- (1.) THIS petition under Article 226 of the Constitution of India seeks issuance of a writ in the nature of certiorari quashing the orders dated 11-4-2000 and 12-7-2000 being annexures V and VI to the petition passed by respondents No. 1 and 2 respectively. By the order dated 11-4-2000 (Annexure V to writ petition) the State Government have accorded approval to the transfer and posting of the petitioner from the post of Principal of Dayanand College of Law, Kanpur in the same capacity to Nagrik Degree College, Janghai, Jaunpur. The order dated 12-7-2000 (Annexure VI to the writ petition) is a consequential order issued by the Director of Higher Education, U. P. Allahabad and is addressed to the Secretary/manager, Dayanand College of Law, Kanpur to relieve the petitioner from the post of Principal of Dayanand College of Law, Kanpur so as to enable him to join as Principal in Nagrik Degree College, Janghai, Jaunpur. The petitioner, it appears from the averments made in writ petition was relieved by the order dated 15-10-2000 passed by Shri Jagendra Swaroop claiming himself to be the Secretary of Dayanand College of Law, Kanpur in compliance with the orders dated 11-4-2000 and 12-7-2000 and was directed to handover the charge of the office of the Principal to the respondent No. 6.
(2.) WE have had heard learned Counsel for the parties. It has been submitted by the learned Counsel appearing for the petitioner that upon his selection by the U. P. Higher Education Service Commission, the petitioner was appointed by the Manager of the college on the post of Principal, Dayanand College of Law, Kanpur way back on 11-12-1995 pursuant to the recommendation made by the Director of Higher Education dated 3-8-1995. The State Government have no jurisdiction to transfer and post the petitioner at another college. Learned Counsel appearing for respondents clearly conceded that the U. P. Higher Education Commission Act, 1980 and Regulations made thereunder do not provide for appointment of Principal of a college affiliated/associated to any State Universities by transfer, In the writ petition No. 40395 of 2000, Committee of Management of Swemi Sahjanand Purvanchal University, Ghazipur v. Purvanchal University, Jaunpur and others, decided on 8-11-2000 we have taken the view that the appointment by transfer decided on 8-11-2000 we have taken the view that the appointment by transfer against substantive vacancy is void in view of Section 12 of the Act. It has however, been submitted that the petitioner was not qualified being appointed at Law College and hence in the circumstances, this Court may not interfere with the order passed by the State Government which is in the nature of a placement order. In separate judgment of date passed in writ petition No. 48183 of 2000 we have repelled the contention that the petitioner was not qualified for being appointed as Principal of the Law College. The petitioner after being selected by the Higher Education Service Commission was placed at Dayanand College of Law, Kanpur in 1995, and therefore, there was no question of his placement in any other college. The Slate Government have no jurisdiction to pass any such order under provision of the U. P. Higher Education Service Commission, 1980 not it has any such jurisdiction under U. P. State Universities Act, 1973. In the circumstances, therefore, the impugned order deserves to be quashed. Accordingly, the writ petition succeeds and is allowed: The impugned orders are quashed. Respondents are directed not to interfere with the functioning of the petitioner as Principal of the Dayanand College of Law, Kanpur. Petition allowed. .;