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IN THE HIGH COURT OF ALLAHABAD
S. R. Singh and D. R. Chaudhary, JJ.
DR.M.C.YADAV - Appellant
Versus
DIRECTOR OF EDUCATION (HIGHER EDUCATION) ALLAHABAD - Respondents
C. M. W. P. 38609 Of 1999
Decided On : 03/30/2001
Higher Education Service Commission - Appointment of Principal - Section 13 of the Act - [Section 13 of the Act] - The court discussed the provisions of Section 13 of the Act, emphasizing that the select-list prepared under subsection (1) of Section 13 shall be valid till the receipt of a new list from the Commission. The court also highlighted the conditions under which sub-section (4) of Section 13 would be attracted, and the implications of notifying an unforeseen vacancy to the Commission. The judgment referenced the case of Kamlesh Kumar Sharma v. Yogesh Kumar Gupta to interpret the applicability of Section 13 of the Act in the present case.
Fact of the Case:
The petitioner challenged the recall of the order appointing the Principal of Narain P. G. College, Shikohabad. The dispute arose from the appointment process where the petitioner was initially assigned to a different college than his preference, and later staked his claim for the vacancy at Narain P. G. College following the resignation of the incumbent Principal.
Finding of the Court:
The court quashed the impugned order dated 25. 8. 1999, emphasizing that the Director of Higher Education could recall the order if a candidate selected pursuant to advertisement No. 21 of 1995, higher in merit than the petitioner, still remained to be appointed and was willing to be posted at Narain P. G. College, Shikohabad.
Issues: Validity of the order recalling the appointment of the Principal and the applicability of Section 13 of the Act in the appointment process.
Ratio Decidendi: The court interpreted the provisions of Section 13 of the Act and emphasized the conditions under which sub-section (4) of Section 13 would be attracted, as well as the implications of notifying an unforeseen vacancy to the Commission.
Final Decision: The impugned order dated 25. 8. 1999 was quashed, with the Director of Higher Education granted liberty to recall the order under specific circumstances.
( 1 ) PRESENT petition has been instituted canvassing the validity of the order dated 25. 8. 1999 by means of which the Director of Higher Education has recalled his earlier order dated 17. 8. 1999 whereby the petitioner had been assigned to Narain P. G. College. Shikohabad as Principal of the said college.
( 2 ) PETITIONER and one Dr. S. S. Yadav were amongst the candidates empanelled for appointment to various posts of Principal covered by advertisement No. 21 of 1995 publicised by the U. P. Higher Education Service Commission. Allahabad. Dr. S. S. Yadav glowed higher in the merit-list and excelled to the petitioner who figured at serial No. 5 of the merit-list of the O. B. C. candidates and because of his higher position in the merit-list. Dr. S. S. Yadav was assigned to Narain (P. G.) College, Shikohabad by the Director of Higher Education which college had been marked out as his first choice by the petitioner as welt. The petitioner was assigned to P. B. (P. G.) College at Pratapgarh by the Director of Higher Education. Allahabad by means of his letter dated 23. 10. 1996 though the college was not one of the five colleges indicated by the petitioner in his preference for appointment and as a consequence, he communicated with the principal/manager of the said College for Issuance of appointment letter in his favour in view of the Directors letter dated 23. 10. 1996. The aforesaid letter of the petitioner remained un-acted upon as the Management of the college did not issue any appointment letter in favour of the petitioner notwithstanding imperative direction to this effect issued by the Director, Higher education vide Setter dated 8. 6. 1998. While the matter was lingering. Dr. S. S. Yadav. who was appointed Principal. Narain (P. G.) College Shikohabad, demitted the office on 19. 7. 1999. and the resignation received acceptance on 21. 7. 1999. The petitioner staked his claim for being appointed Principal. Narain P. G. College Shikohabad in place of Dr. S. S. Yadav. Upon resignation of Dr. S. S. Yadav. 4th respondent. Dr. Ram Autar Sharma, lecturer in the college was appointed officiating Principal. The officiating Principal made a representation to the director Higher Education to the effect that the vacancy in the post of Principal occurring owing to the resignation of Dr. S, S. Yadav ought to be filled by fresh advertisement and not out of the panel prepared pursuant to the advertisement No. 21 of 1995. The Director of Higher Education by his notification dated 20. 8. 1999 cancelled his earlier letter dated 17. 8. 1999 whereby the management of the college was requested to issue, appointment letter in favour of the petitioner and maintained earlier placement of the petitioner in P. B. (P. G.) College Pratapgarh.
( 3 ) WE have heard Sri S. C. Budhwar, senior advocate, assisted by Sri C. B. Yadav for the petitioner, Sri Ashok Khare. senior advocate assisted by Sri A. K. Singh. representating Dr. Ravlndra Pal Singh, who is presently working as officiating Principal after retirement of the 4th respondent and has moved an application dated. 11. 1. 2001 on 16. 3. 2001 for being impleaded as respondent. Sri M. B. Saxena for the Committee of Management and the standing counsel representing Director Higher Education, have also been heard.
( 4 ) IT has been canvassed by the learned counsel for the petitioner that the list sent by the commission remains valid "till the receipt of a new list from the Commission as provided in sub-section (2) of Section 13 of the U. P. Higher Education Service Commission Act. 1980 and since the vacancy has arisen due to resignation, and the same has not been notified to the commission under sub-section (3) of Section 12, the Director was justified under subsection (4)of Section 13 of the Act in intimating to the Management Narain P. G. College Shikohabad. the name of the petitioner who was very much in the list for appointment. The Director was. however, not justified, proceeds the s
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