By the Court.—The petitioner before this Court seeks quashing of the order of the Chancellor of Veer Bahadur Singh Purvanchal University, Lucknow (hereinafter referred as the University) dated 17.4.2014 wherein in exercise of powers under Section 68 of the U.P. State Universities Act, 1973 (hereinafter referred as the Act) the Chancellor has been pleased to hold that the Selection Committee constituted for appointment on the post of Principal of Shibli National Post Graduate College, Azamgarh (hereinafter referred as the College) was not inconformity with the provisions of Section 31 (4) of the Act and therefore, the selections held, were bad.

2. Facts in short leading to the present petition are as follows.

3. The College in question is a Post Graduate Degree College affiliated to the University. It is stated to be a recognized minority institution. The post of Principal in the college fell vacant due to retirement of the earlier incumbent. The Committee of Management of the College resolved to make direct appointment on the post of Principal, accordingly an advertisement was published in newspapers on 13.2.2013, 14.2.2013 and 15.2.2013.

4. The Selection Committee for the post of Principal of a recognized and affiliated Minority Degree College, is provided for under Section 31 (4) of the Act. For ready reference, Section 31 (4) of the Act, in so far as it is relevant for our purpose, is being quoted herein below :

“31 Appointment of Teachers.—(4) (c). The Selection Committee for the appointment of the Principal of an affiliated or an associated college (other than a college maintained exclusively by the State Government shall consist of—

(i) the Head of the Management, or a member of the Management nominated by him who shall be the Chairman;

(ii) one of the Deans or Professors of those Faculties which comprise subjects taught in the college, to be nominated by the Vice-Chancellor;

(iii) one member of the Management nominated by the Management; and

(iv) two experts to be nominated by the Vice-Chancellor.

Provided that in the case of appointment of the Principal of an affiliated college, the Dean of Faculty shall not sit in the Selection Committee, if he is himself a teacher of that college.

Provided further that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India, the experts shall be nominated by the Management from out of a panel of five experts by the Management suggested and approved by the Vice-Chancellor.

Provided also that in the case of colleges referred to in the preceding proviso, the Dean or Professor who shall be the member of the Selection Committee under sub-clause (ii) shall also be nominated by the Management from out of a panel of five Deans or Professors suggested by the Management and approved by the Vice-Chancellor and if the requisite number of such Deans or Professors is not so available, the panel may include the names of Principals of affiliated or associated colleges.”

5. From a simple reading of the aforesaid provisions, it is apparent that the Selection Committee for the post of Principal of minority institution is to comprise of (a) Head of the Management or a member of the Management nominated by him to the Selection Committee who shall be the Chairman thereof, (b) one Dean or Professor to be nominated by the Management from out of a panel of 5, Deans and Professors as suggested by the Management and approved by the Vice-Chancellor, and in case the requisite number of persons are not available in that category, then the panel may include the names of Principals of affiliated or associated colleges. (c) One member of the Committee of Management is to be nominated as member and (d) two experts shall be nominated by the Management from out of the panel of five persons as suggested by the Management and appro