STATE OF U P Vs. BHARAT SINGH

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of a judgment and order dated 7th August 2008 passed by the High Court of Allahabad whereby the High Court has allowed the writ petitions filed by the selected candidates, quashed the orders under challenge in the same and by a mandamus directed the Director, Higher Education to give effect to the recommendations made by the U.P. Higher Education Service Commission for appointment to the post of Principals in aided/affiliated Degree and Post-Graduate colleges. The High Court has further directed issue of placement orders in favour of the selected candidates without any delay. The facts giving rise to the filing of the petitions may be summarized as under:

(3.) The Government of U.P. has established what is known as Uttar Pradesh Higher Education Services Commission in terms of Section 3 of the U.P. Higher Education Services Act, 1980. The Commission is, among other functions assigned to it under the Act, empowered to prepare guidelines touching the method of recruitment of teachers in colleges and conduct examinations, hold interviews and make selection of candidates for being appointed as teachers and make recommendations to the managements concerned regarding the appointment of selected candidates. The selection process undertaken by the Commission is, however, confined only to colleges to which the privileges of affiliation or recognition have been granted by the University including colleges that are maintained by local authorities. Colleges that are maintained by the State Government or colleges imparting medical education are outside the purview of the Act aforementioned. We shall presently refer to the provisions of the Act in greater detail but we may at this stage only say that in terms of Section 12 of the Act, the Managements of the colleges are required to intimate the existing vacancies and the vacancies likely to be caused during the course of the ensuing academic year to the Director of Education who is then required to notify to the Commission a subject wise consolidated list of vacancies intimated to him from all colleges to enable the Commission to initiate and undertake the selection process.