2025 Supreme(All) 3681
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
PRAKASH SINGH, J.
Dr. Vijay Bahadur Jaiswal And Another – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Agriculture Edu. And Research Lko. And Other – Respondent
WRIT - A No. - 14077 of 2025
Decided On : 09-12-2025
For the Appellants : Vikas Vikram Singh, Rajat Gangwar
For the Respondent: C.S.C., Uttam Kumar Verma
The statutory governing board must adhere to its own rules for appointing candidates, and external circulars lacking formal adoption cannot supersede established qualifications.
Headnote:(A) Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya) Adhiniyam, 1958 - Examination of validity of Board's resolution concerning appointment of Program Coordinator at Chandra Shekhar Azad University of Agriculture & Technology. The petitioners, possessing requisite qualifications, challenged the cancellation of their recommendations by the Board of Management citing procedural irregularities and a misinterpretation of qualifications under the Act. Court noted, "the whole order is erroneous and ambiguous," leading to the quashing of the resolution dated 19.11.2025 and a remand for fresh consideration. (Paras 27 & 30)
(B) Legal Principles: Compliance with statutory provisions mandated; advertent authority cannot unilaterally alter qualifications set by a Governor-approved board. The authority must adhere strictly to the prescribed application process. (Paras 10 & 11)
(C)
Issues: The core issues involved the validity of the Board of Management's resolution infringing statutory provisions regarding qualifications and procedural adherence. Court ruled that the qualification stipulated in the advertisement prevails unless amended in compliance with the statute. (Paras 26 & 31)
Findings of Court:
The contested decision dated 19.11.2025, based on flawed interpretations of qualifications, was quashed, remanding the matter back to the Board for reconsideration. (Paras 31 & 34)
Ratio Decidendi: The court held that administrative decisions must align with established statutory frameworks and cannot derive authority from extraneous sources. Previous unresolved orders must not use supplementary justifications once challenged. (Paras 12)
Result: Writ petition allowed, resolution quashed, matter remitted for fresh determination by the Board of Management.
| Table of Content |
|---|
| 1. initial proceedings and compliance (Para 1 , 2 , 3) |
| 2. background of the petition and qualifications (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. arguments on statutory qualifications (Para 12 , 13 , 14 , 15 , 16) |
| 4. respondent's defense and counterarguments (Para 18 , 19 , 20 , 21 , 22) |
| 5. court's view on the impugned order (Para 24 , 25) |
| 6. considering validity of the board's decision (Para 26 , 27 , 28 , 29) |
| 7. quashing of board decision and directives (Para 30) |
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. On 5.12.2025, the following order was passed:-
"Mr. Uttam Kumar Verma, learned counsel for the respondent nos. 3 to 6 and Mr. Pradeep Kumar Singh, learned counsel appearing for the State are directed to seek detailed instructions in the matter.
List this matter on 9.12.2025 as fresh."
2. In-compliance of the aforesaid, Mr. Uttam Kumar Verma, learned counsel for the respondent-university has placed the seriatim of the orders and the action taken thereof by the Board of Management as well as the Chancellor, stating it to be the instructions, which is taken on record.
3. Heard Mr. Vikas Vikram Singh and Mr. Rajat Gangwar, learned counsel for the petitioners, Mr. Uttam Kumar Verma, counsel for the respondent- university, Mr. Shailendra Kumar Singh, Chief Standing Counsel assisted by Mr. P.K. Singh, learned Additional Chief Standing Counsel for the State.
4. By means of the present petition, the petitioners have assailed the minutes of emergency meeting of Board of Management dated 19.11.2025 of Chandra Shekhar Azad University Of Agriculture & Technology, Kanpur(hereinafter, referred to as University) as well as the letter dated 19.11.2025, by which the resolution of the board of management was placed before the State Government for its approval.
5. The contentions put forth by learned counsel appearing for the petitioners is that the respondent-university is governed under the Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya) Adhiniyam, 1958(hereinafter, referred to as Act 1958). He submits that in the year 2014, the respondent-university invited applications for appointment against the number of teaching posts in the University by issuing advertisement nos. 1/2014, 3/2014 and 5/2014 and the advertisement no. 5/2014 was for appointment on the post of Program Coordinator for Krishi Vigyan Kendra(KVK). He added that the educational qualification was prescribed in the advertisement itself, which was approved by the Board of Management of the University, in its 150th meeting and in the agenda of Board meeting. The minimum eligibility criteria were proposed, in proposal no. 10 and was approved by the Board's Meeting and the same is still intact as that has never been assailed or revoked by any authority of law or person.
6. Further, submission is that the petitioners, who holds Master of Science in Agriculture & Horticulture degree and Doctorate in Horticulture, being fully qualified applied for consideration of the post of Program Coordinator, in furtherance to the advertisement no. 5/2014 and an interview letter was issued to the petitioners on 06.12.2014 and in furtherance thereof, they appeared before the selection committee on 23.12.2014 and the selection committee, after due consideration, recommended the name of the petitioners for appointment, which was to be placed before the Board of Management, scheduled on 31.12.2014, but a day prior to the said date, due to some complaint, the Chancellor passed the order through its Principal Secretary, whereby, the meeting of the Board of Management, which was scheduled on 31.12.2014 was kept in abeyance, until further orders and the selection proceedings were also suspended. He added that along with advertisement no. 5/2014, advertisement nos. 1/2014 & 3/2014 were also issued and in that respect, complaints were also made with respect to irregularities and corrupt practices against the then Vice-Chancellor, Professor Munna Singh, whereafter, on 05.05.2015, a three-member enquiry commit