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2019 Supreme(All) 63

IN THE HIGH COURT OF ALLAHABAD
SUDHIR AGARWAL, IFAQAT ALI KHAN, JJ.
ASHEESH KUMAR SONI AND 24 ORS - Appellant
Versus
STATE OF U.P. AND OTHERS - Respondent
Writ - A No. 45869, 57188 of 2017
Decided On : 22-01-2019

Advocates Appeared:
Vishnu Shanker Gupta, Adv., Ashok Khare, Adv., Rohit Pandey, Adv., Anil Kumar Tiwari, Adv., Ajay Kumar Singh, Adv.

Headnote:Societies Registration Act, 1860 - Petitions have been filed challenging the appointment process of the Lecturer and also the Section process for the appoint of Professors and associate Professors - Held, that after written test, those, who qualified and recommended for interview, were interviewed by Selection Committees constituted as per respective Bye-laws of different R.E.Cs. - we are of the view that process of selection followed by respondents, in absence of violation of any statutory rules, cannot said to be illegal so as to vitiate entire procedure and justify cancellation of selection - No merit in the Petitions and hence Dismissed.

JUDGMENT & ORDER :

SUDHIR AGARWAL, J.

1. Both these matters are connected having similar facts and involving similar issues of facts and law, therefore, have been heard together and are being decided by this common judgment.

2. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Vishnu Shanker Gupta, learned counsel for petitioners, Sri G.K.Singh, learned counsel for respondent 4, learned Standing Counsel for respondent 1 and Sri Rohit Pandey, learned counsel for respondents 2 and 3 in Writ Petition No.45869 of 2017 (hereinafter referred to as "First Petition") and Sri Anil Kumar Tiwari, learned counsel for petitioners, learned Standing Counsel for State-respondent 1 and Sri Rohit Pandey, learned counsel for respondents 2 and 3 in Writ Petition No.57188 of 2017 (hereinafter referred to as "Second Petition").

3. First Petition has been filed by 25 petitioners, who were selected and appointed as Guest Faculty/Lecturer in different disciplines and apprehending their discontinuance in case selection and appointment is finalized pursuant to Advertisement No.01/Faculty/Banda/2016 dated 05.11.2016 and Advertisement No.01/Rectt/Banda/2017 dated 12.05.2017, they have challenged selection.

4. In Second Petition there are 12 petitioners, who are challenging entire selection conducted for appointment at teaching positions of Professors, Associate Professors and Assistant Professors in different Rajkiya Engineering College (hereinafter referred to as 'R.E.C.') of State of Uttar Pradesh as well as Advertisement No.01/REC/2017 dated 12.05.2017. Details of various advertisements are given in para 2 of Second Petition.

5. There are several Engineering Colleges in State of U.P., which are called R.E.C. and in the present writ petition, we are concerned with following R.E.Cs. :-

(i) Rajkiya Engineering College, Banda (in short "R.E.C., Banda")

(ii) Rajkiya Engineering College, Ambedkar Nagar (in short "R.E.C., Ambedkar Nagar")

(iii) Rajkiya Engineering College, Azamgarh (in short "R.E.C., Azamgarh")

(iv) Rajkiya Engineering College, Sonbhadra (in short "R.E.C., Sonbhadra")

(v) Rajkiya Engineering College, Kannauj (in short "R.E.C., Kannauj")

(vi) Rajkiya Engineering College, Mainpuri (in short "R.E.C., Mainpuri")

(vii) Rajkiya Engineering College, Bijnor (in short "R.E.C., Bijnor")

6. These R.E.Cs. are established by individual Societies Registered under Societies Registration Act, 1860 (hereinafter referred to as 'Act, 1860). For example R.E.C., Banda is established and managed by Dr. Bhim Rao Ambedkar Engineering College of Information Technology Society, Banda, (hereinafter referred to as "Dr.B.R.A.E.C. Society, Banda") registered under Act, 1860. Promoters of Society include the then Minister, Technical Education; Principal Secretary, Technical Education; Vice Chancellor, U.P. Technical University; Director, Technical Education, etc.

7. Similarly, R.E.C., Azamgarh also called as Manyawar Kanshi Ram Engineering College of Information Technology, Azamgarh, is established and managed by Manyawar Kashi Ram Engineering College of Information Technology Society (hereinafter referred to as "M.K.R.E.C. Society, Azamgarh") registered under Act 1860. Here also Promoters of Society are Ministers, Principal Secretary and other officials of State Government.

8. In similar way, other R.E.Cs. have been established at different places. They are funded by Government and we are informed that all these Colleges are affiliated to U. P. Technical University (hereinafter referred to as "U.P.T.U.").

9. R.E.C., Banda published an Advertisement No.01/2015 inviting eligible persons for walk in interview for making selection of "Guest Faculty/Lecturer" in Mechanical, Electrical, Electronics, Computer Science & Engineering, Information Technology, Physics, Chemistry, Mathematics, English and Management for Session 2015-16. Petitioners attended interview and were selected





























































































































































































































































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