The court upheld the State's invocation of emergency provisions under Section 52 of the Chhattisgarh Vishwavidyalaya Adhiniyam, 1973, finding it justified due to maladministration, and ruled that principles of natural justice were not applicable.

ORDER :

1. The petitioner has filed this writ petition (s) under Article 226 of the Constitution of India challenging the notification dated 21-9-2016 (Annexure P/1) by which the State of Chhattisgarh in exercise of power conferred under Section 52 (1) of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973 (for short, “the Act, 1973”) has applied the provisions of Sections 13, 14, 23 to 25, 40, 47, 48, 54 and 68 as per modification specified in 3rd Schedule of the Act, 1973 from the date of publication of notification. The petitioner has also challenged notification dated 23-9-2016 (Annexure P/2) by which the Kuladhipati has removed the petitioner from the post of Kulpati Bastar Vishwavidyalaya, Jagdalpur with immediate effect. The petitioner has also challenged the notification dated 23-9-2016 (Annexure P/3) by which the State Government has appointed Commissioner, Bastar Division, Jagdalpur as Kulpati of Bastar Vishwavidyalaya with immediate effect until further orders.

2. The petitioner has also challenged the order dated 2-9-2015 (Annexure P/4) by which Secretary, Department of Higher Education, has constituted a committee to conduct enquiry on the complaint made with regard to appointment of teaching staff in March 2015 by the Vice Chancellor of Bastar Vishwavidyalaya. Accordingly, Dr. S.J. Kekre Convener, Principal, Government College, Bhatapara, District Baloda Bazar and Dr. Anjani Kumar Shukla, member, Principal, Government D.V. Sanskrit P.G. College, Raipur, District Raipur have been directed to conduct enquiry and submit report within a period of seven days . By way of amendment, the petitioner has also challenged the appointment of Kulapati of the University by way of notification dated 24-8-2017 vide Annexure P/21.

3. The brief facts reflected from the record are that the petitioner was appointed as Professor of English in Nagaland University, Kohima in the pay scale of Rs.16,400-450-22,400/- plus usual allowances as admissible under the rules of the Central Government employees of the same grade posted in Nagaland, vide appointment order dated 22-7-2003 (Annexure P/4) for a probation for a period of one year as per the provisions of the CCS rules and his services are governed by the Statutes, Ordinances and Rules of the University which were are in force. The petitioner appointed as Vice Chancellor of Bastar University by the Chancellor of the State University and His Excellency Hon’ble the Governor of State of Chahttisgarh on 25-1- 2013 from the day of he assumed the charge. It has been contended that since 2013 from the date of initial appointment as Vice Chancellor of Bastar University, Jagdalpur, the petitioner had faced many problems including various undisciplined conducts and irregularities committed by the then Registrar of Bastar University, as such he has brought to the kind notice of respondent No.1 and respondent No.2 and also apprised them from time to time about such incidents which took place in the University. Thereafter, all of a sudden, respondent No.1 on 2-9-2015 constituted a Two-members Enquiry Committee to enquire about the alleged irregularities committed by the petitioner.

4. The respondent No.3 being convener of the Enquiry Committee issued a letter vide dated 2-9-2015 to the petitioner directing him to submit the written statement with proof. In response to the letter dated 2-9-2015, the petitioner submitted its reply on 8-9-2015 wherein he has raised objection about constitution, authority and jurisdiction of the Enquiry Committee and also objected for not affording proper opportunity of hearing and prayed for supply of documents which have been placed before the Committee. It has also been contended that respondents No.3 & 4/Convener and the member of the Enquiry Committee are not only juniors in rank to the petitioner but also in the status, as both are the Principals of Government Colleges whereas the petitioner is working as Vice Chancellor of the Bastar University, as such they have no authori