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Harish Chandra v. State Of U.P. And Others - WRIT - A No. 43041 of 2004 [2007] RD-AH 4144 (12 March 2007)


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Civil Misc. Writ Petition No. 43041 of 2004

12.03.2007 Hon'ble Sushil Harkauli, J.

Hon'ble Pankaj Mithal, J.

Sri Rajiv Kumar, Secretary, Higher Education, Government of Uttar Pradesh, is present personally. An affidavit has been filed by him, which has been sworn on 9th March 2007. We are constrained to say that there has not been any improvement in the approach and attitude of Sri Rajiv Kumar despite our oder dated 12th February 2007, by which we had specifically said that he has been 'over-kind' to the unscrupulous defaulting managements by granting them too long a time margin in the show cause notices issued by him.

Now, we find from paragraph No. 6 of his affidavit that he seems to be a little overanxious to drop the proceedings under section 57/58 of the U.P. State Universities Act, against 7 out of the 10 colleges. Sri Rajiv Kumar appears to have already come to the conclusion that by issuing appointment letters, the managements of the 7 defaulting colleges have absolved themselves on their earlier misconduct, which comprised of not allowing the candidates, selected by the Commission and placed by the Director of Higher Education, to join.

The conduct of the defaulting managements, which was in question, was to repeat, their deliberate act without justification in not allowing the candidates to join in their respective colleges. If these managements have allowed the candidates to join when these managements have been cornered by the Court, the Director of Higher Education and the Government of Uttar Pradesh, it can hardly be sufficient to absolve them of the earlier mismanagement or misconduct. Dropping the proceedings in such a situation would amount to condoning the misdeeds of these unscrupulous managements and it would also send a very bad message to other unscrupulous managements of colleges that they can resort to such tactics of violation of law and orders openly and, if they are get cornered, they can get away with that misconduct by merely issuing appointment letters and allowing such of the remaining candidates to join, who may have not already joined elsewhere on account of frustration.

No attempt has been made by Sri Rajiv Kumar to ensure, firstly that the candidates to whom appointment letters have been issued have actually been allowed to join by the managements and that the issue of appointment letters is not a mere eyewash by the managements.

Further, in the case of Ganesh Rai P.G. College, Jaunpur, Sri Kumar has contented  himself with the most frivolous averment that the candidate placed in that college was subsequently given placement in another college. There has been no attempt to probe as to why placement in the college at Jaunpur had to be altered to another college at Ballia.

In view of superficial manner in which Sri Rajiv Kumar has dealt with the matter in his affidavit, we direct that this petition should be listed again on 28th March 2007 to enable the said Secretary, Higher Education, Government of Uttar Pradesh, to scrutinize the matters more carefully, probing the matters more deeply, filing a better affidavit or taking such action as may be called for. List on that date.



Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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