JUDGMENT :

1. Heard Shri V.K. Upadhyay, learned Senior Counsel assisted by Shri Bhaiya Lal Yadav along with Sri Bidhan Chandra Rai, learned counsel for the writ petitioner, Sri Shashi Nandan, learned Senior Counsel assisted by Sri G.C. Saxena, learned Standing Counsel for State-respondents and Sri Dinesh Kumar Mishra, learned counsel who appears for third and fourth respondents.

2. The brief facts of the case shorn of unnecessary details as worded in the writ petition are that the third respondent, M.G. Polytechnic, Hathras (in short 'Institute') is affiliated to Board of Technical Education governed under the provisions of the Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962, U.P. Act No. XVII of 1962 (in short 1962 Act') possessing an approved scheme of administration under Section 22-A of 1962 Act.

3. Records reveal that a government order was issued on 08.04.1991 addressed to the second respondent, Director, Technical Education, Directorate of Technical Education, District Kanpur, U.P. providing for creation of four post of Lecturers in Electronics discipline in the third respondent-institute amongst other posts.

4. It is the case of the writ petitioner that as per the provisions contained under the approved Scheme of Administration of the third respondent-institute, a selection committee was contemplated to conduct selections which consisted of (i) Chairman, Managing Committee or a person nominated by him/her, (ii) An expert selected by Chairman of Managing Committee out of the panel of experts prepared by Director of Technical Education, (iii) A representative of the Director of Technical Education, (iv) One representative of All India Council of Teacher Education/Northern region office of Government of India, Ministry of Education (Technical) and; (v) Principal.

5. In para 6 of the writ petition, it has been further averred that in order to conduct selections for appointment on the post of Lecturers in various disciplines as per the Scheme of Administration, the second respondent Director, Technical Education, Directorate of Technical Education, District Kanpur, U.P. nominated a selection committee in particular for the post of Lecturer (Electronics), one Sri K.K. Tripathi, Head of the Department, Electronics Engineering, HBTI, Kanpur was made expert member. An advertisement was also published by the third respondent-institution in employment newspaper on 8.10.1993 inviting applications from the eligible candidates for being considered for appointment against several vacancies of Lecturers in the third respondent institution including two post of Lecturers in Electronics.

6. The writ petitioner claiming himself to be fully eligible and qualified in all respects while working on the post of Corporal in Indian Air force since 27.12.1993 applied for the post of Lecturer in Electronics on 13.10.1993. The petitioner was issued an interview letter to appear in the interview. Writ petitioner claims to have appeared in the interview.

7. In para 10 of the writ petition, it has been further averred that the selection committee comprising of Sri K.K. Tripathi, Head of the Department Electronics Engineering HBTI, Kanpur along with expert members comprising of Sri Y.P. Singh, President of Managing Committee and G.P. Singh Principal/Secretary of Committee of Institution in question on the basis of the marks obtained by the writ petitioner found him to be suitable and forwarded the entire documents in this regard before the second respondent-Director, Technical Education, Directorate of Technical Education, District Kanpur, U.P.

8. As per the writ petitioner in purported exercise of the powers conferred under Sub-section (3) of section 22-F of the 1962 Act, the Managing Committee of the third respondent proceeded to issue an appointment order in favour of the writ petitioner on 12.03.1994 appointing him on the post of Lecturer (Electronics).

9. Proceedings of the selection committee dated 22.01.1994 was placed in the meeting of the Managing Com