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Allahabad High Court · body

2010 DIGILAW 2709 (ALL)

CHAMAN SINGH v. STATE OF U. P.

2010-09-07

K.N.PANDEY, SUNIL AMBWANI

body2010
JUDGMENT By the Court.—Heard Shri Ashok Khare, Senior Advocate assisted by Shri Syed Fahim Ahmad appearing for the petitioner. Learned Standing Counsel represents State respondents. 2. The petitioner was selected by the U.P. Higher Education Service Commission for the post of Principal of Degree College, in pursuance to the advertisement No. 36/PGM/477. He was placed at serial No. 58 in the select list, and was allotted ‘Digamber Jain P.G. College Debai, Bulandshahr’. 3. Prior to his selection, the petitioner was teaching in the Department of Agricultural/Chemistry in Gocher Mahavidyalaya, Rampur Maniharan, District Saharanpur, for last 25 years. He made a representation to the Director of Education (Higher Education), U.P., on 9.1.2009 stating that he had not applied for the Digamber Jain College Debai, Bulandshahr, which is an undergraduate College. His placement is not in accordance with the advertisement for the post of Principal of Post Graduate College and that he should be placed in an appropriate college. He requested : ‘so I kindly request that my application should be entertained and the proper proceedings may kindly be adopted in my favour.” 4. The petitioner thereafter filed a Writ Petition No. 2658/2009, which was disposed of on 21.1.2009, with a direction to the Director of Higher Education to decide his representation dated 9.1.2009 within two weeks. 5. On 2.2.2009, the Secretary of the Digamber P.G. College, Debai Bulandshahr informed the petitioner that he has been appointed as Principal of the College in the pay scale of Rs. 16,400-22,400/- in pursuance to the placement letter of Director of Education (Higher Education), U.P. Allahabad dated 28.12.2008 received in the College on 16.1.2009, with a request to join within 21 days. 6. The petitioner filed a contempt application against the Director of Education (Higher Education) for compliance of the directions of the Court to decide his representation. The Court issued notices in Contempt Application No. 1131/2009 on 1.4.2009 directing Shri V.K. Nagaich, Standing Counsel to produce copy of the order passed by the Director of Education (Higher Education), U.P. 7. 6. The petitioner filed a contempt application against the Director of Education (Higher Education) for compliance of the directions of the Court to decide his representation. The Court issued notices in Contempt Application No. 1131/2009 on 1.4.2009 directing Shri V.K. Nagaich, Standing Counsel to produce copy of the order passed by the Director of Education (Higher Education), U.P. 7. The Director of Higher Education, by his order dated 31.3.2009 decided petitioner’s representation, in pursuance to the directions of the Court dated 21.1.2009 in Writ Petition No. 2658/2009, observing that a request was received from the Digamber P.G. College Debai, jointly signed by its Secretary and the Principal on the prescribed form dated 19.9.2005, in which it was stated that the College is running P.G. Courses in Economics and Sociology with a post of Principal in the pay scale of Rs. 16,400-22,400/-. The post was advertised, and that after selections Dr. Chaman Singh was placed as Principal of the College, subject to the decision in Special Leave Petition No. 25966/2008 pending in Supreme Court and in pursuance to the orders of the High Court. So far as availability of the post of Principal of P.G. College in Digamber P.G. College Bulandshahr is concerned, the Director referred to the request received from the College on which the post was advertised and placements were made after selections. 8. Shri Ashok Khare, learned counsel appearing for the petitioner submits that the petitioner had applied for the post of Principal of a Post Graduate College. The Digamber P.G. College Dibai is running P.G. Courses only in Economics and Sociology under the Self Finance Scheme. The College is not paying to the Principal, the pay scale of the Principal of Post Graduate College. He submits that Shri Babu Lal Kushwaha was placed at serial No. 42 in the select list (above the petitioner) and was placed for appointment as Principal of Gocher Mahavidyalaya, Rampur Maniharan, District Saharanpur, where the petitioner is teaching. Shri Babu Lal Kushwaha expressed his unwillingness to work as Principal on which the Director of Higher Education, by his order dated 8.8.2009, has by mutual exchange vide order dated 22.7.2009, placed Dr. Chandra Shekhar at serial No. 70, in the merit list, by his order dated 8.8.2009, as Principal of Gocher Mahavidyalaya, Rampur Maniharan, District Saharanpur. Shri Babu Lal Kushwaha expressed his unwillingness to work as Principal on which the Director of Higher Education, by his order dated 8.8.2009, has by mutual exchange vide order dated 22.7.2009, placed Dr. Chandra Shekhar at serial No. 70, in the merit list, by his order dated 8.8.2009, as Principal of Gocher Mahavidyalaya, Rampur Maniharan, District Saharanpur. The petitioner at serial No. 56, with his choice for the College at Saharanpur, was the best choice and has been arbitrarily discriminated. Shri Khare submits that under Section 2 (C) of the U.P. Higher Education Service Commission Act, 1980, the definition of the word ‘College’ means an affiliated or associated College to which the privileges or affiliation has been granted by University governed by the U.P. State Universities Act, 1973, excluding a College established and administered by a minority, or a College exclusively maintained by the State Government or a College running self finance course as defined in clause (18) of Section 2 of UP State Universities Act, 1973. 9. In Writ Petition No. 57173 of 2009 the petitioner has prayed for directions to quash the order dated 8.8.2009 passed by the Director of Education (Higher Education), U.P. Allahabad, by which Dr. Chandra Shekhar-respondent No. 4 (placed at serial No. 70, in the merit list) has been appointed as Principal of Gochar Maha Vidyalaya, Rampur Maniharan, District Saharanpur. He has further prayed, not to interfere in his working as Principal of Gochar Maha Vidyalaya, Rampur Maniharan, District Saharanpur. He has amended the writ petition and has challenged the order dated 22.7.2009 passed by the Director of Education (Higher Education), U.P. Allahabad. 10. By Writ Petition No. 24070 of 2009 the petitioner has challenged the order of the Director of Education (Higher Education) U.P. dated 31.3.2009, by which his representation was rejected. 11. We directed learned Standing Counsel to seek instructions from the Director of Higher Education with regard to running of the P.G. Classes and permanent affiliation of the subjects and the pay scale applicable to the Principal of Digamber Jain P.G. College Bulandshahr. The Standing Counsel has taken instructions and placed them on record. These instructions are quoted as below : “Instructions That the Hon’ble Court after hearing on the writ petition at length reserved the judgement in the writ petition and directed the Addl. The Standing Counsel has taken instructions and placed them on record. These instructions are quoted as below : “Instructions That the Hon’ble Court after hearing on the writ petition at length reserved the judgement in the writ petition and directed the Addl. Chief Standing Counsel Shri R.B. Pradhan to file instruction explaining certain queries posed by the Hon’ble Court. The explanation to the queries made by the Hon’ble Court is given as below: 1. That in the year 2001 Dr. Hambir Singh a selectee of advertisement No. 25 was given placement as P.G. Principal in Digambar Jain P.G. College, Bulandsahar where he joined and continued on the post till his retirement on 30.6.2006. It is most humbly submitted that Dr. Hambir Singh was allowed the pay scale of P.G. Principal (16400-22400) from State exchequer from the date of his joining as P.G. Principal in the college on 4.6.2001. It is pertinent to submit that the Director, higher Education vide letter dated 30.7.2003 had fixed the basic salary of Dr. Hambir Singh as Rs. 17, 750/- in the aforesaid P.G. Scale. The photocopy of the letter dated 30.7.2003 is being annexed and marked as Annexure S.C.A.1. 2. That in Digamber Jain P.G. College, Bulandsahar the P.G. Courses in the subject Sociology and Economics were granted permanent affiliation under self finance scheme w.e.f. 2.2.2007. Hence the College, is running P.G. Classes after getting permanent affiliation in aforesaid subjects under self finance scheme. The photocopy of the relevant page of staff statement register for 2007-08 submitted by the college is being annexed and marked as Annexure No. SCA-2. 3. That the college Management/Principal vide letter dated 19.9.2005 sent the requisition to the Director, Higher Education for selection and appointment on the posts of lecturers and Principal which became vacant after the retirement of the then incumbent on attaining the age of superannuation on 30.6.2006. Accordingly the Directorate of Higher Education notified the vacancy of principal to the Commission which was advertised as P.G. Principal under advertisement No. 39. The photo copy of requisition letter dated 19.9.2005 is being annexed and marked as Annexure No. S.C.A.3. 4. That the instant instruction is being filed in compliance of the Hon’ble Court’s order dated 8.9.2010. It is most humbly prayed that the Hon’ble Court may kindly be pleased to take this instruction on record. Sd/- (Dr. Mian Jan) Director, Higher Education, U.P. Allahabad” 12. 4. That the instant instruction is being filed in compliance of the Hon’ble Court’s order dated 8.9.2010. It is most humbly prayed that the Hon’ble Court may kindly be pleased to take this instruction on record. Sd/- (Dr. Mian Jan) Director, Higher Education, U.P. Allahabad” 12. In Rama Shanker Rai v. State of U.P. and others, Writ Petition No. 34920 of 2008 decided on 13.8.2008, the Court had found that there were some grey areas and there were no guidelines in the act of 1980, or the Rules in the matter of placement of teachers and Principals selected by the UP Higher Education Service Commission for appointment. A direction was issued to the Director of Higher Education, U.P. Allahabad to prepare a uniform and transparent policy. Dr. Mian Jan, Director of Higher Education in paragraphs 4 and 9 of his counter-affidavit dated 12.8.2008 filed in the said writ petition, had clarified the policy. The Court found that the policy was fair and transparent and while accepting the policy, directed the Director of Higher Education to complete the process of placement very expeditiously, and strictly in accordance with the scheme proposed by him in his counter-affidavit dated August 11, 2008 filed on August 12, 2008 and consequently disposed of the writ petition on 13.8.2008. 13. The petitioner was selected by the Higher Education Service Commission established under the U.P. Higher Education Service Commission Act, 1980, and was given placement as P.G. Principal in Digamber Jain P.G. College Debai Bulandshahr by virtue of his placement in the select list, his choice and the availability of the Colleges. The Digamber Jain P.G. College Debai Bulandshahr is running P.G. Courses and has a sanctioned post of Principal in the regular pay scale, which is applicable to the Post Graduate Colleges. It is affiliated to a university and falls within the definition of College under Section 2 (c) of the Act of 1980. It is also running post graduate courses in Economics and Sociology as ‘Self Finance Courses’. It has approval of ten teachers including Principal and has permanent recognition for graduate courses since 1960. In the year 1985, it was given recognition for Sanskrit and in the year 2007, permanent recognition was given for running graduate courses in Economics and Sociology. 14. Dr. It has approval of ten teachers including Principal and has permanent recognition for graduate courses since 1960. In the year 1985, it was given recognition for Sanskrit and in the year 2007, permanent recognition was given for running graduate courses in Economics and Sociology. 14. Dr. Hambir Singh selected in pursuance to the advertisement No. 25 of the Higher Education Service Commission was placed as Principal of Digamber Jain P.G. College Debai, Bulandshahr and continued to serve upto his retirement on 30.6.2006. His basic salary was fixed on 30.7.2003 as Rs. 17, 750/- in the pay scale applicable to the Principal of a Post Graduate College. 15. On the aforesaid facts, we do not find substance in the contention of learned counsel for the petitioner, that the Digamber Jain P.G. College is not a College defined under the Act, and does not have a sanctioned post of Principal in the pay scale of Rs. 16,400-22,400/- for which the petitioner was selected. After the petitioner was selected, placed and issued appointment letter by Digamber Jain P.G. College Bulandshahr, he did not have any right to claim placement in any other college, including Gocher Mahavidyalaya, Rampur Maniharan, District Saharanpur, where he was earlier teaching. The unwillingness of Shri Babu Lal Kushwaha to work as Principal of Gocher Mahavidyalaya, Rampur Maniharan, District Saharanpur, subsequently and thereafter placement of Dr. Chandra Shekhar-respondent No. 4 as its Principal, does not give petitioner a right to change his placement. He does not have any right to claim adjustment or fresh placement after he was placed as Principal, Digamber Jain P.G. College Bulandshahr, and was issued appointment letter. Dr. Babu Lal Kushwaha and Dr. Chandra Shekhar Singh, both selected and placed in their respective Colleges, had mutually agreed on interchange, for which the Director of Education (Higher Education) U.P., had no objection, vide para-29 of the counter-affidavit of Dr. Harsh Vardhan, Joint Director in the Directorate of Higher Education, U.P. 16. The judgements cited by the petitioner namely, Vinay Kumar (Dr.) v. Director of Education (Higher) Allahabad and others, 2005 ADJ 549 (FB) and Pradeep Kumar Arora and another v. State of U.P. and others, 2007 (5) AWC 4731, have no application to the facts of the present case. 17. Both the writ petitions are dismissed. —————