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2011 Supreme(All) 1212
[2011(5) ADJ 74 (DB)]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI AND MRS. JAYASHREE TIWARI, JJ.
Dr. VIMAL KUMAR LAHARI .....Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 3577 of 2011, decided on 22nd April, 2011)
Counsel :
G.K. Singh, R.N. Singh and V.K. Singh for the Petitioner; C.S.C., Ajit Kumar and Neeraj Tripathi for the Respondents.
Headnote:U.P. State Universities Act, 1973—Section 31(8) (a)—Selection—Cancellation of—Sustainability of—Petitioner challenged the impugned order passed by Chancellor is so far as he has accepted the recommendations of Executive Council to cancel petitioner’s selection as Lecturer in Sociology in reserved category of Scheduled Caste—On ground that a vigilance enquiry into conduct of outgoing Vice-Chancellor is pending and that there is possibility of delay in concluding the enquiry—Whether pendency of Vigilance enquiry, initiated by State Government into various functions of "K" the then Vice-Chancellor close to his retirement would be a ground on which the Executive Council can disagree with recommendations of statutory selection committee and refer the matter to Chancellor under Section 31(8)(a) ?—Nothing brought on record to show that there is any finding in enquiry report which relates to and may affect petitioner’s selection—If there was any complaint of any irregularities which could have vitiated the selections, same should have been brought on record by Chancellor—Reasons for not placing the trust on office of Vice-Chancellor have not been brought on record—No complaint or even a doubt expressed on record regarding petitioner’s selection to consider his selection to be invalid—Submission of petitioner that when in the same order Chancellor has approved appointment of some of lecturers for grant of senior scale, pendency of vigilance enquiry could not be a ground to agree with Executive Council to cancel the selections—Plea accepted—Impugned order of Chancellor set aside—Directions issued. [Paras 20 to 24]
By the Court.—We have heard Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Neeraj Tripathi appears for Chancellor of Mahatma Gandhi Kashi Vidyapeeth, Varanasi. Shri Ajit Kumar Singh appears for the University.
2. The petitioner has prayed for setting aside the order dated 23/28th December, 2010 passed by the Chancellor, Mahatma Gandhi Kashi Vidyapeeth, Varanasi (the University) in so far as the Chancellor of the University has accepted the recommendations of the Executive Council of the University to cancel the petitioner’s selection as Lecturer in Sociology in reserved category of Scheduled Caste by the Selection Committee on the ground that a vigilance enquiry into the conduct of the outgoing Vice-Chancellor is pending and that there is possibility of delay in concluding the enquiry.
3. We are called upon to answer the question, as to whether the pendency of the vigilance enquiry, initiated by the State Government into various functions of Shri K.S. Kushwaha, the then Vice-Chancellor of the University close to his retirement, would be a ground on which the Executive Council can disagree with the recommendations of the statutory selection committee and refer the matter to the Chancellor of the University under Section 31 (8) (a) of the UP State Universities Act, 1973 (in short the Act).
4. An advertisement was issued by Mahatma Gandhi Kashi Vidyapeeth, Varanasi being Advertisement No. 2 of 2006 for the posts of Professor, Reader and Lecturer, followed by advertisement No. 6 of 2006. The candidates, who had already applied, were not required to apply, afresh. The petitioner claims to be fully qualified and eligible for being appointed as Lecturer in Sociology. He applied for the post reserved for Scheduled Caste candidate. The interviews were held on 18.11.2007, by a duly constituted selection committee.
5. The Chancellor by his order dated 26.9.2007 restrained the Vice-Chancellor from convening any meeting of the selection committees, considering the fact, that he was to retire on 31.12.2007. Aggrieved a writ petition was filed by Dr. Sharad Bansal and another (Writ Petition No. 45924 of 2007) which was disposed of by this Court on 4.10.2007, holding that there could not be any oral direction to postpone the proceedings of the selection committee, which were initiated. Another writ petition filed by Dr. Prem Chandra Vishwakarma challenging the same order was also disposed of on the same terms directing the respondents authority to proceed with the selections.
6. The Chancellor again by his order dated 14.12.2007 restrained the Vice-Chancellor to undertake the proceedings for appointments on teaching and non-teaching posts as he was going to retire on 31.12.2007; within a few days. The selection committees had met and had made their recommendations. In Writ Petition No. 63914 of 2007 (Dr. Vinay Shankar Singh and 13 others v. State of UP and others) an interim order was passed staying the operation of the order of the Chancellor dated 14.12.2007. The Chancellor issued a third restraint order on 19.12.2007 directing that the Vice-Chancellor not to place the recommendations made by the selection committee before the Executive Council for its consideration. The matter, however, was placed before the Executive Council on 24.12.2007, and considering the orders passed by the High Court, the Executive Council was of the opinion that it was fully competent to consider the matter for appointment. The Vice-Chancellor retired on 31.12.2007. He was succeeded by the Commissioner, Varanasi Division, Varanasi as the Vice-Chancellor, who did not convene the meeting of the Executive Council, and thus the appointment orders could not be issued.
7. In a writ petition filed by Dr. Mrs. Sneh Lata Prabhakar v. State of UP and others (Writ Petition No. 897 of 2008) connected with Writ Petition filed by Dr. Krishna Kumar Singh v. State of U.P. and othe
