KARUNA NIDHAN UPADHYA Vs. STATE OF U P

JUDGEMENT

(1.) THESE writ petitions relate to selection on the post of Principals in post graduate and degree colleges in the state of U.P. The writ petitions can be divided in following five groups. (1)The writ petitions challenging the selection dated 30.6.2008 and 2.7.2008 on the post of Principal in different post graduate colleges in the State of U.P. leading writ petition of which group is writ petition No. 34198 of 2008, Dr. Karuna Nidhan Upadhya and another Vs. State of U.P. and others. (2)The writ petition challenging the selection dated 15.5.2007 on the post of Principal in degree colleges in the State of U.P. This group has only one writ petition being writ petition No. 44358 of 2007, Dr. (Mrs.) Noopur Sharan and another Vs. State of U.P. (3)The writ petitions challenging the reservation for Scheduled Castes, Scheduled Tribes and other backward classes on the post of Principals in post graduate colleges and degree colleges as contained in advertisement Nos. 33,34,35 and 36, issued by U.P. Higher Education Services Commission, leading writ petition no. of which is writ petition No 38714 of 2003 Dr. (Smt.) Shikha Chaturvedi Vs. U.P. Higher Education Services Commission and others. (4)This group has only one writ petition praying for a mandamus directing the Higher Education Service Commission to make selection on the post of Principal in degree colleges/ post graduate colleges by applying the provisions of U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other backward classes) Act, 1994 being writ petition No. 70062 of 2006 Dr. Vinod Kumar Gupta Vs. State Of U.P. And Others. (5)This group has only one writ petition filed by selected candidates to the post of Principals of degree colleges vide the select list dated 15.5.2007 praying for mandamus to give effect to the recommendations dated 15.5.2007 and also praying for a writ of certiorari quashing order of the State Government dated 12.6.2007 by which the State Government had appointed the Divisional Commissioner, Allahabad to hold preliminary inquiry regarding allegations against the selection dated 15.5.2007 as well as praying for quashing the order dated 16.6.2007 of Divisional Commissioner by which certain informations were called from the U.P. Higher Education Services Commission and Director of Education was directed not to give any posting in pursuance of the select list dated 15.5.2007 being writ petition No. 29524 of 2007, Bharat Singh & Others Vs. State Of U.P. Thru' Principal Secretary Higher Edu. & Others.

(2.) BACKGROUND facts giving rise to all these writ petitions are; there are large number of post graduate and degree colleges situate in State of U.P. affiliated to a university governed by U.P. State Universities Act, 1973 (hereinafter referred to as '1973 Act')(There are post graduate and degree colleges which are exclusively maintained by the State Government which institutions are not subject matter of dispute in these writ petitions). The selection and appointment in the post graduate and degree colleges were being made by the committee of management of respective colleges in accordance with the provisions of 1973 Act and the First Statute of the respective universities. The State Government had been receiving complaints regarding favouritism in the selection of candidates. U.P. Higher Education Services Commission Act,1980 was enacted to establish a service commission for the selection of teachers for appointment to the colleges affiliated to or recognised with the University and the matters connected therewith or incidental thereto. The Commission consists of a Chairman and not less than two and not more than six members to be appointed by the State Government. The management was required to intimate the existing vacancies and vacancies likely to occur during the course of ensuing academic year to the Director and the Director in turn was required to notify the vacancies to the Commission and the Commission thereafter was to undertake the process of selection in accordance with the Act, Rules and Regulations. The advertisement was issued by the U.P. Higher Education Services Commission being advertisement Nos. 33,34,35 and 36 dated 29.5.2003 advertising several vacancies of Principal of post graduate colleges (male), Principal of post graduate colleges (female), Principal degree colleges (male), Principals degree colleges (Female). The advertisement also mentioned about the post reserved for Scheduled Castes, Scheduled Tribes and Other backward class. The reservation for physically handicapped category, dependent of freedom fighter and ex-service men as per Rules was also mentioned in the advertisement. The writ petition being writ petition No. 38714 of 2003, Dr. (Smt.) Shikha Chaturvedi Vs. U.P. Higher Education Service Commission and other writ petitions as mentioned in Group-3 were filed challenging the aforesaid advertisement on different grounds including the Government Order providing for filling backlog vacancies of reserved category candidates. In writ petition No. 38714 of 2003, an interim order was passed by this Court on 1.9.2003 directing that the post of Principal in post graduate colleges and degree colleges in the U.P. should be treated as non reserved posts and selection should be held purely on merit on the said posts till further orders.

(3.) AGAINST the post of Principals degree colleges, 564 candidates submitted their applications. All the candidates who applied against the post of Degree Colleges were called to appear without resorting to any screening which screening was normally adopted to call candidates in the ratio of 3 to 8 to the number of vacancies. The interview for the post of Principals of degree colleges was held from 14.12.2006 to 23.1.2007. U.P. Higher Education Services Commission declared the result on 15.5.2007. The list of selected candidates was declared separately with regard to 47 posts of Principals (male) and 11 posts of Principals (female). The State Government received several complaints against selection dated 15.5.2007. The complaints contained serious allegations against the conduct of selection by the Commission. The complaints were made that majority of the selected candidates belong to two specific communities. Out of 58 total posts, 38 candidates belonging to two communities were selected by manipulation. The complaint stated that Chairman and Members of the Commission are Readers of degree colleges and selection by such body of members for the post of principals of graduate colleges raises serious question about the whole process. The State Government passed an order dated 12.6.2007 for holding a preliminary inquiry on the above mentioned complaints by the Divisional Commissioner Allahabad, who was directed to submit preliminary inquiry report within 15 days. The Divisional Commissioner issued letter dated 16.6.2007 to the Chairman of U.P. Higher Education Services Commission asking him to provide various informations and details including norms of screening and marks allocated to different candidates. The Commissioner also endorsed the letter to the Director of Higher Education asking him not to issue posting orders till further orders of the Government, during the pendency of the inquiry Dr. Bharat Singh and five others, who were selected candidates as per select list dated 15.5.2007, filed the writ petition 29524 of 2007 in this Court praying for quashing the order dated 12.6.2007 as well as the order dated 16.6.2007. A mandamus was also prayed for commanding the respondent no. 3 to give effect to the recommendation dated 15.5.2007. An interim order was passed by Division Bench dated 13.7.2007 in the aforesaid writ petition staying the order dated 16.6.2007 and directing the Director of Education to issue appointment letter to the candidates within three weeks which was made subject to decision of the writ petition. The State of U.P. filed Special Leave to Appeal (Civil) No. 14057 of 2007, State of U.P. Vs. Bharat Singh and others, in which initially interim order was granted by the apex Court staying the order of the High Court dated 13.7.2007. Subsequently vide order dated 12.2.2008 the apex Court decided the aforesaid Special Leave to appeal (Civil) directing the High Court to dispose of the writ petition No. 29524 of 2007 and further it was directed that the interim order granted earlier by the apex Court should continue till the writ petitions are disposed of. The High Court vide order dated 7.8.2008 allowed the writ petition No. 29524 of 2007 Bharat Singh Vs. State of U.P. and others quashing the order dated 12.6.2007 of the State Government, directing preliminary inquiry and the letter dated 16.6.2007 of the Divisional Commissioner. A mandamus was also issued to the Director Higher Education to give effect to the recommendation dated 15.5.2007. Against the order dated 7.8.2008 Special Leave Petition was filed by the State of U.P., Director of Education and Commissioner Allahabad Division in the apex Court. The State Government vide order dated 22.8.2007 appointed six members of U.P. Higher Education Services Commission in exercise of its power under section 4(2) (g) of the Act. A meeting dated 10.4.2008 of the Commission was held in which guidelines for screening were approved superseding the earlier guidelines in reference to advertisement No. 39. Another meeting of the Commission was held on 13.5.2008 resolving to call 8 candidates against one vacancy of Principal Post Graduate Colleges male and female for interview and fixing cut of marks for Principal post graduate colleges female as 34.9 and for Principal post graduate colleges for male was 35.1. The interview for the post of Principals post graduate colleges was conducted from 22.6.2008 to 28.6.2008 and the select list was declared on 30.6.2008. By subsequent order dated 2.7.2008 the select list was modified. The petitioner Karuna Nidhan Upadhya had filed writ petition No. 26501 of 2008 on 28.5.2008 before the start of interview of Principals post graduate colleges and Dr. Ramashraya Singh had also filed writ petition No. 27600 of 2008 on 3.6.2008 raising various objections with regard to selection process of Principal of post graduate colleges. The aforesaid writ petitions however, were got dismissed as withdrawn on 3.7.2008 after the result was declared on 30.6.2008 and 2.7.2008. The writ petition No. 34198 of 2008 was filed on 15.7.2008 and other writ petitions of Group-1 were filed challenging the selection dated 30.6.2008 and 2.7.2008 on the post of Principal post graduate colleges on various grounds.