JUDGEMENT
DR DHANANJAYA Y CHANDRACHUD,J -
(1.) Leave granted.
(2.) The appeal in the present case arises from the judgment of a Division Bench of the High Court of Uttarakhand dated 28 December 2011 In Writ Petition No 429 of 2006. The High Court
quashed a Resolution dated 29 July 2006, being Resolution No. 23 of the 76 th
General Meeting of the Executive Council of the Second Respondent Hemwati Nandan Bahuguna Garhwal University, Srinagar. By that
resolution, the College Development Council CDC was terminated with immediate
effect. The Appellant, who was a Director of the CDC, has filed the present appeal,
aggrieved by the direction of the High Court that while the CDC will continue, it will
be without the Appellant as its Director.
(3.) On the request of the Second Respondent, the University Grants Commission UGC agreed to set up a CDC if an assurance was communicated by the
Government of Uttar Pradesh that it would bear the financial liability after 31 March
1995. By a letter dated 31 October 1991, the Government of Uttar Pradesh agreed to bear all the expenses incurred on the post of Director, CDC after 31 March
1995. By a letter dated 07 November 1991, the UGC agreed to the request of the University to set up a CDC with two posts (i) A Director in the Professor's scale;
and (ii) A stenographer. An advertisement inviting applications for the above posts
was issued on 06 January 1992. The Appellant was appointed as Director, CDC
through open selection by an office order dated 02 November 1992 of the Second
Respondent. On 23 January 1996, the Appellant was permanently absorbed.;
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