ORDER
M. Katju and Poonam Srivastava, JJ.
1. Heard learned counsel for the petitioner and learned counsel for the U. P. Higher Education Service Commission as well as learned standing counsel.
2. It is alleged in paragraph 2 of the writ petition that the petitioner has been selected by the U. P. Higher Education Service Commission as Lecturer in Hindi for Agra College, Agra, The recommendation of the Higher Education Service Commission dated 17.6.2003 is Annexure-2 to the writ petition.
3. In pursuance of letter dated 17.6.2003, the petitioner submitted his joining before the Principal, Agra College, Agra, who is also Secretary of the Managing Committee of the College on 24.7.2003, but she has not yet been allowed to join there. True copies of the joining reports are Annexures-3 and 4.
4. We are distressed to note that although the recommendation, which is in favour of petitioner, was sent by the Commission to the Director, Higher Education, U.P. in June, 2003 the petitioner has not yet been allowed to Join as Lecturer in Hindi in Agra College, Agra.
5. Under Section 15 (2) of the U. P. Higher Education Service Commission Act, 1980, it is provided that If the management fails to appoint the selected candidate, who has been issued placement order by the Director, then the Director may order the management to appoint him/her as a teacher forthwith and pay him salary and the Principal has to appoint her as teacher. The salary under Section 15 (3) of the Act is liable to be recovered as arrears of land revenue by the Collector. Moreover, under Section 57 of the U. P. State Universities Act, which deals with affiliated colleges, if the management fails to appoint a teacher, the State Government can call upon the management to show cause why an order be not passed under Section 58 of the Act. Under Section 58 the State Government, after considering the explanation of the management, can appoint an authorised controller to take over the management.
6. In several cases, which are coming up before this Court, we have found that the candidate selected by the U. P. Higher Education Service Commission is not given appointment despite the placement order of the Director, Higher Education because for some reason the committee of management does not wish to appoint him. In our opinion, this is wholly illegal and the committee of management has to give appointment to the person selected by the Higher Education Public Service Commission, otherwise the very purpose of the selection is defeated. If the committee of management does not give appointment to the selected candidate, action must be taken against the management under Section 15 (3) of the U. P. Higher Education Service Commission Act, 1980, as well as Sections 57 and 58 of the U. P. State Universities Act, 1973. The present state of affairs cannot be tolerated any longer. It is defeating the very purpose of the U. P. Higher Education Service Commission Act since selected candidates are not being given appointment despite selection, in a large number of cases.
7. Apart from the above general direction which we have issued, we also issue an interim mandamus to the Committee of Management, Agra College, Agra, to give appointment to the petitioner as Hindi Lecturer forthwith or to show cause within three weeks. If the cause shown is not satisfactory, we may have to direct that action should be taken against the committee of management as mentioned above.
8. List after three weeks.
9. Let the Registrar General of this Court as well as learned standing counsel send copy of this order to the Principal Secretary, Higher Education, Director, Higher Education and other concerned authorities.
10. The petitioner shall serve copy of this order on the committee of management as well as Principal, Agra College, Agra, who may file counter-affidavit within ten days.
11. A copy of this order shall be given free of charge to the learned standing counsel today. A copy of this order shall also be given to learned counsel for the petitioner today on payment of usual charges.