- (1.) SRI A. Kumar for the petitioner and SRI B. B. Baghel representing respondent No. 1 Commission, are heard.
(2.) THE only grievance made by the petitioner m this petition is that joint request made by the petitioner Dr. Suman Agarwai and respondent No. 5 Km. Asha Rani for their mutual appointment/posting is repelled arbitrarily. This fact is not disputed that petitioner Dr. Suman Agrawai and Km. Asha Rani respondent No. 5 both have filed representations to the Chairman, U. P. Higher Education Service Commission, Allahabad (respondent No. 1) to the effect that they have no objection it they are mutually appoint ed/posted i. e. if Km. Asha Rani is appointed at Vikramajit Singh, Dharam College, Kanpur in place of the petitioner and petitioner is appointed at Ishwar Saran Degree College Allahabad where Km. Asha Rani has been recommended by the Commission. However, as pointed out above, the respondent Commission repelled the above submission inter alia on the ground that in the absence of any statutory provision to that affect the joint prayer of the petitioner and respon dent No. 5 cannot be accepted.
(3.) IN this connection, we may point out that even if there is no specific provision in this regard, as per settled proposition of law every authority which has power to do an act, has all necessary implied powers which may arise or which are necessary for the exercise of administration of justice pro vided that exercise of implied power does not violate any statutory rule. The rules are to facilitate the administration and not to obstruct it. Admittedly, in the instant case, there is no specific law that such relief cannot be granted. All the same in the absence of any such statutory provision, considering facts and circumstances of the each case, it is expected of the Commission-respondent No. 1 to exercise its discretion to facilitate in such matters of mutual posting/appointment provided the management of the institutions where such posting/appointments are to be made have no objection.;