- (1.) A The issue Both these writ petitions under Article 226 of the Constitution have called into question the appointment of Dr Anil Kumar Yadav as Chairperson of the Uttar Pradesh Public Service Commission, Commission. In both petitions, a writ of quo warranto has been sought with a consequential direction for setting aside a notification dated 2 April 2013 appointing him to the post of Chairperson under Article 316 of the Constitution. In the first petition, a declaration has been sought in addition, that the appointment is ultra vires Article 316. The petitioner before the Court in the first writ petition is an Advocate, practising before this Court. The second of the two writ petitions has been instituted by eight petitioners, among them being a former Director General of Police of Punjab. Joining him in the writ petition, are former Secretaries to the Union and State Governments, officers of the State including a former Director General of Police, a former Director General of the Border Security Force and a Vice Chancellor Emeritus of Birla Institute of Technology. For convenience of reference, the Chairperson of the Commission, whose appointment has been questioned, would be referred to as the first respondent in accordance with the array of parties in the first writ petition. B Facts
(2.) The first respondent was appointed as a member of the Commission on 28 November 2006 and joined on 2 December 2006. His term as member came to an end on 1 December 2012. A vacancy in the office of Chairperson of the Commission was to arise on 31 March 2013 following the completion of the term of the Chairperson. The State Government received bio-datas of eighty-three persons who had either expressed their willingness to be appointed to the post of Chairperson or had "recommendations" to back their candidature.
(3.) On 29 March 2013, a note was put up by the Officer on Special Duty of the Department of Personnel of the State Government to the Principal Secretary (Appointments and Personnel) stating that the post of Chairperson and three posts of members (one of them from the official category and two from the non-official category) were required to be filled up. The posts of members had already fallen vacant whereas the post of Chairperson was, it was stated, to fall vacant on 31 March 2013 following the completion of the term of Shri Malkiyat Singh, the then Chairperson. The file note indicated that a nomination would have to be made by the Chief Minister before a proposal was submitted to the Governor of the State. The Principal Secretary and the Chief Secretary endorsed the file on the same day, 29 March 2013. On 29 March 2013 itself, the Chief Minister nominated the first respondent to the post of Chairperson against the vacancy which was to occur on 31 March 2013. The then Governor of the State of Uttar Pradesh approved the proposal on 31 March 2013. On 31 March 2013, the Officer on Special Duty of the State Government addressed a communication to the Collector and District Magistrate, Mainpuri directing him to inform the government by a return facsimile communication on the same day as to whether there was any material adverse to the antecedents or character of the first respondent who was described as the Principal of Shri Chitragupt Post-graduate Degree College, Mainpuri. On 31 March 2013, the Lekhpal submitted a report stating that nothing adverse to the antecedents and character of the first respondent had been found and that the first respondent had filed an affidavit before him stating that there was nothing adverse to him or against him. The report of the Lekhpal was forwarded by the Tehsildar, Mainpuri to the Sub-Divisional Magistrate who, in turn, forwarded it to the Collector and District Magistrate on the same day. The date on which the enquiry took place was a Sunday. On 1 April 2013, the Collector, Mainpuri submitted his report to the Officer on Special Duty, Appointment Section-IV, stating that the Tehsildar had, in his report, indicated that nothing adverse was found against the first respondent. Following this, the appointment of the first respondent was notified on 1 April 2013. C The challenge to the appointment;