Hon’ble Yatindra Singh, J.—These writ petitions involve with the constitutionality of the U.P. Higher Education Services Commission Act, 1980 (the Commission Act).

THE FACTS

2. The UP Higher Education Services Commission, Allahabad (the Commission) published the advertisements No. 38 and 39 on 24.4.2005 for selection of the principals and lecturers for under graduate and post graduate colleges (referred to as the Colleges). The petitioners are the committees of management of different colleges and have challenged the process of selection on the ground that the Commission Act is ultra vires the Constitution.

3. We have heard Sri Shailendra, Sri Rajesh Kumar Singh, Sri Arvind Singh, Sri R.P. Srivastava and Sri KC Shukla Counsel for the petitioners, Ms. Subhas Rathi, Standing Counsel and Sri H.N. Singh for the Commission.

DECISION: THE COMMISSION ACT IS INTRA-VIRES

The right to establish Educational Institution

4. The question regarding right to establish educational institutions has been decided in TMA Pai Foundation v. State of Karnataka, (2002) 8 SCC 481 (the TMA Pai case). In this case eleven questions were referred to the larger bench. The larger bench chose not to answer f