Removal of a head of department without following natural justice principles is arbitrary and illegal, necessitating restoration to position.

ORDER :

1. Instant writ petition has been filed by the petitioner with following prayers:

“It is, therefore, humbly prayed that this Hon'ble Court be pleased to call for the entire record related to the case of the petitioner and after perusing the same may be pleased to accept and allow this writ petition:-

1. By appropriate writ, order or direction, the impugned order dated 18.07.2023 passed by the respondent no.1 appointing respondent no.2 to the post of Head Geography Department, University of Rajasthan, Jaipur be declared bad and illegal and same may be quashed and set aside and also issue a writ to restore the post of head of Department Geography, University of Rajasthan, Jaipur of petitioner dated 21.04.2023 against the respondent no.1.

2. Any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

3. Cost of the writ petition may also be awarded in favour of the petitioner.”

2. Learned counsel for the petitioner submitted that the petitioner was appointed as Head, Geography Department, for a period of three years or till further orders vide order dated 21-04-2023. She further submitted that when the petitioner was discharging his functions as Head, Geography Department, an order dated 18-07-2023 was issued under the instructions of the Vice-Chancellor for removing the petitioner from the post of Head of Department (HOD) and handing over the charge to the Dean, Science Faculty. She further referred to the said order and submitted that a committee was constituted by the Vice-Chancellor on the basis of complaints made by some research students and teachers, as the petitioner had enforced the rule of 75% minimum attendance, and due to false complaints, the petitioner was removed without following principle of natural justice. She also submitted that thereafter, by order dated 04-10-2023, respondent No. 2 was appointed as HOD, Geography Department, by the Vice-Chancellor. She further referred to the order of seniority and submitted that the petitioner is senior to respondent No. 2 and was appointed under the rules. She further referred to the grounds as mentioned in the writ petition and submitted that the action of the Vice-Chancellor is malafide and arbitrary, as no show- cause notice was served upon the petitioner before passing the order dated 18-07-2023. She also referred to the arbitrary action of the Vice-Chancellor and submitted that even the principles of natural justice were not observed before issuing any order or taking any action against the petitioner. She further referred to UGC (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009, and submitted that, contrary to the said Regulations, 126 students were admitted against the sanctioned strength of 26 seats, which is in violation of the UGC Regulations. She further referred to the guidelines relating to admission and allocation of supervisors to research students.

3. Aforesaid contentions were opposed by learned counsel appearing on behalf of the respondent No.1 on the ground that serious complaints were filed by students, research scholars, and teachers. It is further submitted that the petitioner, after being appointed as HOD, created an atmosphere whereby it became very difficult to manage the affairs of Department of Geography and, ultimately the committee constituted by the Vice-Chancellor and it has there was a lack of coordination between the HOD, teachers, and students. He further justified action taken against the petitioner and submitted not a single material is placed on record to show