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IN THE HIGH COURT OF ALLAHABAD
R. N. Gurtu and J. Sahai, JJ.
PREM NATH SHARMA - Appellant
Versus
VICE-CHANCELLOR, LUCKNOW UNIVERSITY - Respondents
Writ Petn. 182 Of 1958
Decided On : 11/26/1958
LUCKNOW UNIVERSITY - DEANSHIP - SENIORITY - INTERPRETATION OF STATUTES - VESTED RIGHTS - U. P. GENERAL CLAUSES ACT, SECTION 6 (C) - U. P. UNIVERSITIES (AMENDMENT) ORDINANCE, 1957 - U. P. ACT NO. VI OF 1958 - STATUTES OF 1956 AND 1958 - SECTION 8 OF THE PRINCIPAL ACT - SECTION 23 (1), (2), (3) AND (5) OF THE PRINCIPAL ACT - SECTION 11 (7), (8), (9) AND (10) OF THE PRINCIPAL ACT - RULE 23, 198 AND 211 OF THE STATUTES OF 1958 - SECTION 40 OF THE AMENDMENT ACT OF 1954 - SECTION 11 OF THE AMENDMENT ACT OF 1957 - SECTION 6 (C) OF THE U. P. GENERAL CLAUSES ACT - WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA - INTERPRETATION OF STATUTES - VESTED RIGHTS - EMERGENCY POWERS OF THE VICE-CHANCELLOR - TENURE OF DEANSHIP - ROTATION OF DEANSHIP - SENIORITY OF PROFESSORS - SUBSTANTIVE CAPACITY - TEMPORARY CAPACITY - OFFICATING CAPACITY.
Fact of the Case:
The petitioner, Dr. Prom Nath Sharma, was appointed as a lecturer in Lucknow University in 1934 and was promoted to reader in 1946. He became an officiating professor in 1950 and was confirmed as a professor in 1952. Dr. Das Gupta was appointed as a professor of Botany in 1949. Both Dr. Sharma and Dr. Das Gupta continued to hold service without a break. In 1958, Dr. Sharma was appointed as the Dean of the Faculty of Science, but the appointment was stated to be "until further orders". Subsequently, the Statutes of 1956 were rescinded and replaced by the Statutes of 1958. The Vice-Chancellor of the University decided that Dr. Das Gupta had become entitled to be the Dean of the Faculty of Science by virtue of his seniority, and Dr. Sharma was asked to hand over charge of the office of Dean to Dr. Das Gupta.
Finding of the Court:
The court held that Dr. Sharma was still the Dean of the Faculty of Science and quashed the decision of the Vice-Chancellor. The court held that the office of Dean was created by the principal Act itself and not by the Statutes, and that Dr. Sharma had acquired a vested right to remain an officer, namely a Dean, under the Act for a term of three years. The court further held that Rule 211 of the Statutes of 1958, which provided that officers holding office under the 1956 Statutes would be deemed to have had their turn, could not be interpreted to destroy a right which had been acquired under the Act itself. The court also held that the emergency powers of the Vice-Chancellor under Section 11 (7) of the principal Act did not authorize him to cut down the term of Deanship in anticipation of the then Statutes of 1956 coming to an end.
Issues: 1. Whether Dr. Sharma was still the Dean of the Faculty of Science despite the rescission of the Statutes of 1956 and the enactment of the Statutes of 1958? 2. Whether Rule 211 of the Statutes of 1958 could be interpreted to destroy a right which had been acquired under the Act itself? 3. Whether the emergency powers of the Vice-Chancellor under Section 11 (7) of the principal Act authorized him to cut down the term of Deanship in anticipation of the then Statutes of 1956 coming to an end?
Ratio Decidendi: 1. The office of Dean was created by the principal Act itself and not by the Statutes. 2. Dr. Sharma had acquired a vested right to remain an officer, namely a Dean, under the Act for a term of three years. 3. Rule 211 of the Statutes of 1958 could not be interpreted to destroy a right which had been acquired under the Act itself. 4. The emergency powers of the Vice-Chancellor under Section 11 (7) of the principal Act did not authorize him to cut down the term of Deanship in anticipation of the then Statutes of 1956 coming to an end.
Final Decision: The court quashed the decision of the Vice-Chancellor and directed that Dr. Sharma continue as the Dean of the Faculty of Science.
( 1 ) THE petitioner, Dr. Prom Nath Sharma, according to the facts sworn to or admitted before us, was recruited as a lecturer in the Lucknow University in 1934. Ho was promoted to be a reader in 1946. He became an officiating professor in the department of Physics on 18-7-1950, when dr. D. D. Deodar, the permanent professor in the department of Physics retired. Applications were thereafter invited for the post of professor of Physics. The petitioner and others made applications. Eventually on 8-5-1952, the petitioner was confirmed as professor. He thus came to occupy the professorship and headship of the department of Physics in a substantive capacity on and from that date.
( 2 ) DR. Das Gupta, according to the facts sworn or admitted, was by a resolution of the Executive council of the University dated 18-3-1949, appointed as professor of Botany from the date he rejoined his duties in the University. Between 18-3-1949 and 15-12-1950, Dr. Das Gupta was on leave without pay. He took over charge on the last mentioned date as professor and head of the department of Botany in a substantive capacity.
( 3 ) BOTH Dr. Sharma and Dr. Das Gupta have continued to hold service without break.
( 4 ) THE opposite parties are the Vice-Chancellor Lucknow University, and Dr. Das Gupta who was allowed to intervene.
( 5 ) ON 1-5-1958, Dr. A. C Chaterji, who was Dean of the Faculty of Science retired and by a letter dated 1-5-1958, a copy whereof was sent to Dr. P. N. Sharma, the petitioner, Dr. A. C. Chaterji was requested to hand over charge of the office of Dean of the Faculty of Science to Dr. Sharma. It was stated in that letter that under the then existing Statutes of 1956 Dr. Sharma was entitled to succeed Dr. Chaterji until further orders.
( 6 ) IT was admitted that up to the date of the present petition and even now Dr. Sharma was working as Dean.
( 7 ) ON 7-5-1958, in exercise of the powers conferred by Section 11 of the Lucknow University (Amendment) Act, 1957 (U. P. Act No. VI of 1958) which amended the parent Act of 1920, the government of Uttar Pradesh framed Statutes for the Lucknow University and rescinded the existing Statutes. It may be mentioned that the parent Act as well as all amending Acts confer powers and frame statutes which have the force of law.
( 8 ) IN consequence of the notification of the new Statutes of 1958 the Vice-Chancellor came to the conclusion that Dr. S. N. Das Gupta, professor, and head of the department of Botany had become entitled by virtue of his seniority to be Dean of the Faculty of Science and Dr. Sharma was requested to hand over charge of the office of the Dean to Dr. Das Gupta immediately.
( 9 ) IT was when the letter dated 14-8-1958 indicating the decision of the Vice-Chancellor was received by Dr. Sharma that ho filed the present writ petition and he prayed for an order or direction in the nature of certiorari to be issued quashing the decision of the Vice-Chancellor as communicated to him by means of the letter dated 14-8-1958.
( 10 ) BRIEFLY put, the contention of Dr. Sharma was that he having become eligible for being appointed Dean under the old Statutes of 1956 and he having been appointed to succeed as Dean on 1-5-1958, when these Statutes were in force despite the fact that the old Statutes of 1956 have been replaced by the new Statutes framed in 1958, he was still entitled to continue as Dean until the expiry of a term of three years from 1-5-1958, as under the old Statutes of 1956 the term of deanship was for a fixed period of three years, and he must be deemed to have been appointed for the full term. Alternatively the case of Dr, Sharma is that he is still the senior-most professor head of a Department and even senior to Dr. Das Gupta and is entitled to be a Dean even under the new Statutes framed in 1958.
( 11 ) ON the other hand, the contention on behalf of the opposite parties is that with the rescinding of the previous Statutes of 1956 Dr. Sharma ceased to be a D
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