Allahabad HC Quashes Advertisement Inviting Applications For Posts Of Professors in Dr RML Institute of Medical Sciences
The Allahabad High Court quashed an advertisement inviting the appointment of faculty on a regular/deputation basis for the post of Professors/Associate Professors and Assistant Professors in the Dr. Ram Manohar Lohia Institute of Medical Sciences (‘Institute’).
The Court allowed the writ petition after the Institute failed to follow the procedure, including the State’s prescription, the Uttar Pradesh Educational Instructions (Reservation in the Teachers Cadre) Act 2021 (“Act of 2021”)
The Bench of Justice Shree Prakash Singh observed, “In view of the aforesaid submissions and discussion, this Court finds merit in the writ petition, thus, the impugned advertisement dated 01.12.2023 and the rejection order dated 19.01.2024 issued by respondent no. 6 are hereby quashed… It is open to the ‘Institute’ to issue a fresh advertisement, while strictly following the provisions, relevant laws and seeking instructions from the State Government regarding the procedure and manner, mandated to be prescribed under section 3(1) of the Act 2021.”
Senior Advocate Satish Chandra Mishra appeared for the Petitioners whereas CSC Anupras Singh, CSC Shailendra Kumar Singh and Add. CSC Tushar Verma appeared for the Respondents.
The Petitioner, who are faculty members working in the post of the Professors(Junior Grade)/Additional Professors, herein challenged the advertisement issued by the Institute which invited applications for the appointment of faculty on a regular/deputation basis for the post of Professors/Associate Professors and Assistant Professors in various departments. Vide another Order, the application of the petitioners was impliedly rejected. Hence, the petitioners assailed the order.
The issues before the Court, inter alia, were whether the Institute could have proceeded to apply the reservation in the impugned advertisement, without there being any manner ‘as prescribed’ by the State Government’ as provided under Section 3(1) of the Act of 2021 and whether there can be any “special recruitment drive” for EWS or other categories without there being any procedure prescribed under the Act of 2021.
The Court perused Section 3(5) of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act 1994 (‘Act of 1994’), Section 29-A of the U.P. General Clauses Act 1904 and Section 3(1) of the Act of 2021.
“Thus, it emerges that the prescription is to be made by the State Government by promulgating Rules made under the Act 2021 by virtue of provision contained in section 6 of the Act and needs to be laid before both the houses of legislature. It is also borne out that as per the provision of section 3(1) of the Act 2021 read with section 29A of the U.P. General Clauses Act 1904, the prescription ought to have published by a notified order in an official gazette.”, the Court said.
The Court further observed that the Institute proceeded with the appointment, without any State prescription, therefore, they failed to demonstrate any procedure or manner as prescribed by any Rules in the Gazette.
As regards the issue of “Special Recruitment Drive”, the Court held, “From perusal of the advertisement dated 01.12.2023, it indicates that the same is an special recruitment advertisement, but in absence of any provision of the Special Recruitment drive in the Act 2020, the same is unsustainable and against the law therefore, the reply to the issue no. (c) is that along with the backlog vacancies (Special Recruitment) for reserved categories i.e. SC,ST and OBC vacancies, but the vacancies for EWS category could not have been advertised in the Special Recruitment carried out vide impugned advertisement dated 01.12.2023 and further, without there being any rules or any procedure prescribed with respect to the ‘Special Recruitment,’ the same could not have been done.”
Accordingly, the Court allowed the Petition.
Cause Title: Dr. Sanjay Kumar Bhat and Ors. v. State of U.P. through Secy. Deptt. Of Medical Education U.P. and Ors. (Neutral Citation: 2024: AHC-LKO:41451)
Appearances:
Petitioners: Senior Advocate Satish Chandra Mishra, Advocates Gaurav Mehrotra, Anant Khanna, Ritika Singh and Vivek Kumar Rai.
Respondents: CSC Anupras Singh, CSC Shailendra Kumar Singh and Add. CSC Tushar Verma.
