DEVI PRASAD SINGH,J. - (1.) DISPUTE relates to appointment on the post of Professor of Electrical Engineering in Harcourt Butler Technological Institute, Kanpur ( In short, HBTI, Kanpur), an institute affiliated with U.P. Technical University, Lucknow (In short, university). HBTI, Kanpur is a society, registered under the Societies Registration Act, 1960, fully controlled and managed by the Board of Governors funded by the State Government.
(2.) THE substantial question of law of public importance involved is as to : "whether, once an approval is granted by the Chairman of the Board of Governors, in the present case, Minister/Chief Minister in accordance with rules, then the approval so granted may be reviewed with disapproval of selection and appointment merely because of change of government, more so in absence of any material which may be adverse and calling for interference with the earlier decision ? The HBTI, Kanpur is governed by the Governing Body of the society having power and superintendence, direction and control and also to manage the moveable and immoveable property vested in it. According to the Article of Association, the Board is composed of following persons : I)Chairman : Minister for Technical Education, U.P. (ii)Vice Chairman : Secretary, Technical Education, Deptt. Of U.P. (iii)Member : Secretary, Finance Department, U.P. or his nominee, not below the rank of Joint Secretary (iv)Member : Director, Indian Institute of Technology, Kanpur. (v)Member : Vice Chancellor, Roorkee University, Roorkee. (vi)Member : Director of Technical Education, U.P. Kanpur. (vii)Member :A Nominee of the All India Council of Technical Education (viii)Member : One eminent technologist/engineer having specialisation in the field advent to the Institute/College to the nominated by the Board. (ix) Member : Vice Chancellor of University to which the College/Institution is affiliated. (x) Member : One Head of the Department of the college/Institution not below the rank of Professor to be nominated by the Board for one year by rotation in order of seniority (xi) Three eminent persons in the field of Technical Education to be nominated by the State Government. (xii) Member : One eminent person from industry to be nominated by the State Government. (xiii) Member Secretary : Director of the Institute. Under the Memorandum, the Board of Governors approve a selection made by the duly constituted Selection Committee of posts exceeding maximum scale of Rs.3,500/-.
(3.) THE petitioner, who is an Associate Professor in the Department of Electrical Engineering, Thapar University, Patala has done B. Tech., M.E. and Ph. D in Engineering and having more than fourteen years of teaching experience.;