ORDER :

Leave granted.

2. These appeals are directed against orders of the Allahabad High Court whereby the writ petitions filed by the appellants were dismissed and the termination of their services from the posts of Principals was upheld.

3. In response to advertisement dated 13.8.1998 issued by the Uttar Pradesh Higher Education Service Commission (for short, 'the Commission') for recruitment of Principals for Post Graduate Degree Colleges and Degree Colleges (Aided and Unaided), the appellants submitted their respective applications for the posts for which they were qualified. They were selected by the Commission and their names were included in the select list published on 16/18.4.2001.

4. The Director, Higher Education, U.P. (for short, 'the Director') issued orders for placement of the appellants in the position of Principals of various Colleges. In some cases, the Management of the concerned Colleges did not issue orders appointing the appellants. In other cases, the appellants either voluntarily sought change of the placement or the Director suo motu changed the placement. After joining their respective positions, most of the appellants were confirmed by the Management of the concerned Colleges.

5. On receipt of complaints alleging large scale irregularities in the placement of selected candidates in different Colleges, the State Government directed District Magistrate, Allahabad to conduct an inquiry and submit report. The latter examined the relevant records and submitted report dated 4.2.2005 with the finding that the placement of the candidates was contrary to the provisions of the Uttar Pradesh Higher Education Services Commission Act, 1980 (for short, 'the 1980 Act') and the Uttar Pradesh State Universities Act, 1973 (for short, 'the 1973 Act') and was wholly illegal and arbitrary. The District Magistrate also found that in some cases, the candidates were given placement against non-existent posts in violation of the judgment of the Supreme Court in Kamlesh Kumar Sharma v. Yogesh Kumar Gupta, AIR 1968 SC 1012.

6. In view of the fact finding report submitted by the District Magistrate, the State Government issued directions for cancellation of placement of the appellants and others on the posts of Principals. The Director faithfully implemented the directive of the State Government and issued letter dated 6.8.2005 to the Management of the Colleges to terminate the services of the appellants. For the sake of reference, the letter written by the Director to the Manager, D. N. College, Gulaothi, Bulandshahr (respondent No. 5 in the appeal arising out of SLP (C) No. 16388/2011) is reproduced below:

"From,

Director, (Higher Education)

U.P.Allahabad

To,

Manager,

D.N.College, Gulaothi,

Bulandshahr

Letter: Degree Arth-I/Ayog/2005-06 dated

06.08.2005.

Subject : Regarding terminating the appointment of Dr.Mahipal Singh Tamar as Principal of D.N.College, Gulaothi, Bulandshahr, which is not as per the law.

In reference to above subject, it is directed by the Govt. letter No. 3009/70-2-2005-06 (14)/2003 dated 29.07.2005 that on receiving the complaints as to involvement of some extraneous considerations in the appointments and postings of the Principals, selected by the Commission, Government got conducted an inquiry by Distt. Magistrate, Allahabad. After the perusal of inquiry report it was found that Dr. Mahipal Singh Tamar was selected as Principal under advertisement No. 25 in the category of Graduate (Male), advertised by the Higher Education Service Commission, was appointed as Principal in the unadvertised Dev Nagri College, Gulaothi, Bulandshahr vide letter dated 10.04.2003 issued by the Director Higher Education, which is contrary to the provisions of under Section 13(3) of the Higher Education Service Commission Act, 1980 and being wrongly explained the order passed in Alka Rani Gupta case dated 27.02.2003 and by violating the order passed by the Hon'ble Supreme Court in Civil Appeal No. 7904/1996 titled as Kamlesh Kumar Sharma v. Y