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Showing contexts for: selection process completed in State Of U.P.& Ors vs Bharat Singh & Ors on 8 March, 2011Matching Fragments
6. The Commission took nearly two years to complete the selection process which culminated in the publication of a select list in terms of a notification dated 15th May 2007.
With the publication of the select list, the batch of writ petitions pending before the High Court in which the interim orders mentioned above had been issued was dismissed as infructuous. The High Court while doing so noted the submission made on behalf of the Commission that there was no cadre of Principals in the Post-Graduate colleges and the posts of Principals were not interchangeable or transferable.
Mere issue of a fresh notification in compliance with the order passed by the High Court or the completion of the selection process did not render the writ petitions infructuous, for the question whether the posts of Principals were subject to reservation had to be answered by the High Court which it had omitted to do. It was further argued that the High Court had not only ignored the decision of a coordinate Bench in Onkar Dutt Sharma and Ors. v. State of U.P. and Ors. (2001) 1 SAC 505, but failed to satisfactorily address the question whether the post of Principals constituted a cadre and was, therefore, amenable to reservation in terms of The Uttar Pradesh Services (Reservation for Scheduled Castes and Scheduled Tribes and other Backward Classes) Act, 1994. It was contended that the provisions of the Uttar Pradesh Higher Education Service Commission Act, 1980 had the effect of clubbing posts of Principals in different affiliated colleges and once such clubbing was statutorily prescribed for purposes of process of selection and recommendations for appointment, the said posts could be treated as a part of one single cadre to which provisions of Reservation Act, 1994 would apply.
Graduate institutes did not enjoy any such immunity. The difference between the two provisions was, according to Mr. Dwivedi, significant and showed that wherever reservation was not intended to apply to the post of Principals as in the case of secondary schools, a specific provision to that effect was made in the statute.
1716. On behalf of the respondents Mr. P.S. Patwalia, senior counsel, argued that the enquiry instituted by the Government into the validity of the selection process was motivated by political considerations. He urged that selection process having been completed by the Commission during the previous regime the same was not found palatable by the successor Government in the State of Uttar Pradesh who contrived to subvert the entire exercise on one pretext or other.
32. The fact that the management was required to communicate the available vacancies to the Director of Higher Education or that an appointment order must be issued, once the selection process is completed and a candidate is recommended for appointment also does not in our opinion have the effect of creating a cadre of principals.
All that the said provision is intend to achieve is to ensure that the vacancies are referred to the Statutory Commission to enable it to conduct the process of selection and once the process is completed and recommendations made, the management do not refuse appointment to the candidate considered best for the post.