T.S.Misra, J. - (1.) This petition under Article 226 of the Constitution arises in the following circumstances:-
(2.) There are 67 Industrial Training Institute in Uttar Pradesh in which there are 26,560 sanctioned seats in 43 Engineering and Non-Engineering Trades, Such an Industrial Training Institute also exists at Faizabad where training is imparted in 11 Engineering and Non-Engineering Trades. Three hundred and ninety-two total seats are sanctioned for the Institute out of which 160 seats are sanctioned for the second year classes. In August 1970 admissions were required to be made only against 232 seats in ten Trades vide admission circular of the Directorate of Training and Employment, Lucknow Dated 26th June, 1979. The State Government has appointed an Advisory Committee vide G. O. No. 2278/36.6.36 (T)/79 dated 26th June, 1978 to study the need of the industry in the region and suggest measures to adopt the training programmes to meet local requirements. The functions of this Advisory Committee have been stated in the said Government Order. One of the functions of the Advisory Committee is to select boys on the basis of their merit for receiving training at the Institute. Such an Advisory committee is also constituted at Faizabad. The Principal is required to prepare a list of the candidates in accordance with their merit and then place it before the Advisory committee. The committee is to check and ensure that the admissions are made strictly according to the merit and according to the Government Order on the subject. The State Government vide G. O. No. 2582/36-6-33 (T) 76 dated 25th August 1977 had decided for the reservation of seats in Industrial Training Institutes at the time of admission.
(3.) It appears from the supplementary counter-affidavit that 2937 application forms were sold from the Industrial Training Institute, Faizabad up to 25th July, 1979 and that 2059 application forms were received up to 30-7-1979. These applications were scrutinised and checked under the guidance of the Principal, Industrial Training Institute, Faizabad and were sorted out in different categories. The percentage of marks in case of each candidate in the qualifying examinations or in any higher examination were calculated and finally the merit lists were prepared on the basis of their highest percentage of marks as per instructions contained in the admission circular of the Directorate dated 29th June. The Advisory Committee was to finalise the main lists of 232 candidates on the basis of merit lists and another waiting list of 161 candidates was to be drawn up on the basis of the merit list. The principal placed the merit list prepared by him before the Advisory committee on 9th August. 1979. It is further revealed from the said supplementary counter-affidavit that all the application forms received in the said institute were also put up before the Advisory Committee on 9th August, 1979 and the members of the committee were apprised of the instructions of the Government in connection with admissions. The members of the committee checked various application forms. The Chairman of the committee at Faizabad is a non-official member. It so happened that in the meeting held on 9th August, 1979 the majority of the members present were non-official. It is averred in the supplementary counter-affidavit that they did not agree to approve the lists for admission in toto which were prepared by the principal according to the instructions of the Government and after a long discussion and persuasion by the principal the committee agreed to approve the names of 175 candidates on the basis of merit. However only 102 candidates turned up for admission out of those 175 candidates. They were duly admitted. In this connection it is further averred that in spite of the opposition by the Principal the Chairman was authorised to prepare a second list of candidates to accommodate their own recommendation irrespective of the merit of the candidates vide the minutes of the meeting of the Advisory Committee dated 9th August, 1979 a copy of which is Annexure A-3 to the counter-affidavit. It further appears that a supplementary list of 292 candidates on 27th August, 1979 was prepared by the Chairman in consultation with the non-official members. Out of these 292 candidates a list of 135 candidates was declared under the signature of the principal whereas a list of remaining 157 candidates was declared under the signature of the Chairman only and the Principal refused to sign that list of 157 candidates. It is averred that the principal was asked to admit all the candidates of the supplementary list. The principal, however, did not agree to admit the candidates who were of the lower merit. The principal also did not agree to increase the number of admissions beyond the number of sanctioned seats. However, as 31st August, 1979 was the last date for admission, hence it is averred, that the principal under duress and threat had to admit 222 candidates out of the list of 292 who were available on 31st August, 1979. It is in this way that 324 candidates had to be admitted up to 31st August, 1979 against the sanctioned strength of 232 seats: consequently, on 4th September, 1979 the Deputy Director, Varanasi Zone was apprised of the circumstance in which admissions had to be made in contravention of the Government Order. Eventually through the Director of Training and Employment U. P., Lucknow the matter was brought to the notice of the Secretary. Department of Labour of the State Government and then a decision was taken by the State Government that all admissions which had been made otherwise than in accordance with the instructions laid down by the State Government and the G. O. Annexure A-2 dated 26th June. 1978 and were not in accordance with merit should be cancelled and thereupon necessary instructions were issued telegraphically to the principals to cancel such irregular admissions and proceed to fill up the vacant seats by admitting candidates in accordance with merit; hence the Principal of the Institute at Faizabad by his order dated 11th October, 1979 circulated a list of person who had been irregularly and illegally recommended for admission and whose admissions were sought to be cancelled. The Principal has averred that in spite of his best endeavour to have the notice and order served individually on each candidate he could not succeed as none of the candidates in spite of the fact that they had read the order refused to acknowledge the same and the said order along with the list of candidates whose admissions were cancelled was also notified on the notice board. After the cancellation was made, as many as 68 students were admitted on the basis of their merit and it is alleged that these students are being trained in the trades of their choice. The petitioners being aggrieved by the order of cancellation of their admission have filed the instant petition.;