Ranjana Pandya, J. - (1.) WRIT Petition No. 48034 of 2014 has been preferred by the Committee of Management of DAV Post Graduate College, Gorakhpur through its Secretary/Member Sri Ranvir Shankar for quashing of the order dated 26 August 2014 passed by the Director, Higher Education, U.P. at Allahabad wherein he has given directives for ensuring functioning of Dr. Rama Shankar Rai as Principal of the aforementioned college and for ensuring payment of salary for the period starting w.e.f. 20 June 2009 to 25 June 2009 as well as the consequential order dated 29 August 2014 passed by the Regional Higher Education Officer, Gorakhpur addressed to the Management in question with the direction that failing compliance action would be taken against the institution concerned. Writ Petition No. 10441 of 2015 has been filed by Dr. Rama Shankar Rai with the prayer to direct the Committee of Management of DAV Post Graduate College, Gorakhpur to comply with the order passed by the Director, Higher Education, U.P. and allow him to work as Principal of the aforementioned institution and to ensure payment of salary to him from 26 April 2012 and other allowances as and when due.
(2.) BRIEF background of the case giving rise to both these instant writ petitions are that in the district of Gorakhpur there is a college known as DAV Post Graduate College, Gorakhpur affiliated to Dr. Bhim Rao Ambedkar University, Gorakhpur, and the affairs of the said institution is to be run and managed strictly in consonance with the provisions as contained under U.P. State Universities Act 1973 and the First Statutes framed thereunder. Selection and appointment of principal and teachers in the institution in question is governed by the provisions of U.P. Higher Education Services Commission Act 1980 and the rules framed thereunder. In the institution in question post of Principal had fallen vacant and the said post in question has been subject -matter of selection in advertisement No. 25 issued by the U.P. Higher Education Services Commission and in the said selection Dr. Rama Shanakr Rai was selected and recommended by the U.P. Higher Education Services Commission for being appointed as Principal of the institution. Pursuant to the said recommendation, so made, appointment letter was issued to Dr. Rama Shanakr Rai who joined as Principal on 27 July 1993 and continued to function in the said capacity in the institution in question. It appears from the record in question that relationship in between the Managing Committee of the institution concerned as well as Dr. Rama Shanakr Rai has not at all been smooth and cordial and this fact is also fully reflected from the fact that in paragraph 7 of the writ petition, filed on behalf of Committee of the Management of the institution, it has been mentioned that since the year 1993 up to 19 June 2009 the conduct of Dr. Rama Shanakr Rai has always been under dispute due to his illegal activities and unbecoming behaviour and misconduct and as far as Dr. Rama Shanakr Rai is concerned he has also been levelling counter allegations of mismanagement by the Committee of Management of the institution in question and thus both were not seeing each other eye to eye.
(3.) THE fact of the matter is that Dr. Rama Shanakr Rai continued to function in the institution in question and then advertisement No. 39 dated 24 April 2005 has been issued by the U.P. Higher Education Services Commission for 69 posts of principals in post graduate colleges (Male), 18 posts of principals in post graduate colleges (female), 42 posts of principals in degree colleges (Male) and 11 posts of principals in degree colleges (female) and by Corrigendum dated 23 February 2006 the number of posts were modified to the effect that 81 posts of principals in post graduate colleges (Male), 17 posts of principals in post graduate colleges (Female), 47 posts of principals in degree colleges (Male) and 12 posts of principals in degree colleges (Female) was issued. Pursuant to the said advertisement in question Dr. Rama Shanakr Rai also applied for consideration of his candidature for the post of principal and when the result in question has been declared, in the said result Dr. Rama Shankar Rai was also shown to have been selected but before appointment orders could be issued in favour of those included in the select list number of complaints were received against the selection and appointment made by U.P. Higher Education Services Commission alleging therein large scale irregularities and malpractices of serious nature in the selection procedure and demanding an inquiry into the same and the State Government, accordingly, directed the Divisional Commissioner, Allahabad to hold an inquiry into the allegations and to submit a report within 15 days. The Divisional Commissioner in his turn asked for certain information from the U.P. Higher Education Services Commission in connection with the inquiry with a copy to the Director, Higher Education, requesting him to show restraint in issuing the placement orders in terms of the recommendations received from the U.P. Higher Education Services Commission.;