The interpretation of the Scheme of Administration under the U.P. Technical Education Act, 1962, and the validity of appointments made under the scheme.

JUDGMENT :

1. Heard Mr. Amrendra Nath Tripathi, learned counsel for the petitioner, Mr. Piyush Kumar, learned Standing Counsel appearing on behalf of the State and Mr. Anand Mani Tripathi, learned counsel assisted by Mr. Arun Kumar Singh appearing on behalf of respondent no.4.

2. The instant writ petition has been filed challenging the order dated 12.05.2022, whereby the respondent no.4 has been nominated as Chairman in terms of scheme of administration of the Committee of Management of Town Polytechnic, Ballia.

3. Learned counsel for the petitioner argues that the institution running in the name and style of Town Polytechnic, Ballia is governed under the provisions of U.P. Technical Education Act, 1962 and the regulations framed thereunder. It is argued that in terms of powers conferred by Regulation 41, Scheme of Administration which is approved by the State, provides for manner in which the appointments are to be made. He argues that in terms of the Scheme of administration as having been approved pertaining to the Town Polytechnic, Ballia, there is a provision under Clause 2 that the Committee shall be constituted comprising of as many as 12 members, the Chairman of the said Committee is to be nominated by the State Government. The other members are prescribed under the Clause 2 of the Scheme of Administration, which is on record as filed by learned Standing Counsel. The manner of nomination of Chairman is prescribed under Clause 7 of the Scheme of Administration. Sub Clause (2) (a) of Clause 7 prescribes that the approval granted by the Society shall be considered by the Managing Committee which shall shortlist names comprising a panel (it is open that the panelist can be a person who is not a member) and shall be sent to the Director, Technical Education. It is further provided that the said Director shall send his recommendations on the panel so forwarded to him to the State for choosing any one person out of the panel comprising of three names and the State Government is empowered to chose either of the three names as forwarded in the panel.

4. Clause 2 (b) of Clause 7 prescribes that in the event the State does not nominate any person out of the panel of three persons, the Managing Committee is empowered to send a second panel comprising of three names, the restriction being that the new panel shall not include the names of the panel sent earlier. These two clauses of Clause 7 are relevant for the purposes of adjudication of dispute at hand and are quoted herein below :

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5. In the light of Clause 7 (2) (a) of the Scheme of Administration, it is stated that the Managing Committee sent a resolution dated 25.11.2020 on 26.11.2020, recommending a panel comprising of three names. The said three persons were Sri Arvind Kumar Srivastava, Sri Rajiv Kumar-respondent no.4 and Sri Ajay Kumar Ojha. On the recommendations and the panel sent by the Committee of Management on 26.11.2020, the Director send a communication to the State, stating that on 25.11.2020, for nomination to the post of Chairman a panel of three names has been sent and as per his recommendation, the person named at serial no.1, namely Sri Arvind Kumar Srivastava may be nominated as the Chairman. This letter was forwarded on 1.12.2020 and as contained in SCA-3.

6. Unfortunately, Sri Arvind Kumar Srivastava, who was one of the panelist recommended by the Managing Committee and endorsed by the Director, died on 2.1.2021 before any decisio