JUDGMENT :

By the Court.-Supplementary-affidavit filed today, is taken on record.

2. Heard Sri T.P. Singh, learned Senior Advocate, assisted by Sri Dhiraj Srivastava, learned counsel for the petitioners, Sri Gagan Mehta, learned counsel for the respondent No. 3 and Ms. Subhas Rathi, learned Chief Standing counsel for the State-respondents.

3. This writ petition has been filed praying for the following relief :

(i) Issue a writ, order or direction in the nature of mandamus, declaring that the U.P. Higher Education Services Commission Act, 1980 and rules framed thereunder are unconstitutional, being violative of fundamental rights of the petitioners' as guaranteed under the Constitution of India.

(ii) Issue writ, order or direction in the nature of mandamus, commanding and directing the respondents to permit the petitioners' to manage, run, and control the P.P.N. P.G. College, particularly in the matters of selection, appointment and disciplinary action of teachers and principal in accordance with the U.P. State University Act, 1973 and statues framed thereunder by the Chhatrapati Sahu Ji Maharaj University, Kanpur as earlier.

Submissions

4. Learned counsel for the petitioners submits as under :

(I) The U.P. Higher Education Services Commission Act, 1980 takes away the autonomy of the Committee of Management of the aided non-minority institutions like the petitioners, and thus, it is violative of Articles 14, 19 and 19 (1) (G) of the Constitution of India.

(II) In the case of T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481, it is clearly held that the autonomy of the aided private institutions shall not be interfered with in the matter of administering the institution by the Committee of Management which include the regulation for appointment of teachers in such Government aided private institution like the petitioners.

5. Sri T.P. Singh, learned Senior Advocate, learned counsel for the petitioners states that no other submission is being made except the aforequoted two submissions.

6. Learned Standing Counsel and learned Chief Standing Counsel for the State-respondents support the impugned Act, 1980.

Facts of the case

7. Briefly stated facts of the present case are that the petitioner's institution is presently affiliated to Kanpur University (now known as Chhatrapati Sahu Ji Maharaj University, Kanpur). It is an aided institution. The salaries and other benefits to entire teachers and staff/employee of the petitioner's institution are paid from the State Exchequer. The validity of the U.P. Higher Education Services Commission Act, 1980 (hereinafter referred to as the ''Act,1980'') has been upheld by the Division Bench of this Court in the case of Committee of Management, D.N. (P.G.) College, Meerut v. State of U.P. and others, 2007(5) ADJ 398 (DB). Now, despite the validity of the Act, 1980 has been upheld, the petitioners have filed the present writ petition challenging the constitutional validity of the Act, 1980.

Discussions and Findings

8. The Act, 1980 has been enacted by the State Legislature to establish the Service Commission in the selection and appointment of the teacher to the colleges affiliated or recognised by the University and for matters connected therewith or incidental thereto. Section-4 provides composition of the Commission. Section-11 provides powers and duties/function of the Commission, which may include the power to make recommendation to the Management relating the appointment of selected candidates. Section-12 provides procedure for appointment of teacher including responsibility of Management to intimate the existing vacancy and the vacancy likely to be caused during the course of ensuing academic year to the Director at such time and in such manner as may be prescribed. The Director requiring to notify the vacancy to the Commission. The detail procedure has been prescribed under Section 13 of the Act, 1980 for recommendation by the Commission. Section-24 exempts minority institution in the matter