S. R. SINGH AND D. R. CHAUDHARY, JJ. ( 1 ) THE question that begs determination in this writ petition is as to whether a substantive vacancy in the post of a teacher of a Post Graduate College can be filled up by transfer of a teacher from another college affiliated to the self-same University. ( 2 ) FACTUAL background of the case may be stated thus ; Swami Sahjanand Saraswati Post graduate College. Ghazipur (In short Post Graduate College) is affiliated to Veer Bahadur Singh purvanchal University. Jaunpur (In short the purvanchal University) and so ts Khardlha Degree college. Khardiha. Ghazipur. The 3rd respondent, namely. Dr. Harish Chandra Rai entered the service as a teacher in Khardiha Degree College, Ghazipur on 4. 1. 1979. It seems there existed a vacancy in the post of lecturer Political Science in the Post Graduate College. The third respondent with a view to usher himself in the said Post Graduate College as lecturer Political science submitted an application to the Committee of Management of Khardiha Degree College. Khardiha. Ghazipur seeking its no objection certificate to his transfer to Swami Sahjanand Post graduate College. Ghazipur. The Committee of Management of the said College nodded in acceptance to the proposal of the 3rd respondent vide resolution adopted in the meeting held on 18. 7. 1999 which authorised the Manager of the College to do the needful in this regard. The 3rd respondent. It would transpire, also approached the Secretary of the Committee of Management for a decision by the Committee of Management. Swami Sahjanand Post Graduate College. Ghazipur for imparting consent to the proposed transfer. It is the case of the 3rd respondent that the Committee of Management of Swami Sahjanand Post Graduate College. Ghazipur passed resolution giving its consent to the third respondent being appointed as lecturer in Political science by transfer from the Degree College but this fact is repudiated by the petitioner. For the purposes of deciding this case, we may proceed on the assumption that a resolution was passed by the Committee of Management of the Post Graduate College granting consent to transfer of the 3rd respondent. The Vice Chancellor of the Purvanchal University passed an order dated 6. 12. 1999 (Annexure-6 to the petition) according approval to the proposed transfer of the 3rd respondent from Khardiha Degree College to Swami Sahjanand Post Graduate College, ghazipur. The appointment letter dated 7. The Vice Chancellor of the Purvanchal University passed an order dated 6. 12. 1999 (Annexure-6 to the petition) according approval to the proposed transfer of the 3rd respondent from Khardiha Degree College to Swami Sahjanand Post Graduate College, ghazipur. The appointment letter dated 7. 12. 1999 was Issued in favour of the 3rd respondent by the Secretary of the Committee of Management of Swami Sahjanand Post Graduate College. Ghazipur. A resolution was passed by the Committee of Management of Post Graduate Degree college, Ghazipur in its meeting held on 13. 2. 2000 cancelling the earlier resolution dated 10. 10. 1999 and for relieving the petitioner of his duties as lecturer of the said college. A representation dated 18. 2. 2000 came to be filed on behalf of Swami Sahjanand Post Graduate college, Ghazipur to the Vice Chancellor stating therein that as a matter of fact, no resolution was passed by its Committee of Management giving its consent for appointment of 3rd respondent as lecturer by transfer from Khardiha Degree College, Khardiha, Ghazipur. A writ petition it being Civil Misc. Writ Petition No. 17980 of 2000 was also filed in this Court canvassing the validity of transfer. This Court, however, directed the Vice-Chancellor to decide the representation. The Vice-Chancellor rejected the representation by the impugned order dated 14. 6. 2000. ( 3 ) WE have heard Sri Gajendra Pratap for the petitioner, Sri Pankaj Mittal for the University and sri Ajit Kumar Singh for the 3rd respondent. ( 4 ) AS stated supra, the question is whether the appointment of 3rd respondent to the substantive post of lecturer in Swami Sahjanand Post Graduate College, Ghazipur by transfer from the post of Lecturer in Khardiha Degree College, Khardiha, Ghazipur is permissible in law. Appointment of teachers including Principal in colleges affiliated to any University under the provisions of the u. P. State Universities Act, 1973 is concededly governed by the Uttar Pradesh Higher education Services Commission Act, 1980 (hereinafter referred to as the act ). Section 12 of the act postulates in no uncertain terms, that every appointment as a teacher of any college shall be made by the management in accordance with the provisions of the Act and "euery appointment made in contravention thereof shall be void". Section 12 of the act postulates in no uncertain terms, that every appointment as a teacher of any college shall be made by the management in accordance with the provisions of the Act and "euery appointment made in contravention thereof shall be void". The Act read with the U. P. Higher Education services Commission Regulations, 1983 envisages for notification of substantive vacancies to the Commission and provides the procedure for appointment thereon. Unlike the second proviso to Section 16 of the U. P. Secondary Education Services Commission Act, 1982 which provides for appointment of a teacher by transfer from one Institution to another, the provision of the U. P. Higher Education Services Commission Act, 1980 and the Regulations made thereunder do not visualise for appointment in a substantive vacancy of a teacher in an affiliated college by transfer from another college affiliated to the selfsame or a different University. In such view of the matter, the appointment against a substantive vacancy of a teacher in an affiliated college by transfer from another Institution would be void in view of Section 12 of the Act. ( 5 ) IT would be worthwhile to observe here that even the First Statutes of the Gorakhpur university which are applicable to the Purvanchal University, Jaunpur do not provide for appointment against substantive vacancy of a teacher by transfer from another college. Reliance is, however, placed for the respondents on the letter dated E- 4231/gs, dated 24. 5. 1999 issued from the Governor/ Chancellors Secretariat. The letter is addressed to the Vice-Chancellors of the State Universities and deals with the subject of mutual transfer of teachers of non-government aided Degree Colleges. The letter purports to have been issued in exercise of power under Section 50 (6) of the State Universities Act, 1973 thereby according approval to the proposed amendment in the First Statute of the Universities. The amendment as proposed provides for transfer upon fulfilment of, and subject to, certain conditions as would be borne out from Annexurc-11 to the writ petition. The letter issued from the Governor/ Chancellors secretariat is, in our opinion, unavailing. The amendment as proposed provides for transfer upon fulfilment of, and subject to, certain conditions as would be borne out from Annexurc-11 to the writ petition. The letter issued from the Governor/ Chancellors secretariat is, in our opinion, unavailing. Sub-section (6) of Section 50 provides that the State government in order to implement any decision taken by It on the basis of any suggestion or recommendation of the University Grants Commission or the State or National Education Policy, "may require the Executive Council to make new or additional statute or amend or repeal the statute referred, to in sub-section (1), and/or sub-section (1a) within the specified time and if the executive Council fails to comply with such requirement, the State Government may make new or additional statute or amend or repeal statutes referred to in sub-section (1a) of the Act". The power under subsection (6) of Section 50 is exercisable by the State Government and not by the chancellor and that too, "with regard to the qualifications of teachers". In other words, direction to the Executive Council to make amendment, etc. can be issued by the State Government "with regard to the qualification of teachers" and in no other matters. The power, to amend the statutes is with the Executive Council. The First Statutes were framed by the State Government as provided in sub-section (1) of Section 50 and the State Government was initially vested with the power to amend the First Statutes whether by way of addition, substitution or omission upto a specified period but the time limit has recently been done away with and thus the Government can now amend the First Statutes of the University in exercise of power under sub-section (1a)of Section 50 of the State Universities Act, 1973 at any time. The Executive Council under sub-section (2) has the power to make new or additional statutes or make amendment or repeal of the statutes referred to in sub-section (1) or Section (2) of Section 50 of the Act but every new statute or addition to a statute or any amendment or repeal of statute by the Executive Council is required to be submitted to the Chancellor who may assent to it or withhold his assent or remit It to the Executive Council for further consideration. Since the Executive Council has not proposed, and in fact, it could not legally propose see Dr. Since the Executive Council has not proposed, and in fact, it could not legally propose see Dr. Abdul Qayum Khan v. State of U. P. and others, 1994 (1) UPLBEC 402, any amendment in the First Statutes of Gorakhpur university, the question of the Chancellor exercising his powers under sub-section (4) does not arise. The circular dated 24. 5. 1999 is in the circumstances, invalid. ( 6 ) IN any case, the amendment of State Universities Act, 1973 and the Statutes made thereunder will not validate the appointment which is void in terms of the provisions of Section 12 (1) of the u. P. Higher Education Services Commission Act. As stated supra, the U. P. Higher Education services Commission Act, 1980 does not envisage appointment against substantive vacancy of teacher by transfer from another affiliated college and any appointment in a manner not provided under the Act is void as visualised by Section 12 (1) of the Act. In such view of the matter, the appointment of the 3rd respondent to the post of lecturer in Political Science Swami Sahjanand post Graduate College. Ghazipur by transfer from Khardlha Degree College, Khardlha, Ghazipur is void and no amount of approval by the Vice-Chancellor will blow life into It. The appointment in Post Graduate College being void, would not result in loss of lien of the 3rd respondent in the degree College. ( 7 ) THE impugned order is vitiated also for the reason that the Vice-Chancellor failed to advert himself to the issue whether the Committee of Management of the Post Graduate College had given its consent to the 3rd respondent being appointed to the post in question by transfer from the Degree College, we would have remitted the matter to the Vice-chancellor but for our view that transfer was void. ( 8 ) ACCORDINGLY, the petition succeeds and is allowed. The Impugned order is hereby quashed. The 3rd respondent shall be repatriated to his parent college on his substantive post of lecturer in khardlha Degree College, Khardiha, Ghazipur. .