- (1.) Heard learned counsel for the parties. The petitioner has prayed for a mandamus directing the respondents not to make any selection in pursuance of the advertisement dated 12.2.1996. He has also challenged the constitutional validity of Section 3 of the U.P. State Universities (Amendment) Act 1998.
(2.) The dispute in this case is regarding the post of Principal of Motilal Nehru Regional Engineering College, Allahabad. It is this post on which the selection of respondent no. 5 was made on contract basis. The petitioner is working as Professor in the Engineering College and he has challenged the selection of respondent no. 5 for the post of Principal of the college.
(3.) It appears that the U.P. legislature has amended thelaw regarding the appointment of Principal of the Motilal Nehru Engineering College, Allahabad Section 3 of the U.P. Amendment Act no. 9 of 1998 states as follows: "31-B(1) Notwithstanding anything to the contrary contained in any other provision of this Act or in the Uttar Pradesh Higher Education Services Commission Act, 1980, appointment to the post of Principal or teacher of the Motilal Nehru Regional Engineering College, Allahabad shall be made in accordance with the rules and bye laws of the Motilal Nehru Regional College Society, Allahabad. (2) All appointments made before the commencement of the Uttar Pradesh State Universities (Amendment) Act 1998 in accordance with the provisions of sub-section (1) shall be deemed to have been made under the said sub-section as if the provisions of the said sub section were in force at all material times.";