A.F.R.

Court No. - 51

Case :- WRIT - C No. - 23497 of 2022

Petitioner :- C/M S.N. Sen Balika Vidyalaya And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Prabhakar Awasthi

Counsel for Respondent :- C.S.C.,Sarvesh Kumar

Hon'ble Ashutosh Srivastava,J.

1.

Heard Sri G.K. Singh, learned Senior Advocate assisted

by Sri Prabhakar Awasthi, learned counsel for the petitioners, Sri

Sarvesh Kumar, learned counsel for the caveator/respondent

No.5 and the learned Standing Counsel representing the State-

respondents.

2.

The instant writ petition has been filed assailing the order

dated 29.7.2022 (Annexure-17 to the writ petition) passed by the

State Government, Higher Education Department, whereby

exercising powers under Section 58 of the U.P. State Universities

Act, 1973 the petitioners' – Committee of Management has been

superceded and the District Magistrate, Kanpur Nagar has been

appointed as the Authorised Controller for a period of next one

year or till further orders whichever occurs earlier. A challenge

to the consequential order dated 30.7.2022 passed by the District

Magistrate, Kanpur Nagar / Authorised Controller/respondent

No.3 whereby he has proceeded to delegate his authority to

discharge his duties as Authorised Controller in favour of the

Sub-Divisional Magistrate, Sadar Kanpur Nagar has also been

laid.

3.

The facts shorn of unnecessary details giving rise to the

present proceedings are that the petitioner - Committee of

Management through its Manager, petitioner No.2, has been

managing the affairs of a Degree College, established in the year

1953 in the name and style of "S.N. Sen Balika Vidyalaya Post

Graduate College at District Kanpur Nagar" affiliated with

Chhatrapati Shahu Ji Maharaj University. The respondent No.5, Dr.

Suman, was recommended vide order dated 22.10.2021 of the

Director of Education (Higher) for appointment as Principal which

was lying vacant in the institution and was required to be filled up by

way of regular appointment. On the strength of the recommendation

dated 22.10.2021 the Regional Higher Education Officer wrote to the

petitioner Committee of Management on 2.11.2021 to ensure the

joining of the respondent No.5. A formal request was also made by

the respondent No.5 by way of communication dated 8.11.2021. The

petitioner Committee of Management began processing the

appointment of the respondent No.5 and prior to issuance of the

appointment letter sought to verify the testimonials of the respondent

No.5 for Chaudhary Charan Singh University, Meerut and other

universities from where the respondent No.5 had obtained her

qualifications. During the course of such verification by the

petitioners, the Regional Higher Education Officer as also the

Director of Higher Education wrote to the petitioner Committee of

Management vide letters dated 27.11.2021 and 1.12.2021,

respectively, to ensure the joining of the respondent No.5. During the

course of the verification of the testimonials of the respondent No.5,

it was revealed that not a single student had done his PhD under the

guidance of the respondent No.5. As per the qualification prescribed

under the UGC Regulations an incumbent who seeks appointment on

the post of Principal in a Post Graduate College has to have essential

qualification of research guidance experience. The petitioners

required the respondent No.5 to clarify her position in that regard.

When no clarification was received from the respondent No.5, the

petitioners vide letter dated 12.3.2022 requested the respondent

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Authorities to clarify whether the respondent No.5 stood qualified to

be appointed as Principal of the Institution. Instead of clarifying the

position, the State Government exercising powers under Section 57

of the U.P. State Universities Act, 1973, issued notices dated

20.5.2022 to it purporting to be under Section 57(ii) of the Act, 1973.

The no