S.H.A. Raza, J. - (1.) The fate of this writ petition which has been filed by M/s. Ram Gopal Chandra. Daya Ram Singh and Raj Kishore. Singh. the Chairman and Members of U. P. Higher Education and Services Commission, hinges on the reply to the following questions. 1. Whether a direction restraining the Commission to make selections can be issued by the Stale Government in exercise of its powers under Section 2 of U. P. State Control of Public Corporation Act. 1975 (hereinafter referred as Corporation Act, 1975) and Section 6 (3) of U. P. Higher Education Services Commission Act, 1980. because selection covers the legislative activity.
(2.) Whether the impugned order of removal passed against the petitioner No. 1 from the post of Chairman and against remaining two who are the members of the Commission is non est inasmuch as the same is in violation of Section 6 of the U. P. Higher Education Services Commission Act, 1980 (hereinafter referred to as the Commission Act, 1980) and Rule 5 of the Rules framed thereunder.
(3.) Whether the order of removal passed against the petitioners is discriminatory inasmuch as one member, who was equally responsible for the decision of the Commission in the matter of selection of candidates was not removed while the petitioners have" been removed.;