Dr. (Ms.) Sujata vs State of U.P. and Others

The Petitioner has sought the quashing of the order dated 6th August, 2005 passed by the Director of Education (Higher Education), Allahabad (hereinafter referred to as the ''Director'') by which, pursuant to the order dated 29th July, 2005 issued by the State Government, the Manager of Smt. Bhagwati Devi Jain Girls (Post Graduate) College, Agra has been directed to cancel the appointment of the Petitioner as Principal of the said College consequent to the cancellation of the placement of the Petitioner in the said College by the Director.

We have considered the issues raised in this petition in the judgment delivered by us today in Writ Petition No. 60844 of 2005 (Dr. Satya Pandey v. Director of Education (Higher), U.P. Allahabad and Ors.). We, therefore, propose to state only the essential facts relating to the issuance of the placement order of the Petitioner by the Director as other facts have been stated in detail in the aforesaid judgment.

Advertisement No. 24 of 1998 was issued by the Higher Services Commission (hereinafter referred to as the ''Commission'') established u/s 3 of the Uttar Pradesh Higher Education Services Commission Act, 1980 (hereinafter referred to as the ''Act'') on 6th August, 1998 for filling up posts of Principals in Post Graduate Colleges. The Petitioner applied for being appointed as a Principal but no recommendation was made by the Commission in respect of this advertisement. Subsequently, Advertisement No. 25 of 1998 was issued by Commission on 13th August, 1998 for filling up posts of Principals in male and female Post Graduate Colleges and Degree Colleges. The Petitioner applied for appointment as a Principal in the Post Graduate College under the O.B.C. Category. She was placed at Serial No. 1 in the waiting list of O.B.C. Category candidates. It is on 1st September, 2003 that the Director passed an order for placement of the Petitioner as Principal in Smt. Bhagwati Devi Jain Girls (Post Graduate) College, Agra which post was advertised in Advertisement No. 24 of 1998 and was not advertised in Advertisement No. 25 of 1998. The Committee of Management of the Institution issued appointment order dated 1st October, 2003 to the Petitioner and she subsequently joined.

In the meantime, as complaints about large scale irregularities in the placement/appointments of Principals by the Director were received, the State Government conducted an enquiry through the District Magistrate, Allahabad. It was found in the enquiry that many persons were appointed as Principals of the Degree Colleges/Post Graduate Colleges against the provisions of the Act as well as against the decision of the Supreme Court in Kamlesh Kumar Sharma Vs. Yogesh Kumar Gupta and others, The State Government, therefore, by the order dated 29th July, 2005 issued directions to the Director to cancel such placement orders. Accordingly, the Director by the order dated 6th August, 2005 cancelled the placement order dated 1st September, 2003 of the Petitioner and also issued directions to the Committee of Management of Smt. Bhagwati Devi Jain Girls (Post Graduate) College, Agra to cancel the appointment of the Petitioner. It is this order that has been impugned in the present petition.

On 4th October, 2005, while entertaining the writ petition, the Court ordered that till further orders of the Court, the impugned order dated 6th August, 2005 shall be kept in abeyance.

It is stated in the counter affidavit filed by the State that the post of Principal in Smt. Bhagwati Devi Jain Girls (Post Graduate) College, Agra was not advertised in Advertisement No. 25 of 1998 and infact the vacancy was subsequently advertised in Advertisement No. 39 issued on 3rd February, 2003. It is, therefore, stated that the appointment of the Petitioner was void, being against the provision of Section 13 of the Act and also against the decision of the Supreme Court in Kamlesh Kumar Sharma (supra).

It is seen from the aforesaid facts that though post of Principal for Smt. Bhagwati Devi Jain Girls (Post Graduate) College, Agra may have been advertised in Advertisement No. 24 of 1998 but no recommendation was made by the Commission and subsequently when Advertisement No. 25 of 1998 was issued, the Petitioner again applied and was placed at serial No. 1 in the waiting list of O.B.C. Category candidates. The post of Principal for Smt. Bhagwati Devi Jain Girls (Post Graduate) College, Agra was not advertised and, therefore, the Petitioner could not have been appointed in the said College on the basis of the list prepared by the Commission and sent to the Director pursuant to the selections made in respect of Advertisement No. 25 of 1998.

Learned Counsel for the Petitioner has raised the same submissions as were raised in Dr. Satya Pandey (supra).

We have examined the issues raised by learned Counsel for the Petitioner in detail in the judgment and order of date rendered in Dr. Satya Pandey (supra) and have rejected them.

Thus, for the reasons stated in the judgment delivered by us today in Dr. Satya Pandey (supra), the Petitioner is not entitled to any relief and the writ petition deserves to be dismissed.

The writ petition is, accordingly, dismissed.