadre. (Paras 36 and 39)
        (f) Service Law – Reservation – Post of principal is solitary in an institution – Being single post, its reservation is not permissible. (Para 39)
        (2008) 12 SCC 1; (1988) 2 SCC 214; (1998) 4 SCC 1 – Relied upon
        (g) U.P. Secondary Education Services Commission and Selection Boards Act, 1982 – Section 10 r/w Section 12, 1982 Act – Exclusion of the Principal’s post from determination of reservation of posts under the 1982 Act cannot, be overemphasized in the absence of a provision requiring a determination of the reserved vacancies under Section 12 of the 1980 Act. (Para 42)
        (2008) 12 SCC 1 – Relied upon
        (h) Service Law – Reservation – Separate posts in different institutions cannot be clubbed together for the purpose of reservation and that reservations may be made only where there are more than one posts – Post of principals in each one of the aided/affiliated institution being a single post in the cadre is not amenable to any reservation. (Paras 46 and 48)
        (1988) 2 SCC 214; 1992 Supp. (3) SCC 217; (1974) 1 SCC 87; AIR 1963 SC 649; AIR 1964 SC 179; 1993 Supp (3) SCC 527; (1998) 4 SCC 1 –Relied upon
        (1997) 2 SCC 332; (1997) 4 SCC 278; 1995 Supp (1) SCC 432 – Referred
       Facts of the case:
        These appeals relate to appointment of principals in Govt. aided/ affiliated colleges.
       Finding of the Court:
        Post of principals in each one of the aided/affiliated institution being a single post in the cadre is not amenable to any reservation.

JUDGMENT

T.S. Thakur, J. —

1. Leave granted.

2. These appeals arise out of a judgment and order dated 7th August 2008 passed by the High Court of Allahabad whereby the High Court has allowed the writ petitions filed by the selected candidates, quashed the orders under challenge in the same and by a mandamus directed the Director, Higher Education to give effect to the recommendations made by the U.P. Higher Education Service Commission for appointment to the post of Principals in aided/affiliated Degree and Post-Graduate colleges. The High Court has further directed issue of placement orders in favour of the selected candidates without any delay. The facts giving rise to the filing of the petitions may be summarized as under:

3. The Government of U.P. has established what is known as ‘Uttar Pradesh Higher Education Services Commission’ in terms of Section 3 of the U.P. Higher Education Services Act, 1980. The Commission is, among other functions assigned to it under the Act, empowered to prepare guidelines touching the method of recruitment of teachers in colleges and conduct examinations, hold interviews and make selection of candidates for being appointed as teachers and make recommendations to the managements concerned regarding the appointment of selected candidates. The selection process undertaken by the Commission is, however, confined only to colleges to which the privileges of affiliation or recognition have been granted by the University including colleges that are maintained by local authorities. Colleges that are maintained by the State Government or colleges imparting medical education are outside the purview of the Act aforementioned. We shall presently refer to the provisions of the Act in greater detail but we may at this stage only say that in terms of Section 12 of the Act, the Managements of the colleges are required to intimate the existing vacancies and the vacancies likely to be caused during the course of the ensuing academic year to the Director of Education who is then required to notify to the Commission a subject wise consolidated list of vacancies intimated to him from all colleges to enable the Commission to initiate and undertake the selection process.

4. Based on the information notified to the Commission in terms of the above procedure, a consolidated advertisement bearing multiple numbers (33 to 36) was issued by it on 29th May 2003 inviting applications for the vacancies mentioned in the said advertisement. A large number of writ petitions challenging the said advertisement came to be filed before the High Court of Allahabad primarily on the ground that the post of Principals notified by the Commission available as they were in different colleges affiliated to the University being single posts in the cadre were not amenable to reservation. These writ petitions were entertained by the High Court and by interim orders dated 1st September, 15th September and 22nd September 2003, directions issued to the Commission to the effect that the post of Principals shall be treated as non-reserved posts.

5. In compliance with the above directions, the Commission issued a fresh advertisement dated 24th February 2005 being advertisement No.39 inviting applications for 140 posts of Principals, out of which 87 posts were available in Post-Graduate Colleges while 53 others were in Degree Colleges. The advertisement did not make any mention about any reservation implying thereby that the posts were offered in the general/open merit category. The entire selection process was to be subject to the ultimate outcome of the writ petitions pending before the Allahabad High Court. It is common ground that interim orders dated 1st September 2003, 15th September 2003 and 22nd September 2003 were challenged before this Court by way of SLPs, but the said petitions were dismissed on the ground of delay and laches by this Court’s order dated 3rd November, 2008.

6. The Commission took nearly two years to complete the selectio

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2011 Supreme(SC) 268

IMPORTANT POINT Post of principals being a single post in the cadre is not amenable to any reservation.

Cases Referred (11)

IMPORTANT POINT
Post of principals being a single post in the cadre is not amenable to any reservation.