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Dr. Rajendra Malla And Others v. State Of U.P. Thru' Principal Secretary Higher Education - WRIT - A No. 26138 of 2006  RD-AH 4531 (15 March 2007)
WP No. 26138 of 2006
Hon'ble Yatindra Singh, J
Hon'ble Vijay Kumar Verma, J
1. This is a writ petition challenging the validity of part of Rule 5 and Rule 15 of the UP Higher Education (Group A) Services (First Amendment) Rules, 2006 (2006 Amendment Rule).
2. We have heard counsel for the petitioner, the standing counsel for the State of UP and Sri VP Varshney for person seeking impleadment in the writ petition.
3. The controversy in this writ petition relates to selection of Principal of category-3 degree colleges. In the existing Rules 5 and 15 all the posts for category-3 principals were required to be filled by promotion following the principle of seniority subject to rejection of unfit. After 2006 amendment, 50% of posts are to be filled by direct recruitment and 50% through Commission and the appointment is to be made on the basis of merit. The amended rule gives emphasis to fresh person being included for the post of Principal and to the merit in promotion. There is no illegality in the same. The writ petition has no merit. It is accordingly dismissed.
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