The issue in controversy

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—Both the writ petitions have been filed in public interest, seeking a writ of quo warranto on the ground that the appointments of the third, fourth and fifth respondents as members of the Uttar Pradesh Higher Education Services Commission (Commission) are contrary to the statutory provisions contained in Section 4 (2-a) of the Uttar Pradesh Higher Education Services Commission Act, 1980 (Act). All the three respondents have been appointed in pursuance of the provisions of Clause (g) of sub-section (2-a) under which, the State Government is empowered to appoint a person, as a member of the Commission, who in its opinion, is “an eminent person having made valuable contribution in the field of education”. The first petition has been filed by the Gorakhpur University Affiliated College Teachers Association and its President. The second writ petition has been filed by Dr K K Sahi, who is an Associate Professor in Law at a Post Graduate Degree College in Deoria.

2. Section 4 of the Act provides as follows:

“4. Composition of the Commission.—(1) The Commission shall consist of a Chairman and not less than tw