- (1.) THE petitioner has sought the quashing of the order dated 6th August, 2005 passed by the Director of Education (Higher Education), Allahabad (hereinafter referred to as the "Director') by which, pursuant to the order dated 29th July, 2005 issued by the State Government, the Manager of the Committee of Management of Nagrik Degree College, Janghai, Jaunpur has been directed to cancel the appointment of the petitioner as Principal of the said College consequent to the cancellation of the placement of the petitioner by the Director.
(2.) THE Director, after having received the list of selected candidates from the Higher Services Commission (hereinafter referred to as the "Commission') established under Section 3 of the Uttar Pradesh Higher Education Services Commission Act, 1980 (hereinafter referred to as the "Act'), issued the order dated 3rd August, 1995 for placement of the petitioner as Principal in Ganesh Shanker Vidhyarthi College, Kanpur Dehat. This selection was made by the Commission pursuant to Advertisement No. 21 of 1995 issued on 31st January, 1995. The petitioner did not join the College. Thereafter, placement orders were issued by the Director for appointment of the petitioner as Principal for Maharishi Dayanand Mahila Maha Vidyalaya, Mau and Mahila Maha Vidyalaya, Bahraich pursuant to fresh selections made by the Commission on the basis of Advertisement No. 25 of 1998 in which the petitioner had also applied, but the petitioner did not join the said Colleges. Subsequently, after a gap of about nine years, the Director reverted to the selection made by the Commission against Advertisement No. 21 of 1995 and issued the order dated 12th January, 2004 for placement of the petitioner as Principal in the Nagrik Degree College, Janghai, Jaunpur under Section 13(3) of the Act as a vacancy had arisen in the said College on account of the resignation submitted by the Principal of the said College. The management of the College consequently issued appointment order in favour of the petitioner. It is this placement order dated 12th January, 2004 that was cancelled by the Director by the order dated 6th August, 2005 as it was found to be in violation of the provisions of the Act and a direction was issued to the College to cancel the appointment of the petitioner. It needs to be noticed that the Act deals with the establishment of the Commission for the selection of teachers including Principals and for making recommendation to the management of the colleges affiliated to or recognised by the University for making appointment and for matters connected therewith or incidental thereto. Prior to the enactment of the aforesaid Act, the appointment to the post of teachers in the Non-Governmental Colleges affiliated to the various Universities in the State of Uttar Pradesh was made by the Selection Committee of the management of the concerned college but for various reasons, the said process was not found to be congenial and the aforesaid Act was enacted. Sections 12, 13 and 14 of the Act which deal with the procedure for appointment of teachers, recommendation of the Commission and duty of management respectively were amended by UP. Act Nos. 2 of 1992 with effect from 22nd November, 1991. The amended Section 12 of the Act provides that every appointment as a teacher of any college shall be made by the management in accordance with the provisions of the Act and any appointment made in contravention thereof shall be void. The management is required to intimate the existing vacancies and the vacancies likely to be caused during the course of the ensuing academic year to the Director who shall notify to the Commission, a subject-wise consolidated list of vacancies intimated to him by the colleges. The Commission then is required to give wide publicity of the vacancies and the candidates have to indicate their order of preference for various colleges, vacancies wherein have been advertised. The amended Section 13 of the Act provides that the Commission shall, after holding interview of the candidates (with or without written examination) send to the Director a list recommending such number of names of candidates found most suitable in each subject. Such names shall be arranged in order of merit and the list sent by the Commission shall be valid till the receipt of a new list from the Commission. Sub-Section (3) of Section 13 of the Act provides that the Director shall, having due regard to the order of preference indicated by the candidates, intimate to the management the name of a candidate from the list for being appointed in the vacancy intimated under Section 12(2) of the Act. Sub-section (4) of Section 13 of the Act, however, provides that where a vacancy occurs due to death, resignation or otherwise, during the period of validity of the list referred to in Section 13(2) of the Act and such vacancy has not been notified to the Commission under Section 12(3) of the Act, the Director may intimate to the management the name of a candidate from such list for appointment in such vacancy. The amended Section 14 of the Act provides that the management shall, within a period of one month from the date of receipt of intimation under Section 13 of the Act, issue appointment letter to the person whose name has been intimated. However, where such person fails to join the post within the time allowed in the appointment letter or within such extended time as the management may allow, or where such person is not available for appointment, the Director shall, on the request of the management, intimate a fresh name from the list sent by the Commission.
(3.) IN the present case, Advertisement No. 21 of 1995 was issued by the Commission on 31st January, 1995 for the post of Principals of both male and female Post Graduate Colleges and Degree Colleges. The number of posts for general and reserved categories were also mentioned. The petitioner applied for the post of Principal in a male Degree College. The Commission, after making the selection, sent the list of Principals for male Degree Colleges to the Director on 7th July, 1995 in which the petitioner was placed at Serial No. 10. The Director, thereafter, issued the order dated 3rd August, 1995 for placement of the petitioner as Principal of Ganesh Shanker Vidyarthi Degree College, Kanpur Dehat. It is the case of the petitioner that since the said College did not issue appointment letter to the petitioner, she joined as Principal in Bajrang Post Graduate Degree College, Kunda, Pratapgarh on 23rd May, 1996. The Committee of Management of this College and the petitioner then filed Writ Petition No. 1475 (SB) of 1998 before the Lucknow Bench for issuance of appropriate directions to the Director as the Director had not issued any placement order in favour of the petitioner for this College. It is further stated that in the meantime Advertisement No. 25 of 1998 was issued by the Commission on 13th August, 1998 for filling up posts of Principals of both male and female Post Graduate Colleges and Degree Colleges in the following manner: 1. Post Graduate College (male) - 49 (all aided colleges) 2. Post Graduate College (female) - 06 (all aided colleges) 3. Degree College (male) - 60 (17 aided colleges + 43 unaided colleges) 4. Degree College (female) - 24 (6 aided colleges + 18 unaided colleges) Out of these Colleges, two Post Graduate Colleges and two Degree Colleges were transferred to the State of Uttaranchal in 2000.;