Sat. Sep 26th, 2020

Appointments of three members of the U P Higher Education Services Commission are illegal, flawed and, accordingly, quashed

2 min read

Allahabad High Court- Deciding on a writ petition seeking a writ of
quo-warranto on the ground that the appointments of the third, fourth and fifth
respondents as members of the Uttar Pradesh Higher Education Services
Commission are contrary to the statutory provisions contained in Section 4
(2-a) of the Uttar Pradesh Higher Education Services Commission Act, 1980, the
bench of D.Y Chandrachud CJ and Yashwant Varma J, held that the appointments so
made were illegal and issued the writ of quo-warranto. The Court noted that the
appointments made by the State Government in the case of the third, fourth and
fifth respondents, are flawed both for the absence of any fair and transparent
procedure as well as on the ground that they failed to fulfill the requirement
of clause (g) of sub-section (2-a) of Section 4.

In the instant case, the Advocate
General submitted on behalf of the State that the Court can issue a writ of
quo- warranto where there has been a breach of any statutory rules and if a
possible view has been taken, the High Court should not exercise its
jurisdiction under Article 226 of the Constitution. While submission made on
behalf of the petitioners was that there was total absence of any procedure having
been followed in making appointments to the Commission which were violative of
Article 14 of the Constitution.

After perusal of the facts and
the relevant law, the Court highlighted the fact that the State Government has
not published or notified vacancies in the Commission. Nor has it notified at
any stage that it was in the process of filling up vacancies in the office of
members of the Commission due to which persons who were otherwise eligible
under clauses (a) to (g), had no opportunity to be considered for appointment
to the Commission. The Court further observed that there also has been no
competitive evaluation of the merits of various candidates. [Gorakhpur University Aff. College Teacher Assn. v. State of U.P., PIL No. 35375 of
2015, decided on 07.09.2015]

 
Source: Legal news India

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