DR. DHIRENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners are associate professors working in Post Graduate Colleges affiliated to Deen Dayal Upadyay Gorakhpur University. They are before this Court in a writ of quo-warranto, questioning appointment of respondent no.5 as adhoc lecturer in Government Degree College, as well as his subsequent placement on deputation as Deputy Secretary of U.P. Higher Education Services Commission, Allahabad. Petitioners assert that respondent no.5 has no legal right to hold the public office, and being a usurper, is liable to be ousted in the judicial inquiry under Article 226 of Constitution of India.

(2.) Accusations are two fold. First, that respondent no. 5 has misrepresented himself as Scheduled Tribe candidate, although he was not so, and secondly that he has manipulated his Post Graduation mark-sheet and secured appointment on the basis of a forged mark-sheet. Both the allegations are denied. Ordinarily, such issues could have been resolved by examining the relevant records. We, however, find ourselves compelled to enter into issues, on facts, as surprisingly all relevant records, wherever they existed, have gone missing. Our persistent endeavour to call upon the Officers of State to investigate such facts stands belied, for the reasons enumerated later. We have, therefore, summoned the original records available, impleaded the examining University to ascertain facts from them, and after hearing the parties at length with reference to records produced, proceed to deliver this judgment.

(3.) Facts relevant for the case are that State of U.P. issued a Government Order on 8th September, 1997 to fill vacant posts of lecturers in Government Degree Colleges situated in areas both plains and hills of erstwhile State, by adhoc appointment. Such appointments were to be made for an year or till regular selections were made by U.P. Public Service Commission, whichever is earlier, in accordance with qualifications prescribed in the relevant Rules. A committee for such adhoc appointment was constituted, consisting of Director, higher education as its Chairman, and two members of the rank of Joint Director/Principal of Post Graduate Degree Colleges. Government was required to appoint two subject experts. Selection was to be made by allocating 70% weightage to marks secured in educational examinations, 10% weightage for Ph.D., and remaining 20% towards interview. The select list was required to be approved by the State Government and applicable reservation was to be provided in terms of applicable Rules/Government Orders. Consequently, on these terms an advertisement dated 11.9.1997 was issued by the office of Director of Higher Education U.P. at Allahabad. Applications were invited till 30th September, 1997. Adhoc appointment was to be made till 30th June, 1998 or till a regularly selected candidate is sent by the Commission, whichever is earlier. Age limit, qualifications, and procedure of making applications were specified. Fee receipt of Rs.9/- issued by the treasury, was to be annexed. A declaration was to be made that information furnished therein, is correct. Signatures along with date of making application was to be mentioned. The application was to be sent by registered post to the office of Director, Higher Education, U.P. along with self stamped envelope.