The central legal point established in the judgment is the interpretation of the provisions of the U.P. Technical Education Act, 1962 and the regulations framed under the said Act, specifically focusing on the nomination process and the authority of the State Government.

JUDGMENT :

1. This intra-court appeal filed under Chapter VIII Rule 5 of the Rules of the Court lays a challenge to the judgment and order dated 07.09.2022, passed by the learned Single Judge in Writ-C No.2957 of 2022 whereby after setting aside the order of the State Government dated 12.05.2022, nominating the appellant as Chairman of the Committee of Management of Town Polytechnic, Ballia, a direction has been given to the Committee of Management of Town Polytechnic, Ballia to take decision afresh for preparing a panel of three persons and to forward the same to the Director, Technical Education, U.P. who, in turn, has been directed to forward the same to the State Government whereupon the State Government has been directed to take decision nominating Chairman of the Committee of Management of the said institution.

2. Heard Dr. L.P. Mishra along with Ms. Neha Chaddha and Sri Prafulla Tewari, learned counsel representing the appellant, Sri Anand Kumar Singh, learned State Counsel representing the State-respondents, Sri Amrendra Nath Tripathi along with Sri Anas Sherwani, learned counsel representing the respondent No.1-petitioner and perused the record available before us on this Special Appeal.

3. Before adverting to the rival submissions advanced by learned counsel representing the parties, it is apposite to note certain facts of the case which are necessary for appropriate adjudication of the issues involved in this case.

4. Town Polytechnic, Ballia is an institution which is governed by the provisions of U.P. Technical Education Act, 1962 and the regulations framed under the said Act. The State has approved a Scheme of Administration which, inter-alia, provides for constitution of the Committee of Management to be headed by a Chairman who is to be nominated by the State Government.

5. The controversy in this case commenced with the occurrence of a vacancy in the office of the Chairman of the Committee of Management of the institution. Clause 7 of the approved Scheme of Administration provides that Chairman of the Committee of Management shall be nominated by the State Government. As per Clause 7(2)(v) of the Scheme of Administration, the Committee of Management will send a panel of three persons for appointment of Chairman of the Committee of Management to the Director, Technical Education, U.P. It further provides that the State Government on the recommendation of the Director, Technical Education, U.P. shall appoint one of the three persons of the panel which may be proposed by the Committee of Management. Clause 7(2)(c) of the Scheme of Administration provides that in case the State Government does not nominate any of the person from the panel, the Committee of Management shall propose the second panel containing three names who shall be different from the persons proposed in the first panel. Clause 7 of the approved Scheme of Administration is quoted herein under :

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6. On occurrence of vacancy in the office of the Chairman of the Committee of Management of the institution, a meeting of Committee of Management is said to have taken place on 25.11.2020 which prepared a panel of three persons, namely, (1) Sri Arvind Kumar Srivastava, (2) Sri Rajiv Kumar and (3) Sri Ajay Kumar Ojha. The decision taken by the Committee of Management in its meeting dated 25.11.2020 was communicated by the Secretary of