Veerendra Kr.Gautam And Ors vs Karuna Nidhan Upadhyay And Ors

Brief facts which are required to be stated are that there were many number of post graduate and degree colleges situated in the State of U.P. affiliated to the University Governed by U.P. State Universities Act, 1973. The selection and appointment in the post graduate and degree colleges were earlier made by the respective colleges in accordance with the provisions of the U.P. State Universities Act, 1973 (hereinafter called the ‘1973 Act’). As there were numerous complaints regarding the selection of candidates for both the post of Teachers as well as the Principals in the post graduate colleges as well as the degree colleges, the State Government enacted U.P. Higher Education Services Commission Act, 1980 (hereinafter called the 1980 Act) to establish a Service Commission for the selection of Teachers which includes the post of Principals for appointment to the colleges affiliated to or recognized by the University under the 1973 Act. The Commission consisted of a Chairman and not less than two and not more than six members to be appointed by the State Government. The management of the colleges were expected to intimate the existing as well as future vacancies in the course of the ensuing academic year to the Director of Education and the Director in turn was required to notify the vacancies to the Commission. The Commission thereafter undertakes the process of selection in accordance with the Act, Rules and Regulations. At this juncture, it is necessary to note the relevant provisions of the 1980 Act as well as the relevant provisions in the Regulations and the Rules formulated under the provision of the 1980 Act.

(2) The Commission shall interview the candidates in accordance with the criteria, minimum standards and guidelines set out by it. The Commission may, if it considers necessary, hold practical test also as part of interview.

(3) No candidate shall be recommended unless at least one expert concurs with the selection.

It was contended on behalf of the appellants that the withdrawal of the earlier writ petition by one of the writ petitioners would disentitle and estop the petitioners from making a challenge to the selection made in the interview. We have extensively discussed the said issue and have held how in the facts of this case such an abstract proposition of law cannot be applied. We therefore do not find any merit in the said submission on the ground of principle of estoppel. We therefore reject the said submission outright.

Reliance was placed upon the decision reported in N.T. Devin Katti (supra) in particular paragraph 15, where this Court even after finding that the selection made for the post of Tahsildars was liable to be set aside, ultimately was not inclined to terminate the services instead allowed the appointees to continue in service and also directed the State Government to create supernumerary post of Tahsildars for appointing the appellants in that case. In that case also by way of an interim order, during the pendency of the appeal, the appointment orders containing specific term that the appointment should be subject to the result of the writ petition, filed by the appellants therein. We must state that the said case is not comparable to the facts of this case, wherein, the number of appointments are more apart from the fact that the appointments were allowed to be made by specific order dated 20.04.2008 by which, it was directed that the selected candidates should execute an undertaking that in the event of they loosing the battle, they will stand reverted to the post of Readers and that they also undertook to pay back the difference in salary.

The selected candidates shall take steps in compliance of their undertaking given before the apex Court in Civil Appeal No. 2351 of 2011 and other connected appeals in accordance with law.

(iii) Writ petition No. 44358 of 2007 is allowed. The select list dated 15.5.2007 is set aside. The selected candidates shall take steps in compliance of their undertaking given before the apex Court in respective Civil Appeals.

(iv) Writ petition No. 38714 of 2003 and other writ petitions of group-3 are allowed in view of the judgment of the apex Court in Civil appeal No. 2352 of 2011 and other connected appeals dated 8.3.2011 in State of U.P. Vs. Bharat Singh and others.

(v) The U.P. Higher Education Service Commission shall consider and frame appropriate guidelines for conduct of interview for selection on the post of Principal of Postgraduate/Degree Colleges in accordance with law as mandated by Regulation 6(2) of the 1983 Regulations and further take early steps for filling the vacant posts of Principal of Postgraduate/Degree Colleges in accordance with law.

Parties shall bear their own costs.” We fully affirm the above directions of the Division Bench and the appeals stand dismissed.

July 15, 2016