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2013 Supreme(Chh) 184

Yatindra Singh, Pritinker Diwaker
BHAGWANT SINGH – Appellant
Versus
RAVI SHANKAR SHUKLA UNIVERSITY – Respondent


Advocates:
Advocate Appeared:
Shri P.S. Koshy and Shri Manoj Paranjape, Advocate, for the Appellants.
Shri Janakram Verma, Advocate, for the University.
Shri Sanjay K. Agrawal, Advocate General, for the State.

JUDGMENT

1. The main question involved in these cases is,

‘Whether the power exercised by the Kuladhipati under sub-section (4) of section 12 {12(4)} of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (the Act) is quasi-judicial or administrative in nature.’

It arises in these writ appeals against the order of the single judge dated 04.07.2007 dismissing the Writ Petition-1097 of 2005, filed by Dr Bhagwant Singh (Dr Singh) and Writ Petition-22 of 2005 filed by Dr PV Chandrakar (Dr Chandrakar), against the order of the Kuladhipati dated 24.12.2004.

THE FACTS

2. Pt Ravi Shankar Shukla University (the University) advertised for the post of Professor in the Department of Comparative Religion and Philosophy on 24.09.2002. The Appellants were candidates in the selection.

3. The selection committee recommended the names of Dr Chandrakar and Dr Singh, placing them at serial No-1 and 2 respectively in order of merit.

4. The Executive Council approved the recommendation of selection committee and as Dr Chandrakar was at serial No. 1, he was appointed on 20.09.2003.

5. Against the appointment of Dr Chandrakar, Dr Singh filed a representation before the Kuladhipati of the University under section 12(4) o



































































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