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Judgment
B.S. Verma, J.—Sri S.N. Babulkar, Senior Advocate, with Sri Anil Kumar Bisht, learned Counsel for the petitioner and Sri Vinod Nautiyal, Advocate, learned Counsel for the respondents-University.
Heard. Admit the writ petition.
Learned Counsel for the parties have urged that the matter being urgent, the writ petition be disposed of finally today.
This writ petition has been filed for quashing the impugned order dated 2-4-2008 (Annexure No. 11 to the writ petition), whereby the selection of faculty members, which was approved by the earlier selection committee on 17-3-2008 has been disapproved on the ground that the selection was not made as per provisions of Sub-section (10) of Section 31 of the State Universities Act, which provides that no selection for any appointment under this Section shall be made except after advertisement of the vacancy in at least three issues of two newspapers having adequate circulation in Uttar Pradesh now Uttarakhand.
The main ground for disapproving the selection is that the advertisement for the post of Faculty Members was advertised in one newspaper only, i.e. Amar Ujala.
Learned Counsel appearing for the petitioner has contended that the earlier selection committee was appointed by the respondent-University as per procedure and there is no occasion to appoint a fresh selection committee, which was constituted by the impugned order.
During the course of arguments, learned Counsel for the petitioner has submitted that the matter is of an urgent nature, because the Session is going to start and affiliation of the Institution was upto 30th June, 2008.
Keeping in view the welfare of the students, it is expedient in the interest of justice that the selection be made by the Institution as soon as possible as per provisions of Sub-section (10) of Section 31 of the State Universities Act and Rule 11.04 of the First Statute of the H.N.B. Garhwal University.
So far as the nomination of fresh selection committee is concerned, I find no infirmity in the impugned order constituting new selection committee because the earlier selection committee had ignored the provisions of Sub-section (10) of Section 31 of the State Universities Act and the selection was made by advertising the vacancy in only one daily newspaper, while the statute provides that advertisement of vacancy shall be made in at least three issues of two newspapers having adequate circulation in the State.
So far as the affiliation of the institute is concerned, the affiliation of the petitioner institute shall not be withheld by the University on the ground of selection and the petitioner is directed to start the selection process immediately as per provision of Sub-section (10) of Section 31 of the State Universities Act 1973 and the provision of Rule 11.04 of the First Statute through the new selection committee, which was constituted by the respondent-University under the impugned order dated 2-4-2008 (Annexure No. 11 to the writ petition).
With the above direction, the writ petition is disposed of finally.
All pending applications stand disposed of.