Anand Kumar Mishra vs State of U.P. & Anr.

Pradeep Kant, and Ritu Raj Awasthi. JJ

With the consent of the parties counsel, the petition is being disposed of finally.

As regards nonappointment of the Principal in the Institution in question, which is being run for providing technical education to SC and ST students, the counsel for the State Sri D.K. Upadhyay says that because under the eligibility criteria only a person who has been working as Head of Department in the Institution can be appointed as a Principal and at present no Head of Department in any of the Departments is working, therefore, a direction has been issued that first the appointment be made on the post of Head of Department, and thereafter on the post of Principal. He further says that the exercise for making appointment of Head of Department and Principal is already under process.

Sri Adnan Ahmad appearing for the petitioner, however, says that before 1993, persons were taken on deputation from the Technical Education Department, U.P. and were posted as Principal, who were fully qualified and possessed the Degree of Engineering but since after 1993, no such Principal has been appointed.

Since the factual position is admitted to the respondent State, we do not find it appropriate to keep the matter pending but we do express our concern about the manner in which the Government is dealing with such Institutions which are providing technical education to SC and ST students. The instant Institution is imparting technical education leading to the award of Diploma in various Engineering branches.

The information given by the learned Chief Standing Counsel that the process of selection and appointment is undertaken, does not inspire confidence, as there can be no room, for not making the required appointment for the last sixteen years so cannot be said to be more authentic but we expect and hope that appropriate arrangement would be done without delay for filling up the faculty by making appointment on the posts of Head of Department which are lying vacant and also on the post of Principal.

We are not only surprised but shocked to note that the office of the Principal is being managed presently by Additional District Development Officer, (Samaj Kalyan), who according to the petitioner is not at all qualified for holding the post of Principal, it being a technical post.

That being so, we direct that till selection on the post of Principal is made, the senior most lecturer in the Institution shall be given the charge of the post of Principal but this arrangement would neither confer any right upon him nor give any additional weightage upon him for holding the post of Principal when the selection is made.

We, further direct that the promotion/appointment on the post of Head of Department be made expeditiously say preferably within a maximum period of two months and the appointment of the Principal be made accordingly within a period of one month thereafter.

Subject to aforesaid directions the petition is disposed of finally.