- (1.) Heard Shri Gaurav Mehrotra, learned counsel for the petitioner, learned Additional Chief Standing Counsel, Shri Rajat Rajan Singh, learned counsel for the intervenor and Shri Ravi Singh Sisodiya, learned counsel for the respondent-University.
(2.) The petitioner has assailed the order dated 21.07.2015 issued by the Joint Secretary, Department of the Handicapped Welfare of the State Government, whereby the process for appointment of teaching and non teaching staff in Dr. Shakuntala Mishra National Rehabilitation University, Lucknow University was stopped forthwith.
(3.) Learned counsel for the petitioner has raised question on the jurisdiction of the State Government to interfere in functioning of the University particularly in the matter of appointment of teaching and non teaching staff since the University is an autonomous institutions established by an Act call as 'Dr. Shakuntala Mishra Punarvas Vishwavidyalaya (Bhinnarupen Yogya Hetu) Uttar Pradesh Adhiniyam Act, 2009 (Act, 2009). He invited attention of this Court towards the provisions of Section 16 of the Act, 2009 and submitted that the power of appointment of teaching staff is vested with the Executive Council as under: "16. Without prejudice to the provisions of Section 13, the Executive Council shall have the following powers and functions: (i) ... (ii) to appoint from time to time, Professors, Readers, Lecturers, other members of the teaching staff, the Librarian and such other members of the teaching staff as may be necessary on the recommendations of the Selection Committee constituted by statutes for the purpose. (iii) ... (iv) ... (xiv) .....";