Hon'ble Ifaqat Ali Khan, J.
(Delivered by Hon'ble Sudhir Agarwal,J.)
1. Both these matters are connected having similar facts and involving similar issues of facts and law, therefore, have been heard together and are being decided by this common judgment.
2. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Vishnu Shanker Gupta, learned counsel for petitioners, Sri G.K.Singh, learned counsel for respondent 4, learned Standing Counsel for respondent 1 and Sri Rohit Pandey, learned counsel for respondents 2 and 3 in Writ Petition No.45869 of 2017 (hereinafter referred to as "First Petition") and Sri Anil Kumar Tiwari, learned counsel for petitioners, learned Standing Counsel for State-respondent 1 and Sri Rohit Pandey, learned counsel for respondents 2 and 3 in Writ Petition No.57188 of 2017 (hereinafter referred to as "Second Petition").
3. First Petition has been filed by 25 petitioners, who were selected and appointed as Guest Faculty/Lecturer in different disciplines and apprehending their discontinuance in case selection and appointment is finalized pursuant to Advertisement No.01/Faculty/Banda/2016 dated 05.11.2016 and Advertisement No.01/Rectt/Banda/2017 dated 12.05.2017, they have challenged selection.
4. In Second Petition there are 12 petitioners, who are challenging entire selection conducted for appointment at teaching positions of Professors, Associate Professors and Assistant Professors in different Rajkiya Engineering College (hereinafter referred to as 'R.E.C.') of State of Uttar Pradesh as well as Advertisement No.01/REC/2017 dated 12.05.2017. Details of various advertisements are given in para 2 of Second Petition.
5. There are several Engineering Colleges in State of U.P., which are called R.E.C. and in the present writ petition, we are concerned with following R.E.Cs. :-
(i) Rajkiya Engineering College, Banda (in short "R.E.C., Banda")
(ii) Rajkiya Engineering College, Ambedkar Nagar (in short "R.E.C., Ambedkar Nagar")
(iii) Rajkiya Engineering College, Azamgarh (in short "R.E.C., Azamgarh")
(iv) Rajkiya Engineering College, Sonbhadra (in short "R.E.C., Sonbhadra")
(v) Rajkiya Engineering College, Kannauj (in short "R.E.C., Kannauj")
(vi) Rajkiya Engineering College, Mainpuri (in short "R.E.C., Mainpuri")
(vii) Rajkiya Engineering College, Bijnor (in short "R.E.C., Bijnor")
6. These R.E.Cs. are established by individual Societies Registered under Societies Registration Act, 1860 (hereinafter referred to as 'Act, 1860). For example R.E.C., Banda is established and managed by Dr. Bhim Rao Ambedkar Engineering College of Information Technology Society, Banda, (hereinafter referred to as "Dr.B.R.A.E.C. Society, Banda") registered under Act, 1860. Promoters of Society include the then Minister, Technical Education; Principal Secretary, Technical Education; Vice Chancellor, U.P. Technical University; Director, Technical Education, etc.
7. Similarly, R.E.C., Azamgarh also called as Manyawar Kanshi Ram Engineering College of Information Technology, Azamgarh, is established and managed by Manyawar Kashi Ram Engineering College of Information Technology Society (hereinafter referred to as "M.K.R.E.C. Society, Azamgarh") registered under Act 1860. Here also Promoters of Society are Ministers, Principal Secretary and other officials of State Government.
8. In similar way, other R.E.Cs. have been established at different places. They are funded by Government and we are informed that all these Colleges are affiliated to U. P. Technical University (hereinafter referred to as "U.P.T.U.").
9. R.E.C., Banda published an Advertisement No.01/2015 inviting eligible persons for walk in interview for making selection of "Guest Faculty/Lecturer" in Mechanical, Electrical, Electronics, Computer Science & Engineering, Information Technology, Physics, Chemistry, Mathematics, English and Management for Session 2015-16. Petitioners attended interview and were selected for appointment as "Guest Faculty/Lecturer" in various disciplines, as detailed below :
Sl./Pet. No. Name of petitioner Department 1 Asheesh Kumar Soni Mechanical Engineering 2 Dr. Apoorva Dwivedi Applied Science (Physics) 3 Pravesh Kumar Information Technology 4 Abhinav Kumar Electrical Engineering 5 Om Shiv Verma Electrical Engineering 6 Bhavtosh Mishra Information Technology 7 Neeraj Kumar Dubey Information Technology 8 Jitendra Kumar Mechanical Engineering 9 Satendra Kumar Singh Mechanical Engineering 10 Imran Khan Information Technology 11 Hina Naz Khan Applied Science (English/ Management) 12 Pragati Gupta Information Technology 13 Rajesh Kumar Electrical Engineering 14 Abhinesh Bhaskar Mechanical Engineering 15 Sandeep Kumar Yadav Information Technology 16 Gulshan Katara Electrical Engineering 17 Mahendra Pratap Deo Eletrical Engineering 18 Dr. Nalini Dwivedi Applied Science (Chemistry) 19 Dinesh Singh Electrical Engineering 20 Rajendra Kumar Mechanical Engineering 21 Abhay Prakash Information Technology 22 Sharad Kumar Information Technology 23 Deepak Kumar Singh Information Technology 24 Sunil Kumar Yadav Mechanical Engineering 25 Prashant Yadav Electrical Engineering
10. Thus, petitioners 1, 8, 9, 14, 20 and 24 in First Petition were appointed as Guest Faculty/Lecurer in Department of Mechanical Engineering; petitioners 2, 11 and 18 were appointed as Guest Faculty/Lecturer in Applied Science Department; petitioners 3, 6, 7, 10, 12, 15, 21, 22 and 23 were appointed as Guest Faculty/Lecturer in Department of Information Technology; and petitioners 4, 5 13, 16, 17, 19 and 25 were appointed as Assistant Professors in department of Electrical Engineering.
11. All these petitioners in First Petition continued to function in academic Session 2015-16.
12. Then for Academic Session 2016-17, another advertisement i.e. Advertisement No.01/2016 was published by R.E.C., Banda, notifying vacancies of Guest Faculty/Lecturer in different disciplines. All petitioners of First Petition applied afresh and after interview, they were again appointed in the same manner, as appointed earlier, for Academic Session 2016-17.
13. The third advertisement was published by R.E.C., Banda, in 2017 i.e. Advertisement No.02/Guest Faculty/2017. Again petitioners submitted fresh applications and having been selected, they continued in Academic Session 2017-18.
14. Besides academic work, all other administrative and extra curricular activities are also being undertaken by petitioners as there is no other regular member in the Faculty to look after such work. Petitioners are paid remuneration, lecture-wise, i.e. Rs.450/- per lecture, subject to maximum payment of Rs.30,000/- per month.
15. Director, R.E.C., Banda, besides above exercise of appointment of Lecturers for each Session, published an Advertisement No.01/Faculty/Banda/2016 dated 05.11.2016 inviting applications in prescribed format for appointments at teaching positions of Professors, Associate Professors and Assistant Professors in the Department of Electrical Engineering, Mechanical Engineering, Information Technology, Applied Sciences & Humanities Department (Physics, Mathematics, Chemistry, English, Management and Electronics Engineering). Last date for submission of application forms was 05.12.2016.
16. Another advertisement was published by R.E.C., Banda, being Advertisement No.01/Recruitment/Banda/2017 dated 12.05.2017 inviting applications for appointment at teaching positions of Professors, Associate Professors and Assistant Professors with further condition that those, who have already applied against Advertisements No.01/Faculty/ Banda/2016 and 02/Non Teaching/Banda/2016, need not apply again.
17. Petitioners submitted applications offering their candidature pursuant to advertisement dated 05.11.2016 for the posts of 'Assistant Professor', in different disciplines in which they possessed requisite eligibility qualifications.
18. Similar advertisements for recruitment of Faulty members for other R.E.Cs., were published by REC, Sonbhadra; R.E.C., Bijnor; R.E.C., Azamgarh and R.E.C., Kannauj vide Advertisements no.-:
(i) 01/Advt./REC/Sonebhadra/2017 dated 12.05.2017 (Sonbhadra)
(ii) 02/Advt./REC/2017 dated 06.05.2017 (Bijnore)
(iii) 01/Advt./REC/2016 dated 13.11.2016 (Azamgarh)
(iv) 01/Advt./REC/2017 dated 12.05.2017 (Kannauj)
19. As per bye laws of Society of each R.E.Cs., selection has to be conducted by Screening Committee consisting of Director as Chairman, one Expert and Head of Department concerned as members.
20. Though every R.E.C. is an independent unit having separate Faculty, different Bye-laws and individual legal persona, but respondents have informed that Online Examination would be held on 08.10.2017 for all the applicants in different disciplines in different R.E.Cs.
21. This common examination is being challenged on the ground that for different Educational Institutions, a combined written test, which is not prescribed in Bye Laws, can be held; moreso, when all R.E.Cs. are independent entities and there is no provision which may otherwise authorise respondents to constitute single examination for all such Colleges.
22. In First Petition, petitioners have also contended that since they are already working in last Academic Session having been appointed as Guest Faculty/Lecturers, they should be allowed to continue.
23. In Second Petition, not only Online Examination held for all R.E.Cs. has been challenged but various advertisements have also been challenged and a prayer has been made that respondents be directed to publish fresh advertisement properly, making recruitment as per provisions made in respective Bye-laws of different Societies governing different R.E.Cs.
24. A counter affidavit on behalf of respondents 2 and 3 has been filed, which is sworn by Professor D.S.Yadav, Director, R.E.C., Banda admitting that initially Engineering College was established by B.R.A.E.C. Society, Banda and the College's name was Dr. Bhimrao Ambedkar Engineering College of Information Technology, Banda but subsequently it has been renamed as R.E.C., Banda, pursuant to Government Order issued in this regard. Posts of Professor, Associate Professor and Assistant Professor were created in R.E.C., Banda vide Government Orders dated 21.9.2010 and 10.05.2013. Since regular appointments had to take some time, therefore, to meet immediate exigency, in the interest of institute and students, R.E.C., Banda decided to engage teachers on temporary basis as Guest Faculty/Lecturer on payment of Rs.300/- per lecture subject to maximum of Rs.20,000/- per month. This emolument was increased to Rs.450/- per lecture subject to maximum of Rs.30,000/- per month.
25. Petitioners in First Petition were appointed as Guest Faculty/Lecturer in the academic session 2015-16 and 2016-17 but these appointments are not regular, and not made as per statutory provisions.
26. Board of Governor of R.E.C., Banda, in its meeting dated 15.09.2016 decided to make regular selection by publishing vacancies and inviting applications for such appointments. After screening of application forms, online written examination was conducted on 08.10.2017 and now Selection Committee would conduct interview of candidates, who have qualified in written examination conducted for regular selection and appointment. Appointment of Guest Lecturer does not create any right upon individuals including 25 petitioners of First Petition to claim continuance and also to avoid regular selection and appointment of Lecturers in various disciplines in the College, which is governed by relevant provisions, applicable to the Institution.
27. Initially, as per decision taken by Board of Governors, R.E.C., Banda, an advertisement was issued on 05.11.2016. Thereafter State Government took a decision that vacancies should be readvertised, hence, another advertisement was published on 12.05.2017 inviting Online applications from candidates, but, it was provided that those, who have already applied, need not apply again and pay any fee, but if candidate has acquired any additional qualification, he may submit fresh online application in respect thereof without any fee. State Government, vide Government Order dated 26.10.2016, has determined process for regular Faculty selection in different R.E.Cs. in State of Uttar Pradesh. This letter was circulated to all R.E.Cs., nine in numbers in the State of Uttar Pradesh, including those R.E.Cs., which are before this Court. Regulations framed by All India Council for Technical Education (hereinafter referred to as "AICTE") provides Minimum Scores for direct recruitment of teachers in Technical Institutions as per Table II(B). Distribution of marks in selection procedure are in following ratios :
(a) Academic Record and Research Performance 50%...
(b) Assessment of Domain Domain Knowledge and Teaching Skills 30%...
(c) Interview Performance 20%...
28. As per Government Orders dated 21.09.2010 and 10.05.2013, after inviting applications, written Online examination has already been held on 08.10.2017 and candidates, who were qualified therein, would be required to participate in interview. Petitioners, who had applied pursuant to advertisements dated 05.11.2016 and 12.05.2017, would be considered for regular appointment on the post of Assistant Professor as per scheme of selection.
29. Under the Bye-laws, constitution of Selection Committee has been provided. Vide Government Order dated 20.06.2017, Vice-Chancellor of U.P.T.U. was appointed as Chairman of Selection Committee for selection of regular Faculties in different R.E.Cs. in State of Uttar Pradesh in view of para -4(A)(1) of Bye-laws.
30. Chairman, Selection Committee convened meetings of Directors of R.E.Cs., which were held on 18.08.2017, 23.08.2017, 04.09.2017 and 08.09.2017. Director of different R.E.Cs. have been appointed as Coordinator for screening out applications received against respective teaching posts. Since very large number of applications were received, hence, it was decided that an online joint examination/OMR Sheet at University level would be conducted from 08.10.2017. Petitioners, having been appointed as Guest Teacher/Lecturer in different disciplines on fixed salary, cannot claim any right to continue since appointment is temporary and has not been made as per procedure prescribed for regular appointments. Selection is being made broadly consistent with guidelines, norms and regulations framed by AICTE and bye-laws are also being strictly followed subject to such further procedure as directed by Government, since there is no otherwise prohibition contained in bye-laws from proceeding in such a manner. Petitioner 5 was not qualified for the post of Assistant Professor (Management) as he did not possess National Eligibility Test (hereinafter referred to as "N.E.T.") qualification, which is necessary for the post of lecturer as prescribed by AICTE vide All India Council For Technical Education (Pay Scales, Service Conditions and Qualifications for the Teachers and Other Academic Staff in Technical Institutions (Degree) Regulations, 2010 (hereinafter referred to as "Regulations, 2010"). Result of written online examination held on 08.10.2017 was immediately declared and those, who qualified, have been called for interview. Since none of the petitioners in First Petition have qualified in written online examination, they have not been called for interview.
31. Another counter affidavit has been filed on behalf of respondents 4 U.P.T.U., which is sworn by Sri A.K.Shukla, Deputy Registrar. It also refers to Government Order dated 21.09.2010 and 10.05.2013 whereby posts of Professor, Associate Professor and Assistant Professor were created in R.E.C., Banda. Since regular appointment was to take time, temporary appointments as Guest Teacher/Lecturer was made on fixed emoluments. Thereafter, Board of Governor, R.E.C., Banda, proceeded to make regular selection, hence, advertisement dated 05.11.2016 was issued. Vide Government Order dated 26.10.2016, process for regular selection was issued, hence, a meeting was called for screening of applications and holding Combined Written Examination to short-list the candidates. The constitution of Selection Committee is provided in Bye-laws. In fact, in all other aspects, reply of respondent 4 is similar to that of respondents 2 and 3. It has also reiterated that since none of the petitioners of First Petition has qualified in online written examination, therefore, they have not been called for interview.
32. A supplementary counter affidavit has also been filed on behalf of respondents 2 and 3. It is stated therein that candidates, selected for regular appointments, have been appointed in December, 2017 and they are working on their respective posts. Since none of them have been impleaded, therefore, no effective relief can be granted to petitioners. Selection has been made pursuant to advertisement dated 12.5.2017. A meeting was held on 05.10.2016, in which it was deliberated as to how selection for regular appointments in R.E.Cs. should be made. All Directors of different R.E.Cs., who participated therein, decided to adopt selection process criteria/weightage as per "All India Council for Technical Education (Career Advancement Scheme (CAS) for the Teachers and other Academic Staff in Technical Institutions)(Diploma) Regulations, 2012" (hereinafter referred to as "Regulations, 2012"), which is as under :
Assistant Professor/ Equivalent Cadres Associate Professor/Equivalent Cadres Professor/Equivalent Cadres Minimum API Scores Minimum Qualification as stipulated in the AICTE Regulations Consolidated API score requirement of 300 points from category III of APIs Consolidated API score requirement of 4(.) points from category III of APIs Selection Committee Creiteria/ Weightages (Total Weightage=100)
a) Academic Record and Research Performance (50%)
b) Assessment of Domain Knowledge and Teaching Skills (30%)
c) Interview Performance (20%)
a) Academic Background (20%)
b) Research Performance based on API Score and quality of Publications (40%)
c) Assessment of Domain Knowledge and Teaching Skills (20%)
d) Interview Performance (20%)
a) Academic Background (20%)
b) Research Performance based on API Score and quality of Publications (40%)
c) Assessment of Domain Knowledge and Teaching Skills (20%)
d) Interview Performance (20%)
33. The above report was considered by State Government and it issued Government Order dated 26.10.2016 to follow aforesaid selection process. Selection has been finalized strictly as per procedure prescribed in bye-laws of Society. It is also stated that for the first time, regular selection for the post of Professor, Associate Professor and Assistant Professor in different Government funded Engineering Colleges in State of Uttar Pradesh has been made. Pursuant to advertisement dated 12.05.2017, approximately 2800 candidates had applied for the post of Assistant Professor in different disciplines in R.E.C., Banda. Screening Committee, as per Clause 5(a) of bye-laws was constituted by R.E.C., Banda in which Director himself was Chairman and one Expert from the panel of Experts approved by Board of Governor was Member. Since there was no Head of Department in any of the departments of R.E.C., Banda, as no previous selections were made for regular appointments in the post, therefore, Screening Committee, de facto, consisted of Director as Chairman and one Expert as Member. In other R.E.Cs., where there was a regular Head of Department, he has participated as Member of Screening Committee. Screening Committee, for different subjects, were constituted separately and some of such office orders have been filed as Annexure SCA-1. Screening Committees examined all applications as per qualifications prescribed in Regulations framed by AICTE and those, who satisfied requisite qualifications, were processed to proceed further.
34. In all the R.E.Cs., more than 13,000 application forms were received. Thus, a meeting was held on 04.09.2017 by representatives of all R.E.Cs. to evolve a method to test "domain knowledge" of all candidates in a transparent and efficient manner so as to ensure uniformity in standard, so that, there may not be a chance of discrimination and arbitrariness and also to reduce practical difficulty in selection of such a large number of candidates.
35. Since common standard was applied, all the applications have been considered with same standards. If they would have been considered separately, there could have been chance of different assessment, which has been negatived when a combined test has been held by all R.E.Cs. holding a written test, which is also a method of short listing the applications.
36. Therefore, Combined Online Examination was held on 08.10.2017 and those, who qualified, have been interviewed by Selection Committees, constituted as per respective bye-laws. For R.E.C., lists of Experts, approved by Board of Governors for different subjects are available and Experts have been taken from such panels. Chairman of Selection Committee i.e. Vice Chancellor, U.P.T.U., nominated Members who are representatives of SC/ST and OBC, vide order dated 09.11.2017. Vide order dated 31.10.2017, AICTE has also nominated panel of experts.
37. Respondent 3 requested nominated Subject Experts of respective Selection Committee and sent letter dated 15.11.2017 to hold meeting for interview. Interviews were held and recommendations made by Selection Committee has been approved by Board of Governor on 06.12.2017. Thereafter, selected candidates were issued appointment letters dated 08.12.2017 and they have joined on their respective posts on 11.12.2017. Some candidates have qualified in more than one Colleges and they have joined College of their choice. Therefore, candidates, who were selected and offered appointment by R.E.C., Banda, but have joined other Ccollege, have conveyed their refusal/rejection to the appointment letter. List of selected candidates has been filed as Annexure SCA-4, which shows that 26 persons have already joined on the posts of Assistant Professors in different disciplines on 8.12.2017, except one Deep Singh Thakur, who joined on 19.12.2017. Petitioners also participated in aforesaid selection but having failed in online written test, they have challenged the same, which is not permissible.
38. Petitioners of First Petition have also filed rejoinder affidavit, and in reply to counter affidavit of respondents 2 and 3, placed on record appointment letters issued on 08.12.2017 as Annexure R.A.-2. It is stated that AICTE is a body, constituted to consider recognition of various courses exercising its statutory power under All-India Council for Technical Education Act, 1987 (hereinafter referred to as "AICTE Act, 1987") and Regulations framed thereunder. It is not disputed that All India Council For Technical Education (Grant of Approvals for Technical Institutions) Regulations, 2010 (hereinafter referred to as "Regulations for Grant of Approval, 2010") have been framed, which deal with procedure for grant of approval for starting new Technical Institutions, introduction of Courses or Programs and increase/variation of intake capacity of seats for the Courses or Programs; and, extension of approval for the existing Technical Institutions. In the information given by R.E.C., Banda, all petitioners have been shown as "Regular Faculty" though in the counter affidavit, they are termed as "Temporary Faculty". The facts stated in writ petition and supplementary affidavits are reiterated and it is stated that joint written test conducted by different R.E.Cs., collectively, is not valid.
39. A similar rejoinder affidavit has been filed to reply the counter affidavit filed on behalf of respondent 2.
40. Two rejoinder affidavits have been filed in reply to the supplementary counter affidavit, filed by respondents 3 and 4, basically reiterating facts stated in writ petition and supplementary affidavits, hence we shall deal with respective reply while considering the issue on merits.
41. In the Second Petition, entire online written examination held on 08.10.2017 has been challenged and a writ of certiorari has been prayed to quash the same. Further a writ of certiorari has been prayed to quash different advertisements filed as Annexures 1 to 4, which are as under :
i. Advt. No.01/Faculty/Banda/2016 dated 05.11.2016 (Offline) ii. Advt. No.01/REC/2016 dated 22.10.2016 (Ambedkar Nagar Offline) iii. Advt. No.01/REC/2016 dated 13.11.2016 (Azamgarh Offline) iv. Advt. No.01/REC/2017 dated 12.05.2017 (Azamgarh Online) v. Advt. No.01/REC/Banda/2017 dated 12.05.2017 (Online) vi. Advt. No.02/REC/AEC/2017 dated 12.05.2017 (Ambedkar Nagar Online) vii. Advt. No.01/REC/SONBH/2017 dated 12.05.2017 (Sonbhadra Online) viii. Advt. No.02/REC/2017 dated 06.05.2017 (Bijnor Online).
42. A Writ of Mandamus has also been prayed restraining respondents from proceeding further on the basis of online examination held on 08.10.2017 for the teaching positions of Professors, Associate Professors and Assistant Professors in various R.E.Cs., and, further mandamus is sought directing respondents to conduct fresh recruitment by readvertising vacancies properly, in different R.E.Cs. separately.
43. Second Petition was presented on 27.11.2017 and connected with First Petition vide Division Bench's order dated 30.11.2017.
44. Thus, petitioners have collectively challenged written online examination and process of selection, after some of them had appeared in written examination but not called for interview, and some have claimed that they did not receive admit cards in time.
45. No separate counter affidavit has been filed in Second Petition but learned counsel for petitioners stated that since pleadings are complete in connected First Petition, therefore, this Court may consider pleadings in First Petition and decide the issues, hence, we proceeded to hear both writ petitions and are deciding by this judgment basically referring to pleadings in First Petition.
46. The basic issue raised in both these writ petitions is about a Combined Written Online Examination, sought to be conducted jointly in respect of recruitment of Faculty/Lecturers in different R.E.Cs.. The question is -:
"whether procedure adopted by respondents is valid and in accordance with law".
47. At the outset, we may notice that it is not in dispute that all R.E.Cs. have been established by State Government after constituting respective Societies, registered under Act, 1860 but all R.E.Cs. are funded and controlled by State Government. In this regard, date and time of establishment of different R.E.Cs. are not relevant since objectives, bye-laws and rules of all R.E.Cs. are similar. For the purpose of brevity, we therefore refer to Article of Association of Society, formed to establish R.E.C., Banda as also its Bye-laws and rules.
48. It is not in dispute that broadly, Article of Association, bye-laws and Rules of all societies, governing different R.E.Cs. are similar.
49. Copy of memorandum of Association of Dr. Bhimrao Ambedkar Engineering College of Information Technology Society, Banda, (hereinafter referred to as "Society, Banda") is on record as Annexure 1 to the First Petition. Promoters of Society, Banda, who also constitute Board of Governors at the time of its registration, were-:
"(i) Hon'ble Minister, Technical Education, Government of U.P.
(ii) Principal Secretary/Secretary, Technical Education Department, Lucknow.
(iii) Vice-Chancellor, U.P. Technical University, Lucknow.
(iv) Director, Technical Education, Kanpur.
(v) Director, Dr. Bhimrao Ambedkar Engineering College of Information Technology, Banda.
(vi) Director, I.T., B.H.U., Varanasi
(vii) A Nominee of the All India Council of Technical Education.
(viii) One eminent technologist / engineer having specialization in the Field advent to the Institute to be nominated by the Board.
(ix) One Head of the Department of the Institute / Institution not below the rank of Professor to be nominated by the Board for one year by rotation in order of seniority.
(x) Three eminent persons in the field of Technical Education to be nominated by the State Government.
(xi) One eminent person from industry to be nominated by the State Govt.
(xii) One person from S.C. category to nominated by the Chairman
(xiii) Governing body from amongst reputed teachers educationist Insustrialist.
(xiv) One person from O.B.C. category to nominated by the Chairman."
50. The objects and functions of B.R.A.E.C. Society, Banda are described in para 3 of Memorandum of Association and relevant provisions are reproduced as under :
"3. The object and functions of the Society shall be :
(i) To establish and carry on the administration and management of the Dr. BHIMRAO AMBEDKAR ENGINEERING COLLEGE OF INFORMATION TECHNOLOGY, Society, BANDA (hereinafter referred to as Institute)
(ii) To provide for instructions and research in different branches of Engineering/Technology & such other branches as the Institute may think fit and to conduct course of degree and post-graduate degree, in Engineering / Technology and for the advancement of learning and dissemination of knowledge in all such branches.
(iii) To hold examinations and make rules & regulations therefore declare results and give awards for courses other than that for Univ. degree and make arrangements for examination conducted by the University in accordance with the statue and regulations of the Univ. to which the Institute is affiliated.
....
(v) To fix and demand such fees and other charges as may be laid down in the bye-laws or rules of the society.
...
(x) To create teachers, research, administrative, technical and ministerial posts and to make appointments there to in accordance with the approved scheme and the rules and bye-laws of the Society that may be approved by the Government of Uttar Pradesh (hereinafter referred to as the State Government)
(xi) To cooperate with educational or other Institutions in any apart of the world having objects wholly or partly similar to those of the Society by exchange of the teachers and scholars and generally in such manner as may be conductive to their common object.
....
(xv) To institute and award fellowships, scholarships, prizes and medals in accordance with the rules and bye-laws of the Society.
(xvi) To frame the first rules and bye-laws of the Institute with the approval of the State Government. The Society may from time to time make new or additional rules or may amend or repeal the rules with the concurrence of the State Government.
(xvii) To acquire or hold property, subject to prior approval of the State Government in the case of acquisition of immovable property.
...
(xix) To maintain a fund which shall include
(a) All money provided by the States and Central Governments.
(b) All fees other charges received by the Society.
(c) All moneys received by the Society by way of grants, gifts, donations, benefaction, bequests or transfers, provided that no benefactions shall be accepted by the Society which in its opinion involves conditions or obligations opposed to the spirit and objects of the society.
(d) All money received by the Society in any other manner or from any other source.
(xx) To deposit all money credited to the fund in such a bank or interest them in such a manner as the Society may, with the approval of the State Government, decide.
...
(xxii) To maintain proper accounts and other relevant records and prepare annual statements of accounts including the balance sheet such form as may be prescribed by the State Government.
(xxiii) To have accounts of the Society audited in such manner as the State Government may direct and to forward annually to the State Government the accounts duly certified by the auditors together with Audit Report thereon.
(xxiv) To do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Society.
(xxv) To constitute such committee or committees as the Society may deem fit for disposal of or advice on any business of the Institute." (Emphasis added)
51. Paras 4 and 5 talk of "Delegation of Powers" and Paras 6 to 10 talk of "limitations" on the power of "Society" and the same read as under :
"Delegation of Powers
4. The Society may delegate all or any of its powers to the Board of Governors of the Institute or to any of the committee or committees constituted by it or to any officer or officers of the Society.
5. The Institute shall be open to persons of either sex and of whatever race, creed, castes of class, and no test of condition shall be imposed as to religious belief or profession in admitting students or in appointing members, teachers and workers or in any other connection whatsoever.
Limitations
6. No immovable or movable property of the Society shall be disposed of in any manner what so ever without the approval of the State Government.
7. The State Government may appoint one or more persons to review the work and progress of the Society or Institute and to hold enquiries into the affairs thereof and to report thereon in such manner as the State Government may stipulate. Upon receipt of any such report, the State Government may take such action and issue such directions as it may consider necessary in respect of any of the matters dealt with in the report and the Society or Institute as the case may be, shall be bound to comply with such directions.
8. In case the Society is not functioning property, the State Government will the power to take over the assets of the Society, including the administration of the Institution.
9. If on the winding up or dissolution of the Society, there shall remain, after the satisfaction of the debts and liabilities, any money or property, the same shall not be paid or delivered to any member of the Society but shall be disposed of in such manner as the State Government may determine in this behalf.
10.(a) The Government of Uttar Pradesh may from time to time issue directives to the Society as to the exercise and performance of the function in the manners involving the security of the State or substantial public interest and such other directives as it may consider necessary in regard to the finances and conduct of business and affairs of the Society and in the like manner may vary any such directive(s). The Society shall give immediate effect to the directive(s) so issued.
(b) The Government of Uttar Pradesh may call for such returns, accounts and such other information's with respect to the properties and activities of the Society as may be required by it from time to time." (emphasis added)
52. For the purpose of governing the Society, Banda, Rules have been framed, copy whereof is Annexure 2 to the writ petition. Rule 3 thereof provides that Society shall consist of all the members of the Board of Governors (hereinafter referred to as "Board"). Rule 6 provides that Board shall be governing body of Society and general superintendence, direction and control of the affairs of Society and its income and property, movable as well as immovable shall be vested in it.
53. Board of Governors, consist of following, as prescribed in Rule 7 :
"The Board shall be composed of :
54. Rule 23 provides that wherever approval of Government is required, the document shall be submitted to the Government. Rule 25 deals with powers and functions of the Board and reads as under:
"The powers and functions of the Board shall be :
(i) To take decision on the question of policy relating to the administration and working of the Institute.
(ii) To prepare and execute detailed plans and programmes for the establishment of the Institute and carry on its administration development and management.
(iii) To frame, with the approval of the State Government, bye-laws which may provide for all or any of the following matters:
a. The formation of departments of teaching b. The fees to be charged for courses of study in the Institute with the approval of the State Government.
c. The creation of fellowships, scholarships exhibition, prizes and medals.
d. The holding of seminars and scientific meets.
e. The classification and methods of appointment and the determination of the terms and conditions of teachers and other staff of Institute as laid down in the service rules.
f. The constitution of provident funds for the benefit of the officers, teachers and other staff of the Institute.
g. The establishment and maintenance of hall, hostels and residential quarters for teachers and other staff of the Institute.
h. The conditions of residence of students of the Institute and the levying of fees for residence in the halls and hostels and of other charges.
(iv) To receive, hold in custody and spend the funds of the society and manage the properties thereof.
(v) To purchase, take on loan or in exchange hire or otherwise acquire or dispose of any property, whether movable or immovable, or take gift of any property for the purpose of Institute. Provided that the prior approval of the State Government shall be obtained before acquiring or disposing any immovable property or accepting any gift or any property whether movable or immovable.
(vi) To create academic as well as other posts in the Institute with the approval of the State Government and to appoint persons thereon.
(vii) To consider and pass resolutions or annual report, the annual accounts and the budget estimates of the Institute for the next financial year as it thinks fit and sanction expenditure within the limits of the Budget as approved by the State Government.
(viii) To appoint Finance Committee, Academic Committee, Administrative Committee, Committee on sponsored and industrial Research (whose functions are defined hereinafter) and such other Committee for such purpose and with such powers as the Board may deem fit. The Board may co-opt such persons in such committee, as it may deem suitable.
(ix) To delegate by resolution to a committee or the Chairman, such of its powers for the conduct of its business as it may deem fit, subject to the condition that action taken by any committee or the Chairman under the power delegated to them under this clause shall be reported for confirmation at the next meeting of the Board.
(x) To appoint such of the sanctioned staff as may be required for the efficient management of the affairs of the Institute and regulate their recruitment.
Provided that in the exercise of its powers and discharge of its function, the board shall be guided by such directions on questions of policy as may be given to it by the State Government." (emphasis added)
55. There are different Committees referred to in Society Rules i.e. Finance Committee, Administrative Committee, Building & Works Committee, Purchase Committee and Academic Committee. Powers of Chairman are enumerated in Rule 31 and relevant sub-rules (1), (2) and (5) are reproduced as under :
"31 POWER AND DUTIES OF CHAIRMAN (1) The chairman shall ordinarily preside at the meeting of the Board. It shall be the duty of the chairman to ensure that the decisions taken by the Board are implemented.
(2) Notwithstanding anything contained in the bye laws, the chairman, with the prior approval of the State Government shall have power to fix on the recommendations of the selection committee set up by or under the bye-laws, the initial pay of an incumbent at a stage higher than the minimum of scale in respect of posts to which appointments are to be made by the Board.
....
(5) In emergent cases the chairman may exercise the powers of the Board and inform the Board of the action taken by him for its approval." (Emphasis added)
56. Powers of Director are enumerated in Rule 33, and, it says that first Director shall be appointed by State Government, and, thereafter, Board, with approval of State Government shall appoint Director of Institute. Director's power are given in Rule 33(5) and (6), which read as under :
"(5) The Director shall have the power:
(i) To fix, subject to the provisions of sub-rule
(ii) Of the rule (29) on the recommendations of the selection committee set up by or under the bye-laws the initial pay of an incumbent at a stage higher than the minimum of the scale but not involving more than five increments in respect of post to which appointments can be made by him under the power vested in him by the Board.
(iii) The Director shall also have such other powers as may be delegated to him by the Board for effective discharge of his duties.
(6) Without prejudice to anything contained in sub rule (5) Director shall exercise all power similar to those exercised by the Head of a Government Department." (Emphasis added)
57. Modification of Rules of Society can be made as provided in Rule 39, which reads as under :
"MODIFICATION OF THE RULES:
These rules may be altered with the prior approval of the State Government at any time by a resolution passed by a majority of two third of the members present at any meeting of the Society duly convened for the purpose." (Emphasis added)
58. Bye-laws for R.E.C., Banda have also been framed and the same are on record as Annexure 3 to First Petition. "Member of Staff" of R.E.C., Banda is detailed in para (ii) of Bye-laws; in para (iii) of Bye-laws, 'appointment' has been dealt with and it provides as under :
"(iii) APPOINTMENT :
(1) All appointments to posts under the Institute shall be made
(a) By the Director if the maximum of the scale does not exceed Rs. 10500/- and
(b) By the Board in other cases.
Provided that
(i) At least 50% of the vacancies other than those of teachers and 25% of the vacancies in the administrative posts of the Institute, excluding the post of Director, Registrar and single post not falling under the line of promotion of any category shall be filled by promotion in order of seniority-cum-merit provided the employee of the Institute fully possess the requisite qualifications and experience as prescribed for individual posts, without exception.
(ii) the first vacancy shall be filled by direct recruitment and the second vacancy will be filled up by promotion and so on.
I. While make appointment to the academic and non academic posts the appointing authority shall ensure compliance of orders of the Government of Uttar Pradesh as amended from time to time regarding reservation for the members of the Scheduled castes, Scheduled tribes and other Backward Classes."
59. Selection Committee is provided in para (iv) of Bye-laws, which read as under :
(iv) SELECTION COMMITTEE :
Selection Committee for filing the various posts, other than Director on which appointment are made on contract basis in the Institute, including the post of Professor, Associate Professor, Reader, Assistant Professor and Lecturer, shall be constituted in the manner laid down below namely :
(A) Selection Committee for the post of Professor, Associate Professor, Reader/Assistant Professor, Workshop Superintendent & Librarian.
(i) The Vice-Chancellor of the University to which the Institute is affiliated or an eminent Academician appointed by the Government. .....Chairman (ii) The Director .....Vice-Chairman (iii) An officer of the Technical Education Department to be nominated by the Chairman, Board of Governors for a period of three years ...... Member
(iv) Head of the Department concerned, provided that the Head of the Department shall not sit in the Selection Committee when he himself is a candidate for appointment or the post concerned is of the same or of a higher rank.
.....Member
(v) (vi) & (vii) Three experts to be selected by the Director of the Institute from the panel of experts constituted under rule 5.
Provided that the Selection Committee shall not be deemed to be duly constituted unless all the experts have been given due notice of the meeting and at least two of them are present.
Provided also that the Selection Committee shall not be deemed to be unconstitutional if more than the required number of experts attend a particular selection committee.
(viii) A person to be nominated by the All India Council for Technical Education for a period of three years. ....Member (ix)&(x) Two representatives one each of Schedule Caste/Schedule tribes and other Backward classes to be nominated by the Chairman Vice Chairman of the Selection Committee out of Professors/ Class-I officers. ....Member NOTE:
(I) The Selection Committee shall not consider any person for appointment as Associate Professor and /or Reader/Assistant Professor unless he had applied for the post but in the case of appointment of a Professor, the Committee may, with the approval of the Director and the Vice-Chancellor, consider the name of person who have not applied.
(1) No selection for the post of Professor would be held unless the Chairman is himself present.
(2) The presence of the Government nominee shall be essential for all selections under this category."
(B) Selection Committee for the post of Lecturer, Meical Officer, Deputy Librarian, Assistant Workshop Superintendent:-
(i) Vice-Chancellor of the University to which the Institute is affiliated or an eminent Academician nominated by the Government. .....Chairman (ii) The Director .....Vice-Chairman (iii) Head of the concerned Department provided that he holds a post higher than the post concerned .... Member (iv) A person to be nominated by the Chairman, Board of Governors for the period of three years ..... Member (v) & (vi) Two experts to be selected by the Director from the panel of expert constituted under Rule-five ..... Member
Provided that the Selection Committee shall not be deemed to be duly constituted unless all the experts who are members of the Selection Committee have been given due notice of the meeting and at least one of them is present, provided also that the Selection Committee shall not be unconstitutional if more than two experts attend a particular Selection-Committee meeting.
(vii) A person to be nominated by the All India Council for Technical Education for a period of three years. ....Member (viii) & (ix) Two representatives one each of Schedule Caste/Schedule tribes and other Backward classes to be nominated by the Chairman/Vice Chairman of the Selection Committee out of Professors/ Class-I officers. ....Member NOTE: The Selection Committee shall not consider any person unless he has applied for it. (C) Selection Committee for non-teaching posts in the Grade of Rs.8000-13500 and above but below the rank of Director. (i) The Vice-Chancellor of the University to which the Institute is affiliated or an eminent Academician nominated by the Government. .....Chairman (ii) The Director .....Vice-Chairman (iii) A person to be nominated by the Chairman, Board of Governors ..... Member (iv) One member of Board of Governors nominated by the Govt. for three years ..... Member (v) One-expert from Industry/Other Engineering Institutes/ University .....Member (vi) Two representatives one each of Schedule Caste/Schedule tribes & other Backward classes to be nominated by the Chairman/ Vice Chairman of the Selection Committee out of Professors/ Class-I officers. ....Member
(d) In the case of all other posts, the Director shall at his discretion, constitute such Selection Committee as shall be considered appropriate by him."
60. Selection Committee for the post of Lecturer should consist of Vice-Chancellor of the University to which the Institute is affiliated or an eminent Academician nominated by Government and he would be Chairman of Selection Committee. Director of Institute is Vice-Chairman and there are other members, which include Head of the Department, a person nominated by the Chairman, Board of Governors, Two experts selected by Director from the panel of experts constituted under Rule-five, a person nominated by AICTE, two representatives of Schedule Caste/Schedule tribe each is to be nominated by Chairman/Vice Chairman of Selection Committee.
61. Para 5 talks of Screening Committee, which reads as under :
"5(a) Screening Committee consisting of the following shall examine the credentials of all persons who have applied for a particular post(s) in the light of the requirements for the post(s) as given in the relevant advertisement and shall forward names of qualified candidates for interview. The following will be the membership of the Screening Committee:
1. Director ... Chairman 2. One Expert ... Member 3. Head of the Department concerned ... Member
(b) A penal of experts in each field of specialization shall be approved by the Board from which the experts will be invited for the Selection Committee.
(i) The Selection Committee shall interview all the candidates called for interview on recommendation of the Screening Committee.
(ii) The Selection Committee shall inter-alia consider the Bio-data of any person suggested by any member of the Selection Committee or brought otherwise to its notice for the post of Professor only.
(iii) The Selection committee shall then recommend suitable candidates (not more than three) for each post and shall arrange their names in order of preference."
(Emphasis added)
62. Para 7 of Bye laws clearly provides that qualification for various academic and administrative posts shall be such as laid down by AICTE or University to which the Institute is affiliated. Scale of pay and allowances would be such as determined by Board with approval of Government.
63. In para 16 of Bye laws, it is provided that any matter not covered therein the relevant rules, applicable to the employees of the State Government for time being in force shall apply till the Board frames its rules and Bye-laws.
64. It is also not in dispute that for the purpose of qualifications etc., we have to go to the Regulations framed by AICTE under the provisions of Act, 1987.
65. In the present case, first advertisement was published in 05.11.2016 and thereafter further advertisements were published in 2017.
66. Vide notification dated 04.01.2016, "Clarifications on Certain Issues/Anomalies Pertaining to Qualifications, Pay Scales, Service Conditions, Career Advancement Schemes (CAS) etc. for Teachers and other Academic Staff of Technical Institutions (Degree/Diploma)" were published by AICTE. It clarifies earlier Regulations namely Regulations, 2010 and Regulations, 2012. Qualifications for the Faculty at various levels of posts in Degree level Technical Institutions are provided in Regulations, 2010 dated 05.03.2010 and AICTE Regulations, 2012 dated 08.11.2012.
67. In Annexure-I to notification dated 04.01.2016, qualifications prescribed for the post of Assistant Professor are as under :
"A. ASSISTANT PROFESSOR:
i. Master's degree in relevant subject of Humanities & Sciences with first class or equivalent, at Bachelor's or Master's Level from any recognised Indian University.
ii. Besides fulfilling the above qualification, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET.
iii. Notwithstanding anything contained in sub-clauses (I) and (ii) to this clause; a candidate, who has a Ph.D Degree awarded before 2009, or has been awarded a Ph. D Degree after 2009 in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D Degree) Regulations 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment as Assistant professor in Technical Institutions."
68. Therefore, it cannot be doubted that for the purpose of selection and appointment on the posts of teachers i.e. Assistant Professors in different R.E.Cs., one has to satisfy qualification prescribed by AICTE. Those, who do not have any Ph.D Degree, they must have acquired National Eligibility Test (NET) conducted by UGC, CSIR or similar test accredited by UGC like SLET/SET. If any candidate does not possess these qualifications, obviously he/she is unqualified and could not have been appointed as Assistant Professor in any discipline in the concerned R.E.Cs.
69. Now, we proceed to examine correctness of procedure followed by respondents.
70. We have no manner of doubt that all R.E.Cs. have their independent entity and governed by different sets of memorandum of Association, Rules and Bye-laws though similarly worded since in all these RECs, Promotors are State Government officials. It can be said that these are Societies formed by Government and broadly also controlled by Government. This is clear from para 10(a) of Memorandum of Association that State Government may, from time to time, issue directives to the Society so as to exercise and performance of the function in the matters involving the security of the State or substantial public interest and such other directives as it may consider necessary in regard to the finances and conduct of business and affairs of the Society and in the like manner may vary any such directive. These directions issued by State Government are binding as it is further provided that Society shall give immediate effect to the directives so issued.
71. The term "conduct of business of Society" is very wide and covers management and administration of Educational Institution formed by Society. Exercising powers under para (iv)(A)(i) of Bye-laws of R.E.C., Banda, Government nominated Vice-Chancellor, U.P.T.U. as Chairman of Selection Committee. This is evident from Government Order dated 20.06.2017, which is in respect of R.E.C., Banda, while letters dated 19.06.2017 are in respect of R.E.C., Ambedkar Nagar and R.E.C., Bijnor and dated 25.05.2017 is in respect of R.E.C., Jhansi and the same are on record as Annexure CA-3 to the counter affidavit filed by respondent 4.
72. It is a clear stand of respondents that application received in respect of different R.E.Cs. were examined and scruitnized by Committees constituted according to concerned Bye-laws and those, who were found satisfying requirement of qualifications and eligibility etc. by Screening Committee, their applications were forwarded for further steps.
73. For screening of application forms in the respective R.E.Cs., Coordinators were appointed at U.P.T.U. level. This decision was taken in a meeting held on 23.08.2017 in the University Campus in which Vice Chancellor, U.P.T.U., Director of different R.E.Cs. and Vice-Chancellor of B.I.E.T., Jhansi and K.N.I.T., Sultanpur had participated and took a collective decision. Thereafter reports of Screening Committees were finalized and made available to University by 27.09.2017.
74. List of Coordinators show that they were respective Directors of different R.E.Cs. and Experts in different fields. It was also decided collectively that those, who are screened and recommended for further steps, shall participate in a joint written test, which shall be conducted at University level. This written test was conduced to assess "Domain Knowledge and Teaching Skills", for which 30% marks were prescribed in Regulations, 2012. As per Regulations, minimum API scores required for selection and appointment on the post of Assistant Professor is "100" and the same is divided as under :
A. Academic Record and Research Performance 50% B. Assessment of Domain Knowledge and Skill 30% C. Interview Performance 20%
75. In order to make selection as per Regulations, 2012, a meeting was held by Government, which was attended by Sri Om Narain Singh, Special Secretary, Technical Education, Dr. Raghuraj Singh, Director, KNIT, Sultanpur, Dr. A.S.Vidyarthi, Director, I.E.T. Lucknow and Dr. D.B.Shakyawar, Director, U.P.T.T.I., Kanpur, and it was decided therein that if number of applications received for a teaching positions is large, it would not be practically possible to conduct interview of such a large number of candidates, and, therefore, screening criteria to reduce number of candidates has to be developed. Following framework was proposed for screening of applications :
"On the basis of above observations, a proposed framework for screening of applications is attached as annexure-I and annexure-II. Following procedure should be adopted for calling candidates for the interview.
(A).Assistant Professors Total points secured by a candidate as per annexure-I and annexure-II should be scale down to 40 and 10 respectively.
(B) Associate Professor and Professors Points secured by a candidate as per annexure-I and annexure-II should be scaled down to 20 and 40 respectively and then added to calculate the total points.
Number of Candidates to be called for the Interview The number of candidates called for interview should be limited to six (6) against one post under each category (GEN/OBC/SC/ST) If the number of posts in a category is more than one, candidates shall be called in the ratio of six (06) candidates for one post in the category subjected to a maximum of 30 candidates."
76. We also find from record that Screening Committee constituted for R.E.C., Banda vide office order dated 23.10.2017 consisted of Prof. D.S.Yadav, Director as Chairman and Prof. L.U.B.Pandey (Expert) as Member. There was no Head of Department, hence, he was not part of Screening Committee. This Screening Committee was constituted for post of Assistant Professor (English). Similarly, for different disciplines, Screening Committee consisted of Prof. D.S.Yadav, Director as Chairman and different Experts in the relevant field. These office orders are on record as Annexure S.C.A.-1 to the supplemeary counter affidavit of respondents 2 and 3.
77. Therefore, applications were screened by Screening Committees contemplated in Bye-laws and nothing can be said to be illegal therein. These Screening Committees make assessment in respect of Academic Record and Research Performance, which, as per Regulations, 2012 consist 50% of selection criteria.
78. Then comes second aspect, "Assessment of Domain Knowledge and Teaching Skills". It is for this purpose, a combined Online written examination was conducted under the Chairmanship of Vice-Chancellor, U.P.T.U. As per Bye-laws also, Vice-Chancellor of University is Chairman of Selection Committee and Director of concerned R.E.C. is Vice Chairman. The examination conduced was/is to assess "Domain Knowledge and Teaching Skills", which, as per Regulation, 2012, form 30% of selection criteria. Those, who have been successful in the said test, have been interviewed by Interview Committees constituted in respective R.E.Cs.
79. Therefore, the only thing, which has to be seen is :
Whether assessment of "Domain Knowledge and Teaching Skills" of candidates, who have applied for appointment as Assistant Professor in different disciplines in R.E.Cs. by conducting a combined written examination at the University level, can be said to be illegal so as to vitiate the entire selection.
80. Here, we find that neither under the Rules and Regulations framed by AICTE nor Act governing U.P.T.U., there is anything to prohibit such Combined Written Examination conducted at University level to make assessment of "Domain Knowledge and Teaching Skills" of the candidates, who have applied for appointments to the posts of Assistant Professors in different disciplines in R.E.Cs. Reference is only to the Bye-laws. Bye-laws are made by Society for governing administration of R.E.C. Board has exclusive power of making Bye-laws and Annexure 3 to First Petition shows that draft of Bye-laws of Institute was approved by the then Minister, Technical Education; Principal Secretary/Secretary, Technical Education; Vice Chancellor, U.P.T.U and Director, Technical Education. The decision to hold Combined Examination was taken in a meeting where Secretary of Government, Vice Chancellor, U.P.T.U., Director, Technical Education and Directors of different R.E.Cs. were present. Clause 5(b)(i) of Bye-laws provides that Selection Committee shall interview all candidates called for interview on the recommendation of Screening Committee. In a meeting presided by Special Secretary, Technical Education and attended by Vice-Chancellor, U.P.T.U. and Director of some R.E.Cs., a decision was taken, where large number of candidates have applied, there, to short-list the candidates for the purpose of interview, a different procedure may be followed. Therefore, it cannot be said that in Bye-laws there is prohibition that no Combined Test to short-list candidates for interview could have been conducted, particularly when a decision was taken consciously by the authorities, who are responsible for managing R.E.Cs. namely Vice-Chancellor, U.P.T.U.; Director of concerned R.E.C. and approved by Government also. It is also clear stand of respondents that after written test, those, who qualified and recommended for interview, were interviewed by Selection Committees constituted as per respective Bye-laws of different R.E.Cs.
81. In these peculiar facts and circumstances of the case and in its entirety, we are of the view that process of selection followed by respondents, in absence of violation of any statutory rules, cannot said to be illegal so as to vitiate entire procedure and justify cancellation of selection.
82. So far as advertisement is concerned, we do not find any manifest illegality nor anything is pointed out therein so as to warrant interference therein.
83. In these facts and circumstances, we find no merits in these writ petitions.
84. Both writ petitions are dismissed.
Order Date : 22.01.2019 KA