By the Court.—This petition has been filed by a Professor of Babasaheb Bhimrao Ambedkar University, Lucknow contending that the occupancy of the office of Registrar by the respondent No. 5 is unlawful, and therefore a writ of quo warranto should be issued ousting her from the office as her selection and appointment is contrary to the Statutes and Ordinances of the Babasaheb Bhimrao Ambedkar Univeristy Act, 1994.

2. The petitioner was working as a Deputy Registrar on a substantive post in the Banaras Hindu University. She applied for being appointed as a Registrar in the Babasaheb Bhimrao Ambedkar University and was accordingly selected and appointed on a tenure basis. The bone of contention is based on the allegation that the respondent No. 5 who has been appointed as the Registrar was offered a tenure appointment, and not on deputation whereas after having been selected and offered an appointment, her engagement in the University was manipulated on deputation, as such the same being contrary to Rules, a writ of quo warranto be issued as she unlawfully continues to occupy the said office. It is also urged that it is not only the engagement on deputation that is unlawful, but it’s continuance and extension under the impugned extension order of deputation by the Banaras Hindu University is contrary to law, hence the relief prayed for deserves to be granted.

3. There are certain undisputed facts, and therefore it would be appropriate to set-out the same before this Court proceeds to deal with the arguments advanced on the issues raised in this petition. The post of a Registrar is that of an Officer of the University as defined under Section 10 (5) of the 1994 Act. The same is extracted hereunder :

“10. The following shall be the officers of the University :

(1) the Chancellor;

(2) the Vice-Chancellor;

(3) the Pro-Vice-Chancellors;

(4) the Deans of Schools;

(5) the Registrar;

(6) the Finance Officer; and

(7) such other officers as may be declared by the Statutes to be officers of the University.”

4. The Registrar is appointed as per the Statutes of the University framed under Section 27 of the 1994 Act and contained in the second Schedule. Clause 5 of the second Schedule prescribes the mode of appointment of the Registrar. The same is extracted hereunder :

“Registrar

5. (1) The Registrar shall be appointed by the Board of Management on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University.

(2) He shall be appointed for a term of five years and shall be eligible for reappointment.

(3) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances:

Provided that the Registrar shall retire on attaining the age of sixty two years.

Provided further that a Registrar shall, notwithstanding his attaining the age of sixty two years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.

(4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(5) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and academic staff, as may be specified in the order of the Board of Management and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:

Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(b) An appeal shal