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2011 Supreme(All) 1504
[2011(7) ADJ 135 (DB)]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI AND DILIP GUPTA, JJ.
Dr. SATYA PANDEY ....Petitioner
Versus
DIRECTOR OF EDUCATION (HIGHER) U.P., ALLAHABAD AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 60844 of 2005, decided on 20th May, 2011)
Counsel :
Ashok Khare and Ashok Mishra for the Petitioner; Satish Chaturvedi and H.N. Singh, C.S.C. for the Respondents.
Headnote:U.P. Higher Education Services Commission Act,1980—Sections 3, 12, 13 (3) and 15—U.P. State University Act, 1973—Section 35—U.P. Higher Education Services Commission (Procedure for Selection of Teachers) Regulations, 1983—Regulations 4 and 5—Appointment—Principal—Cancellation of—Challenge against—Large scale irregularities in placement/appointment—Appointment of Principal against the provisions of Act—State Government issued directions to Director to cancel such placement orders—Director at the time of issuing the placement ordered has to take into account only two things with regard to every candidate, i.e., candidate’s merit position as determined under Section 13 (1) of the Act and the preferential list of colleges or institution given by candidate himself and that Director does not have an unfettered discretionary power in sending intimation under Section 13 (3) of Act—Impugned order dated 12.1.2004 issued by Director for placement of petitioner and Principal and subsequent appointment of petitioner on 17.1.2004 are in accordance with Section 13—Nothing on record to indicate that post of Principal in question was notified in advertisement No. 21 of 1995 or in advertisement No. 25 of 1998—Director issued the order dated 12.1.2004 for placement of petitioner on basis of merit list prepared by Commission on 7.1.1995 in connection with advertisement No. 21 of 1995, would not be covered either by Section 13(3) or by Section 13(4)—Any vacancy if not advertised under Section 12 held void ab initio—Direction issued. [Paras 62 to 65]
By the Court.—The petitioner has sought the quashing of the order dated 6th August, 2005 passed by the Director of Education (Higher Education), Allahabad (hereinafter referred to as the ‘’Director’) by which, pursuant to the order dated 29th July, 2005 issued by the State Government, the Manager of the Committee of Management of Nagrik Degree College, Janghai, Jaunpur has been directed to cancel the appointment of the petitioner as Principal of the said College consequent to the cancellation of the placement of the petitioner by the Director.
2. The Director, after having received the list of selected candidates from the Higher Services Commission (hereinafter referred to as the ‘’Commission’) established under Section 3 of the Uttar Pradesh Higher Education Services Commission Act, 1980 (hereinafter referred to as the ‘’Act’), issued the order dated 3rd August, 1995 for placement of the petitioner as Principal in Ganesh Shanker Vidhyarthi College, Kanpur Dehat. This selection was made by the Commission pursuant to Advertisement No. 21 of 1995 issued on 31st January, 1995. The petitioner did not join the College. Thereafter, placement orders were issued by the Director for appointment of the petitioner as Principal for Maharishi Dayanand Mahila Maha Vidyalaya, Mau and Mahila Maha Vidyalaya, Bahraich pursuant to fresh selections made by the Commission on the basis of Advertisement No. 25 of 1998 in which the petitioner had also applied, but the petitioner did not join the said Colleges. Subsequently, after a gap of about nine years, the Director reverted to the selection made by the Commission against Advertisement No. 21 of 1995 and issued the order dated 12th January, 2004 for placement of the petitioner as Principal in the Nagrik Degree College, Janghai, Jaunpur under Section 13(3) of the Act as a vacancy had arisen in the said College on account of the resignation submitted by the Principal of the said College. The management of the College consequently issued appointment order in favour of the petitioner. It is this placement order dated 12th January, 2004 that was cancelled by the Director by the order dated 6th August, 2005 as it was found to be in violation of the provisions of the Act and a direction was issued to the College to cancel the appointment of the petitioner.
3. It needs to be noticed that the Act deals with the establishment of the Commission for the selection of teachers including Principals and for making recommendation to the management of the colleges affiliated to or recognised by the University for making appointment and for matters connected therewith or incidental thereto. Prior to the enactment of the aforesaid Act, the appointment to the post of teachers in the Non-Governmental Colleges affiliated to the various Universities in the State of Uttar Pradesh was made by the Selection Committee of the management of the concerned college but for various reasons, the said process was not found to be congenial and the aforesaid Act was enacted.
4. Sections 12, 13 and 14 of the Act which deal with the procedure for appointment of teachers, recommendation of the Commission and duty of management respectively were amended by U.P. Act Nos. 2 of 1992 with effect from 22nd November, 1991. The amended Section 12 of the Act provides that every appointment as a teacher of any college shall be made by the management in accordance with the provisions of the Act and any appointment made in contravention thereof shall be void. The management is required to intimate the existing vacancies and the vacancies likely to be caused during the course of the ensuing academic year to the Director who shall notify to the Commission, a subject-wise consolidated list of vacancies intimated to him by the colleges. The Commission then is required to give wide publicity of the vacancies and the candidates have to indicate their order of preference for various colleges, vacancies wherein have been advertised. The amended Section
