Post Graduate College Ghazipur vs Purvanchal University Jaunpur & Ors.

S.R. Singh and D.R. Chaudhury, JJ.—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 selfsame University.

Factual background of the case may be slated thus : Swami Sahjan and 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 in Khardiha Degree College Khardiha, Ghazipur. The 3rd respondent namely Dr. Harish Chandra Rai entered the service as a Teacher in Khardiha Degree College Ghazipur on 411979. It seems there existed a vaeancy 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 Gha/ipur 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 18799 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 61299 (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 71299 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 College, Ghazipur in its meeting held on 1322000 cancelling the earlier resolution dated 101099 and for relieving the petitioner of his duties lecturer of the said college. A representation dated 1822000 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, 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 1462000.

We have heard Sri Gajendra Pratap for the petitioner, Sri Pankaj Mittal for the University and Sri Ajit Kumar Singh for the 3rd respondent.

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, 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 "every 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 self Graduate College being void, would not result in loss of lien of the 3rd respondent in the Degree College.

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.

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 Khardiha Degree College, Khardiha,, Ghazipur.