K. J. Shetty, C. J. - (1.) THE petitioner is a Committee of Management of Baba Baruwa Dass Degree College, Faizabad. THE petitioner has challenged the validity of the selection of respondent No. 4 for the post of principal of the said college.
(2.) THE Commission was constituted under the provisions of U. P. Higher Education Services Commission Act, 1980. THE Commission consisted of eminent academicians including some experts in certain disciplines. THEre were in all six posts of principals for being filled up. THE respondent no. 4 was one amongst the candidates selected for consideration by the Commission. Respondent No. 4 did not possess the minimum qualification prescribed for the post of principal. The Commission however, relaxed the prescribed minimum qualification on the ground that he has to his credit high standard of research work. The Commission thereafter on comparative assessment of qualifications and experience of the candidates prepared a merit list in which respondent No. 4 was one amongst the selected candidates. He has been selected and posted to the post of principal of the degree college run by the petitioner management. The petitioner is aggrieved by the said selection and appointment.
(3.) RESPONDENT No. 4 admittedly does not possess the minimum qualification prescribed for the post of principal. The contention of the petitioner is, therefore, two fold. Firstly, it was urged that the commission has not applied its mind before relaxing the basic qualification to be possessed by respondent No. 4. In order to appreciate this contention we called for the proceedings of the Commission. The learned counsel for the Commission has made available the relevant record. We see therefrom that the Commission has expressly stated with regard to respondent No. 4 and some other candidates as follows :- "In view of very high standard of research work of the candidates, the Commission decided to grant to candidates relaxation from requirement of consistently good academic record with first or high second class master degree. " From this statement, it is obvious that the members of the Commission had considered the good academic record and high standard of research work of respondent No. 4 and thought that the respondent No. 4 deserved relaxation of the minimum qualification prescribed. It is not in dispute and indeed cannot be disputed that the Commission has got power to relax the minimum qualification prescribed for the post of principal. That being the legal position we see no substance in the first part of the contention urged for the petitioner and the contention is accordingly rejected.;