LAWS(ALL)-2000-2-76

SURAJ PAL SHAKYA Vs. STATE OF UTTAR PRADESH

Decided On February 28, 2000
SURAJ PAL SHAKYA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Present writ petition has been filed by the persons, who were selected by the U. P. Higher Education Services Commission, (hereinafter referred to as the Commission), assailing the Government Order dated 1.4.1997, by means of which the selection process, on receipt of certain complaints were suspended on 11.4.1997. Similar orders passed by the State Government were also challenged by the petitioners, wherein it was stated that the State Government, on receipt of certain complaints regarding irregularities committed by Commission in the selection on the post of Principal, directed that the selection be not made without previous approval of the State Government. It was further directed that the Commission shall, without previous approval of the State Government in writing, take no steps to make the selection of the candidates by direct recruitment for appointment in substantive vacancies of the Principal between April 2 to 5, 1997 and shall not prepare any panel of the candidates. But, it was provided that the notification shall not apply in respect of selection to the post of Principal of D. V. Post Graduate College at Oral.

(2.) Before dealing with the questions involved in the writ petition, it is relevant to state the background, in which the impugned orders were passed ; that on 5.12.1996, the Director of U. P. Higher Education intimated to the Commission for the post of Principal in graduate and Post-graduate College. In pursuance of the said intimation, the Commission on 13.12.96 issued advertisement Nos. 22 and 23 of 1996 for making selection on various posts of Principal. The requisition was also sent to the Commission for making selection on the post of lecturers and the Commission issued advertisement for the same on 13.12.1996.

(3.) The process of selection was expedited by the Commission for the reason that in writ petition bearing No. 19557 of 1997, which was decided on 20.9.96 and the High Court issued directions to complete the process of regular selection within four months from the date of receipt of certified copy of the order and the management was to send requisition within a week from the date of the certified copy of the order.