Selection; Veerendra Kr. Gautam Vs. Karuna Nidhan Upadhyay [Supreme Court of India, 15-07-2016]

U.P. State Universities Act, 1973 – U.P. Higher Education Services Commission Act, 1980 – Uttar Pradesh Higher Education Services Commission (Procedure for Selection of Teachers) Regulations 1983 – Regulation 6 – Procedure for selection – Selection and appointment in the post graduate and degree colleges – The U.P. Higher Education Service Commission shall consider and frame appropriate guidelines for conduct of interview for selection on the post of Principal of Postgraduate/Degree Colleges in accordance with law as mandated by Regulation 6(2) of the 1983 Regulations and further take early steps for filling the vacant posts of Principal of Postgraduate/Degree Colleges in accordance with law.


IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

[Fakkir Mohamed Ibrahim Kalifulla] and [S.A. Bobde] JJ.

July 15, 2016

CIVIL APPEAL NO.3361 OF 2015

Veerendra Kr. Gautam and others …Appellants VERSUS Karuna Nidhan Upadhyay and others …Respondents

With

C.A. No. 3363/2015, C.A. No. 3364/2015, C.A. No. 3365/2015, C.A. No. 3366/2015, C.A. No. 3367/2015, C.A. No. 3368/2015, C.A. No. 3369/2015, C.A. No. 3370/2015, C.A. No. 3371/2015, C.A. No. 3372/2015, C.A. No. 3373/2015, C.A. No. 3374/2015, C.A. No. 3375/2015, C.A. No. 3376/2015, C.A. No. 3377/2015, C.A. No. 3378/2015, C.A. No. 3379/2015

J U D G M E N T

Fakkir Mohamed Ibrahim Kalifulla, J.

1. These appeals are directed against the common judgment of the Division Bench of the High of Allahabad dated 23.04.2012 in Writ Application No.34198 of 2008 etc. batch, by which, the Division Bench dealt with the challenge made to the selection dated 15.05.2007, to the post of Principals in the Degree Colleges in the State of Uttar Pradesh and the selection dated 30.06.2008 and 02.07.2008 to the post of Principals in different Post Graduate Colleges also in the State of Uttar Pradesh. While dealing with the said challenges made, the Division Bench ultimately set aside the select list dated 30.06.2008 and 02.07.2008 as well as the select list dated 15.05.2007 in respect of the Principals to P.G Colleges and degree colleges respectively by allowing W.P.No.34198 of 2008 along with connected writ petitions of Group-I and writ petition No.44358 of 2007. By the very same impugned judgment the Division Bench also dealt with another writ petition in W.P.No.70062 of 2006, by which, some of the selected candidates applied for Mandamus to give effect to the recommendations dated 15.05.2007 and simultaneously prayed for quashing the order of the State Government dated 12.06.2007, by which the State Government appointed the Divisional Commissioner, Allahabad to hold the preliminary enquiry regarding allegations against the selection dated 15.05.2007. In the very same writ petition, prayer was also made for quashing the order dated 16.06.2007 of the Divisional Commissioner by which certain information was called for from the Uttar Pradesh Higher Education Services Commission, Director of Education, who also issued a direction not to give any posting in pursuance of the select list dated 15.05.2007.

2. Brief facts which are required to be stated are that there were many number of post graduate and degree colleges situated in the State of U.P. affiliated to the University Governed by U.P. State Universities Act, 1973. The selection and appointment in the post graduate and degree colleges were earlier made by the respective colleges in accordance with the provisions of the

U.P. State Universities Act, 1973

(hereinafter called the ‘1973 Act’). As there were numerous complaints regarding the selection of candidates for both the post of Teachers as well as the Principals in the post graduate colleges as well as the degree colleges, the State Government enacted

U.P. Higher Education Services Commission Act, 1980

(hereinafter called the 1980 Act) to establish a Service Commission for the selection of Teachers which includes the post of Principals for appointment to the colleges affiliated to or recognized by the University under the 1973 Act. The Commission consisted of a Chairman and not less than two and not more than six members to be appointed by the State Government. The management of the colleges were expected to intimate the existing as well as future vacancies in the course of the ensuing academic year to the Director of Education and the Director in turn was required to notify the vacancies to the Commission. The Commission thereafter undertakes the process of selection in accordance with the Act, Rules and Regulations. At this juncture, it is necessary to note the relevant provisions of the 1980 Act as well as the relevant provisions in the Regulations and the Rules formulated under the provision of the 1980 Act.

3. Under Section 4(1) of 1980 Act it is stipulated that the Commission shall consist of a Chairman and not less than two and not more than six other members to be appointed by the State Government. Sub Section (2) of Section 4 prescribes the qualification for appointment as a Chairman. What is relevant for our purpose is Section (4)(2)(e) as per which, a person will be held to be qualified to be appointed as Chairman, if he is in the opinion of the State Government an eminent person having made valuable contribution in the field of education. Sub-Section (2-a) of Section 4 prescribes the qualification for appointment of members. Here again, under Section 4(2-a)(g) it is stipulated that a person shall be qualified for appointment as a member if in the opinion of the State Government he is an eminent person having made valuable contribution in the field of education. Section 8 of the Act prescribes that no act or proceeding of the Commission shall be deemed to be invalid merely on the ground of any defect or irregularity in such act or proceeding not affecting the substance. It also stipulates that such invalidity will not take place on the ground of any vacancy or defect in the constitution of the Commission or any defect or irregularity in the appointment of a person acting as a member thereof. The powers and duties of the Commission have been set out in Section 11. Under Section 11(b), the Commission is empowered to conduct examinations, where consider necessary, hold interviews and make selection of candidates for being appointed as such Teachers. Under Section 12(4) it is stipulated that the manner of selection of persons for appointment to the post of a Teacher of a College shall be, as may be determined by the Regulations. Under Section 31, the Commission has been empowered, with the previous approval of the State Government, to make Regulations, among other things for conducting examinations, holding interviews and for laying down the procedure to be followed by the Commission for discharging its duties and performing its functions under the Act.

4. By virtue of the powers under Section 31 of the 1980 Act, the