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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arup Kumar Goswami, Parth Prateem Sahu, JJ.
State of Chhattisgarh - Appellants
Versus
Dr. Rohini Prasad S/o Late Shri Raghuveer Prasad - Respondent
Writ Appeal No. 318 of 2022, Writ Appeal No. 319 of 2022
Decided On : 06-07-2022
Natural Justice - University Administration - Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 - Sections 13, 14, 23 to 25, 40, 47, 48, 54 and 68
Fact of the Case:
The case involved a challenge to notifications and an enquiry report related to the removal of the Vice-Chancellor of a university. The court found that the notifications and enquiry were vitiated due to a violation of principles of natural justice.
Finding of the Court:
The court held that the notifications and enquiry were illegal, unfair, and arbitrary due to the lack of opportunity for the petitioner to be heard, and thus set them aside.
Issues: Violation of principles of natural justice in the issuance of notifications and conduct of the enquiry.
Ratio Decidendi: The court relied on the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 and the principle of natural justice, and found that the exclusion of natural justice under Section 52(1) of the Adhiniyam, 1973 justified the actions of the State Government.
Final Decision: The writ appeals were allowed, and the order of the learned Single Judge was set aside.
JUDGMENT :
Arup Kumar Goswami, J.
1. Heard Mr. Jitendra Pali, learned Deputy Advocate General for the appellants. Also heard Mr. Dharmnarayan Dubey, learned counsel, appearing for respondent No. 1 along with Mr. Hemant Gupta in both the appeals.
2. In Writ Appeal No.318 of 2022, the appellants seek to assail the common judgment dated 13.06.2022 passed by the learned Single Judge in Writ Petition (S) No. 180 of 2020 and in Writ Appeal No. 319 of 2022, challenge is made to the same very order passed in Writ Petition (S) No. 973 of 2020. Both the writ petitions were filed by the respondent No.1 in these appeals.
3. The date of superannuation of the respondent No. 1 herein, in terms of his appointment, is 10.07.2022.
4. On 24.06.2022, on the basis of submissions made by Mr. Pali on specific instructions received from Mr. A.R. Chourey, Deputy Registrar, Sant Gahira Guru Vishwavidyalaya, Ambikapur, for short, “the University”, that Dr. Ashok Singh and not the writ petitioner was discharging the functions of the Vice-Chancellor of the University, status quo was directed to be maintained till 06.07.2022, when the case was directed to be listed. Accordingly, these two writ appeals and Writ Appeal Nos. 317 of 2022 and 321 of 2022, filed by Dr. Ashok Singh are listed together. The appeals filed by Dr. Ashok Singh were accompanied by applications seeking leave to appeal. Today, it is contended by Mr. Dubey that the writ petitioner, who was removed as Vice-Chancellor had joined as Vice- Chancellor and that submission of Mr. Pali on 24.06.2022 was not correct.
5. Dr. Ashok Singh was appointed as Vice-Chancellor of the University on 02.08.2021 pursuant to an advertisement dated 30.12.2020. In the order of appointment, it was categorically mentioned that his appointment was subject to the final outcome of Writ Petition (S) No.180 of 2020 and Writ Petition (S) No.973 of 2020. Dr. Ashok Singh had not taken any steps for impleading himself in the writ petitions.
6. By an order passed today, applications seeking leave to appeal are dismissed and resultantly, Writ Appeal Nos. 317 of 2022 and 321 of 2022 were dismissed.
7. As agreed upon by learned counsel for the parties, Writ Appeal Nos. 318 and 319 of 2022 are taken up for consideration for final disposal.
8. In Writ Petition (S) No. 180 of 2020, challenge is made to a notification dated 03.01.2020 and in Writ Petition (S) No. 973 of 2020, challenge is made to a notification dated 06.01.2020 and an enquiry report dated 24.12.2019.
9. Certain complaints were received against the writ petitioner as well as some others by the Hon’ble Governor, who is also the Chancellor of the University and by a letter dated 29.08.2018, the same were forwarded to the Secretary, Department of Higher Education by the Under Secretary to the Hon’ble Governor. It appears that pursuant to letters of the State Government, the Divisional Commissioner, Sarguja constituted a three member committee on 14.02.2019. Subsequently, the said committee was dissolved and a fresh committee was constituted by the Divisional Commissioner on 19.12.2019 with himself as the Chairman of the committee. The Chairman of the earlier committee constituted on 14.02.2019 was the Additional Collector. The committee submitted a report on 24.12.2019. In the said report, 11 allegations were considered.
10. The State Government being satisfied that a situation had arisen in which the administration of the University cannot be carried out in accordance with the provisions of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (for short, ‘the Adhiniyam, 1973’), without detriment to the interest of the University and that it was expedient in the interest of the University so to do, in exercise of powers conferred by sub-section (1) of Section 52 of the the Adhiniyam, 1973, had directed by notification dated 03.01.2020 that the provisions of Sections 13, 14, 23 to 25, 40, 47, 48, 54 and 68 of the Adhiniyam, 1973 shall, subject to the modifications specified in t
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