- (1.) PETITIONER, who was working as Lecturer of Political Science in the Government Degree College, Khair, District Aligarh, was appointed as Principal of Amar Sing College, Lakhaoti, district Bulandshahr," (hereinafter referred to as the College), on deputation by the Governor of Uttar Pradesh vide order dated 14th July, 1993, for a period of two years. By order dated 25-5-1995, the period of deputation of the peti tioner was extended for a period of three years. However, Registrar at the instance of the Vice- Chancellor of the Ch. Charan Singh University, Meerut (hereinafter referred to as the University), to which the College is affiliated, by order dated 20-3-1996 directed recall of the petitioner from deputation. By the same order the petitioner was directed to be relieved from the College within 15 days. Being aggrieved by this order, the petitioner has filed this writ petition.
(2.) SECTION 31 of the U. P. State Universities Act, 1973 (hereinafter referred to as the Universities Act), gives power to the Management of the associated/affiliated Colleges to appoint both permanent and temporary teachers on the recommendation of the Selection Committee. Sub-sec tion (12) of SECTION 31 gives power to the Management of the College to appoint teacher on deputation with prior approval of the Vice-Chancellor. In 1980, U. P. Higher Education Service Commission Act, 1980, (hereinafter referred to as the Service Commission Act), was enacted, SECTION 12 of which prohibits the appointment of teachers of a Degree College by the Management except on the recommendation of the Higher Education Service Commission (hereinafter referred to as the Commission ). Sub-sections (1) and (5) of SECTION 12 being relevant, are reproduced below : "12. Management to make appointments etc. only on the recommend ations of the Commission.- Notwithstanding anything to the contrary contained in the Uttar Pradesh State Universities Act, 1973 or in the Statute made thereunder, but subject to the provi sions of SECTIONs 16, 31-A and 31-B, every appointment as a teacher of any college shall, after the date notified under sub section (1) of SECTION 3, be made by the Management only on the recommendation of the Commission. (2) Every appointment made in contravention of the provisions of this section shall be void. " The only exceptions provided by the above provision are the appointments made under Sections 16, 31-A and 31-B of the Service Com mission Act. Section 16 provides for ad hoc appointment of teachers by the Managing Committee if the Service Commission fails to recommend the names of suitable candidates within certain time specified therein. Section 31-A gives power to the Government to issue Removal of Difficulties Order. The Government in exercise of that power has issued two Removal of Difficulties Orders, one in 1982 and the other in 1983, life of each being one year only. These orders have lapsed in January, 1983 and 1984 respectively. Section 31-B provides for regularisation of certain ad hoc appointments. Section 12 of the Service Commission Act has been amended in 1992. Sub-section (1) of the amended Section 12 being relevant, is also reproduced below i "12. Procedure for appointment of teachers-Every appointment as a teacher of any College shall be made by the Management in accordance with the provisions of this Act and every appoint ment made in contravention thereof shall be void. "
(3.) EVEN after the amendment of Section 12 of the Service Commission Act, the position remains the same, namely, every appointment of teacher of a College has to be made by the management in accordance with the provisions of the Service Commission Act and any appointment made in contravention thereof cannot be sustained, being void. Section 30 of the Service Commission Act, which gives to this Act an overriding effect, is as under : "30. Act to have overriding effect.-The provisions of this Act, shall have effect notwithstanding to the contrary contained in the Uttar Pradesh State Universities Act, 1973 or the Statutes or Ordinances made thereunder. ";