[2012(5) ADJ 182 (DB)]
ALLAHABAD HIGH COURT
BEFORE : ASHOK BHUSHAN AND MRS. SUNITA AGARWAL, JJ.
Dr. KARUNA NIDHAN UPADHYA AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 34198, 43081, 49104, 34922, 36977, 42445, 45964 of 2008, 44358 of 2007, 38714, 41345, 39370, 39369, 48621, 42992 of 2003, 70062 of 2006, 29524 of 2007, decided on 23rd April, 2012)
Hon’ble Ashok Bhushan, J.—These writ petitions relate to selection on the post of Principals in post-graduate and degree colleges in the state of U.P. The writ petitions can be divided in following five groups.
(1) The writ petitions challenging the selection dated 30.6.2008 and 2.7.2008 on the post of Principal in different post-graduate colleges in the State of U.P. leading writ petition of which group is writ petition No. 34198 of 2008, Dr. Karuna Nidhan Upadhya and another v. State of U.P. and others.
(2) The writ petition challenging the selection dated 15.5.2007 on the post of Principal in degree colleges in the State of U.P. This group has only one writ petition being writ petition No. 44358 of 2007, Dr. (Mrs.) Noopur Sharan and another v. State of U.P.
(3) The writ petitions challenging the reservation for Scheduled Castes, Scheduled Tribes and other backward classes on the post of Principals in post-graduate colleges and degree colleges as contained in advertisement Nos. 33,34,35 and 36, issued by U.P. Higher Education Services Commission, leading writ petition No. of which is writ petition No 38714 of 2003 Dr. (Smt.) Shikha Chaturvedi v. U.P. Higher Education Services Commission and others.
(4) This group has only one writ petition praying for a mandamus directing the Higher Education Service Commission to make selection on the post of Principal in degree colleges/post-graduate colleges by applying the provisions of U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other backward classes) Act, 1994 being writ petition No. 70062 of 2006 Dr. Vinod Kumar Gupta v. State Of U.P. And Others.
(5) This group has only one writ petition filed by selected candidates to the post of Principals of degree colleges vide the select list dated 15.5.2007 praying for mandamus to give effect to the recommendations dated 15.5.2007 and also praying for a writ of certiorari quashing order of the State Government dated 12.6.2007 by which the State Government had appointed the Divisional Commissioner, Allahabad to hold preliminary inquiry regarding allegations against the selection dated 15.5.2007 as well as praying for quashing the order dated 16.6.2007 of Divisional Commissioner by which certain informations were called from the U.P. Higher Education Services Commission and Director of Education was directed not to give any posting in pursuance of the select list dated 15.5.2007 being writ petition No. 29524 of 2007, Bharat Singh and others v. State of U.P. Thru’ Principal Secretary Higher Edu. and others.
2. Background facts giving rise to all these writ petitions are; there are large number of post-graduate and degree colleges situate in State of U.P. affiliated to a university governed by U.P. State Universities Act, 1973 (hereinafter referred to as ‘1973 Act’) (There are post-graduate and degree colleges which are exclusively maintained by the State Government which institutions are not subject-matter of dispute in these writ petitions). The selection and appointment in the post-graduate and degree colleges were being made by the committee of management of respective colleges in accordance with the provisions of 1973 Act and the First Statute of the respective universities. The State Government had been receiving complaints regarding favouritism in the selection of candidates. U.P. Higher Education Services Commission Act, 1980 was enacted to establish a service commission for the selection of teachers for appointment to the colleges affiliated to or recognised with the University and the matters connected therewith or incidental thereto. The Commission consists of a Chairman and not less than two and not more than six members to be appointed by the State Government. The management was required to intimate the existing vacancies and vacancies likely to occur during the course of ensuing academic year to the Director and the Director in turn was required to notify the vacancies to the Commission and the
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