- (1.) BY means of this writ petition the petitioner has prayed for Issue of a writ of certiorari quashing the notification dated 25-3-1989 and advertisement dated 20-5-1989 so far it relates the possession of a doctorate degree or research work of a High standard in the relevant subject as one of the minimum qualifications for appointment to the post of lecturer in Degree Colleges/Post Graduate Colleges affiliated to or associated with the various State Universities. He has further prayed for a writ of mandamus commanding the opposite parties to consider the application of the petitioner for appointment on the post of lecturer on the basis of relaxation clause as if stood before enforcement of above mentioned amendment. It has also been prayed that the amendment may be struck- down.
(2.) RULE 3 of the Uttar Pradesh Higher Education Service Commission (Procedure for Selection of Teachers') Regulations, 1983 provides the qualification and experience etc for appointment as a teacher as given in the statute referred to in section 50 of the Uttar Pradesh State Universities Act, 1973. The first statute of all the State Universities provides for possession of a Doctorate Degree of research work of a high standard in the relevant subject as one of the minimum qualifications for appointment to the post of Lecturer in the Faculty of Arts, Science and Commerce in the Degree Colleges. In exercise of powers under sub-section (1J-A of section 50 of State Universities Act as amended State Universities Act, 1974 read with General Clauses Act, the State Government amended the First Statute of the State Universities vide notification dated 25th March, 1989 deleting the possession of a doctorate degree or research work of a high standard in the relevant subject as one of the minimum qualifications for appointment to the post of Lecturer. On behalf of the petitioner it was contended that the said amendment is in derogation of Clause I of section 7 of the U. P. State Universities Act, 1973 and the same affects the provisions enabling the Selection Committee to relax the possession of other minimum qualifications on the ground that it was of the view that the research work of a candidate as evident from his thesis or from his published work is of a very high standard and the same also infringes the autonomy of the university and is absolutely illegal, arbitrary and has no nexus with the object sought to be achieved. Section 21 of the General Clauses Act itself provides powers to issue, to include power to add to amend, very or rescind, notifications, orders, rules or by-laws. Thus the power to frame statute is conferred upon the State Government. Consequently the State Government had power to amend, modify, add, rescind or very the said statutes and in exercise of those powers the State Government modified the said statute. The amended statute will consequently be relatable to Rule 3 of Uttar Pradesh Higher Education Service Commission (Procedure of Selection of Teachers) Regulations, 1983.
(3.) UNDOUBTEDLY the universities are Body Corporate and are governed by the Uttar Pradesh State Universities Act. In view of section 12 of U. P. Higher Education Services Commission Act, 1980, every appointment as a teacher of any college shall, after the date notified under sub-section (1) of section 3, shall be made by the management only on the recommendation of the Commission. Said section 12 of the Act reads as under ; "12. Management to make appointments etc. only on the recommendations of Commission- (1) Notwithstanding anything to the contrary contained in the Uttar Pradesh State Universities Act, 1973 or In the statutes made there under, (but subject to the provisions of sections 16, 31-A and 31-B) filed under sub-section (1) of section 3, be made by the management only on the recommendation of the Commission. (2) For the purpose of making appointment of a teacher under subsection (1), the management shall notify the vacancy to the Commission. (3) The manner of selection of persons for appointment to the post of teachers of a college shall be such as may be determined by regulations. Provided that the Commission shall, with a view to inviting selected persons give vide publicity in the State to the vacancies notified under sub-section (2). (4) The provisions of this section shall not apply to the appointment of a teacher, vacancy in respect where of has been advertised in accordance with sub-section (10) of section 31 of the Uttar Pradesh State Universities Act, 1973 at any time before the commencement of this Act. (5) Every appointment made in contravention of the provisions of this section shall be void." In view of section 12 of the Act referred to above, no appointment can be made except in accordance with the act and rules framed under the Act and if same is done, it will be void. The validity of section 12 of the Act has not been challenged in this case. Section 31 of the said Act provides power to make regulations. The same reads as under : "31. Power to make regulations. (1) The Commission may, with the previous approval of the State Government, make regulations, prescribing fees for holding selections, conducting examinations where necessary, holding interviews and laying down the procedure to be followed by the Commission for discharging its duties and performing its function under this Act. (2) The regulations made under sub-section (1) shall not be inconsistent with the provisions of this Act or the rules made under section 32." It is under section 31 of the U. P. Higher Education Services Commission Act, 1980 that the U. P. Higher Education Services Commission (Procedure for Selection of Teachers) Regulations, 1983 have been framed. As has been observed earlier, the power to frame regulations or statutes, to amend, very or recind notifications, orders rules or bye-laws vests in the State Government. The statutes having been amended, they are relatable with the U P. Higher Education Services Commission Act. Consequently the plea that it interfers with the autonomy of the university fails. Similarly in view of section 12 which has to be read with regulations referred to above, the provisions regarding relaxation of certain qualification is rendered redundant. These regulations and statutes have undoubtedly been framed in exercise of powers delegated and this delegatory legislation is relatable to the Act itself and will form part of the statutes in so far as same is not inconsistent with the Act. As such it cannot be held to be arbitrary or illegal. In view of what has been stated above, the notification dated 25-3- 1989 made in exercise of amended Regulations cannot be challenged to be illegal, invalid or arbitrary.;