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Uma Shanker Agnihotri And Others v. State Of U.P. And Others - WRIT - A No. 6126 of 2005  RD-AH 386 (10 February 2005)
CIVIL MISC. WRIT PETITION NO. 6126 OF 2005
Uma Shanker Agnihotri & Ors. .......... Petitioner
State of U.P. & Ors. ............ Respondents
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This writ petition has been filed by certain teachers working in different Government Degree Colleges of the State of Uttar Pradesh for a direction to the respondents to immediately constitute a Selection Committee and fill up all the existing vacancies on the posts of Principals of Government Degree Colleges in accordance with the provisions of the U.P. Higher Education (Group-A) Service Rules, 1985.
We have heard Shri Shashi Nandan, learned Senior Counsel assisted by Shri P. Ganguly, for the petitioners and Shri S.N. Singh, learned Additional Chief Standing Counsel for the respondents.
Shri Shashi Nandan, learned Senior Counsel appearing for the petitioners submitted that the posts of Principals of Government Degree Colleges were filled up for the last time in the year 2001 but thereafter no steps, whatsoever, have been taken by the respondents to fill up the existing vacancies on the posts of Principals of the Government Degree Colleges. He has further submitted that presently, there are 87 sanctioned posts of Principals of Government Degree Colleges in the State of U.P. out of which 24 clear vacancies are in existence and five more vacancies are liable to be created in June, 2005 on account of retirement of existing incumbents, apart from the fact that five new Government Degree Colleges have also been established in the State.
Learned Additional Chief Standing Counsel for the respondents, however, submitted that in the event, there is no legal impediment in the filling up of the vacancies to the post of Principal, necessary steps shall be taken for filling up these vacancies.
In view of the statement made by the learned Additional Chief Standing Counsel and also due to the inaction on the part of the respondent-authorities in filling the vacancies under the aforesaid Service Rules, it is desirable that the respondents be directed to fill up the vacancies as early as possible unless there is some legal impediment in a particular case.
We, therefore, dispose of this writ petition directing the respondents, particularly respondents no.2 and 4, to take immediate appropriate steps for filling up all the vacancies to the post of Principals in the Government Degree Colleges in the State of U.P., whether such posts are covered in the present petition or not, and ensure that the vacancies are filled up within a period of four months from the date of filing a certified copy of this order before the Secretary (Higher Education). In case, the vacancies are not filled up within the aforesaid time for some bona fide reason, then it shall be open to the respondents to seek extension of time from this Court. Further, in case there is any legal impediment for filling up a particularly vacancy of a Principal, then an order to that effect shall be passed by respondents no. 2 and 4.
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