- (1.) CIVIL Misc. Writ Petition No. 52989 of 2014 has been filed by R.N.Mall and six others for following relief: "(a) A writ order of direction in the nature of certiorari quashing the impugned order dated 01.09.2014 (Annexure -12 to the Writ petition) and order dated 22.07.2014 (Annexure -11 to the writ petition) passed by respondent no. 3 as well as Government Order dated 11.11.2013 having its letter no. 2164(1)/Solah -1 -2013 (14)/2012 (Annexure -8 to the writ petition) issued by the respondent no. 1. (b) A writ order or direction in the nature of manadamus commanding the respondent no. 2 to reconsider case of the petitioners and pass appropriate order for granting next higher AGP under the Career Advancement Scheme as per Regulations 2010 and grant benefits as admissible under law and also as per recommendation made by a duly constituted "Section Committee" dated 12/13th July, 2012 to the petitioners. (c) Any other writ order or direction which this Hon'ble Court may deem, fit and proper in view of the facts and circumstance of the case."
(2.) CIVIL Misc. Writ Petition No. 55117 of 2014 has been filed by Dr. Sri Ram and two others for following relief: (1) Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the Decision dated 23/24.08.2014 of the Board of Management of the Madan Mohan Malaviya University of Technology, Gorakhpur rejecting recommendations dated 13.07.2012 of the Selection Committee recommending names of petitioners for promotion as Professor in Pay Scale of Rs. 37400 -67000 with AGP of Rs. 10000/ - under Career Advancement Scheme w.e.f. 1.1.2009 [Annexure No. 10 to the writ petition]. (2) Issue a writ order or direction in the nature of certiorari calling for the record and quashing the Circular dated 1.9.2014 issued by the Registrar of the Madan Mohan Malaviya University of Technology, Gorakhpur [Annexure No. 12 to the Writ Petition.] (3) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to consider forthwith the recommendations dated 13.07.2012 of the Selection Committee recommending names of petitioners for promotion as Professor in Pay Scale of Rs. 37400 -67000 with AGP of Rs. 10000/ - under Career Advancement Scheme w.e.f. 1.1.2009 strictly in accordance with Regulations of All India Council for Technical Education and Government Orders application at the relevant time and pass appropriate order of promotion. (4) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
(3.) BOTH the writ petitions, vide order dated 15.10.2014 have been directed to be taken up together and as such both the writ petitions as they raise common issues have been taken up together. Brief background of the case, as common to both writ petitions, are that the Madan Mohan Malviya Engineering College, Gorakhpur has been autonomous Institution established in the year 1962 and the said Engineering College was being run by registered societies fully financed by Government strictly in consonance with model bye laws that has been provided for Engineering college/institutes of Uttar Pradesh. An act known as the All India Council for Technical Education Act, 1987, in short (Act No. 52 of 1987) to provide for the establishment of an All India Council for Technical Education with a view of proper planning and coordinated Development of the Technical Education system throughout the Country, the promotion of qualitative Improvements of such education in relation to planned quantitative growth and the Regulation and proper maintenance of norms and standards in Technical Education System and for the matters connected therewith, was enacted by the Parliament, which received the assent of the President on December, 23rd 1987 and published in Gazette on 28th December, 1987. All India Council for Technical Education, hereinafter referred as the (council) as established under Section 3 of the said Act, has been given power to make a Regulation and Rules, in the matter of Technical Education under the provisions of Section 23(1) read with Section 5 (10)(i) and (v) of the Act. The institution in question was affiliated with Gautam Buddh Technical University Lucknow and as far as petitioners of Civil Misc. Writ Petition No. 52989 of 2014 are concerned, their details are as follows: JUDGEMENT_56_LAWS(ALL)4_2015.htm ;