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2016 Supreme(All) 1751

ALLAHABAD HIGH COURT
BEFORE : MANOJ MISRA, J.
Smt. ARCHANA PANDEY ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 8492, 13407, 13410, 13412, 13414, 13485, 13487, 13822, 13825, 14416, 15171, 18872, 22982 and 22993 of 2016, decided on 16th December, 2016)

Advocates:
Counsel :
Kushmondeya Shahi, Arvind Prabodh Dubey and R.K. Ojha for the Petitioner; C.S.C., A.P. Pandey, Inteshwar Nath Singh, Gajendra Pratap, Arjun Prasad Yadav and Vijendra Pratap Singh for the Respondents.

Headnote:Appointment—Cancellation—Opportunity of being heard—Petitioners were appointed in year 2009 on posts which were advertised—Thereafter upon reconstitution of Engineering College as University they continued in service of University for few years—Held petitioners’ service could not have been dispensed with without opportunity of hearing to them under garb of cancelling their appointment—Fact that large number of candidates were interviewed in a span of two days and exercise was a stage managed show—That by itself would not disclose that system was corrupt or that selection was tainted so as to give a go bye to principles of natural justice—More so in absence of any cogent material to show that improper consideration had passed to officer concerned responsible for making appointment—Cancellation of appointment quashed—Petitioners held entitled to all consequential benefits. [Paras 19, 21 and 22]

       Result; Petitions Allowed.

       

JUDGMENT

Hon’ble Manoj Misra, J.—This bunch of writ petitions assail an order dated 17th February, 2016 passed by the Registrar, Madan Mohan Malviya, University of Technology, Gorakhpur (hereinafter referred to as the University). The said order has been passed pursuant to a resolution dated 30.1.2016 (Item No. 22 thereof) of the Board of Management of the University which, in turn, was passed on letters dated 15th July, 2013 and 06th October, 2015 written by the State Government to the University seeking cancellation of appointments made in the year 2009 by Sri B.B. Singh, the then officiating Principal of Madan Mohan Malviya Engineering College, Gorakhpur (hereinafter referred to as the Engineering College). The petitioners have also assailed the aforesaid resolution and letters. As the impugned order is common in all these petitions and as they raise common questions of fact and law, with the consent of the learned counsel for the parties, they were heard together and are being decided by a common order. For the sake of convenience, Writ - A No. - 8492 of 2016 is taken as the lead petition as parties have extensively exchanged their pleadings in the said petition.

2. Considering the grounds on which the impugned order has been assailed, this Court does not consider it necessary to notice facts of each case separately, accordingly, the facts which are relevant for deciding these petitions are being noticed in brief.

3. On the basis of the pleadings exchanged in the lead petition the relevant facts that emerge from the record are as follows:

4. In the third five year plan of the State of U.P., a decision was taken to set up a Government Engineering College at Gorakhpur. As a consequence thereof, on 13.2.1962, the State Government created a temporary post of Principal for the College and, thereafter, the State Government proceeded to acquire land for the proposed College. On 26.6.1962, the State Government took a decision that the College would be established as an autonomous institution through a Society registered under the Societies Registration Act and be known as Pandit Madan Mohan Malaviya Memorial Engineering College, Gorakhpur. In furtherance thereof, a Society by the name of Madan Mohan Malaviya Memorial Engineering College, Gorakhpur was formed and registered under the Societies Registration Act on 8.11.1962 having its own Memorandum of Association and Bye-laws for governance. The overall control over the affairs of the Society was vested in a Governing Body called Board of Governors. The rules and regulations of the Society as contained in the Memorandum of Association gave extensive control to the State Government and its officers in the affairs of the Society as well as the engineering college set up by the Society. There is no dispute that the State provided funds for the College and its staff.

5. By Uttar Pradesh Madan Mohan Malaviya University of Technology Act, 2013 (hereinafter referred to as U.P. Act No. 22 of 2013), the Madan Mohan Malaviya Engineering College, Gorakhpur was reconstituted as Madan Mohan Malaviya University of Technology. By Section 4 of U.P. Act No. 22 of 2013, every person employed by the Engineering College immediately before the commencement of the Act was to hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund, and other matters as he would have held if the Act had not been passed, and would continue to do so unless and until his employment was terminated.

6. Under Section 30 read with Section 29 of the U.P. Act No. 22 of 2013, the Governor was pleased to make the First Statutes, 2015 for the University which were notified on 27th November, 2015 as U.P. Madan Mohan Malaviya University of Technology, Gorakhpur FIRST STATUTES, 2015. Statutes 49 and 50 of the First Statutes are relevant. Clause (5) of Statute 49 provides that notw






















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