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2018 Supreme(All) 1336
IN THE HIGH COURT OF ALLAHABAD
BEFORE : SUDHIR AGARWAL AND IFAQAT ALI KHAN, JJ.
Dr. PRADEEP KUMAR VERMA AND OTHERS ....Petitioners
Versus
UNION OF INDIA AND OTHERS ...Respondents
(Civil Misc. Writ Petition Nos. 567 of 2018 and 58234 of 2017, decided on 5th October, 2018)
Counsel :
Roopesh Tewari, Shailendra, Siddharth Nandan and T.P. Singh for the Petitioners; A.S.G.I., Neeraj Tripathi, Shesh Kumar Srivastava, Vaibhav Tiripathi, Ajay Kumar Sharma and Vinod Kumar Shukla for the Respondents.
Headnote:University of Allahabad Act, 2005 – Sections 28 and 38 – UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for Maintenance of Standards in Higher Education) Regulation, 2010 – Regulation 5.1.6(d) – University Grants Commission Act, 1956 – Sections 26, 20, 2(e) – Re-employment – Principal after superannuation – Legality of – Petitioners are retired teachers sought direction to restrain respondent No. 6 from working as Principal of College – Respondent No. 6 was appointed on post of Principal on 8.11.2016 and after attaining age of 65 years was to retire on 8.11.2017 – Executive Council resolved to grant re-employment to respondent No. 6 for a period of 5 years from date of his superannuation – As perusal Para 9 of Model Guidelines, re-employed teachers shall not be able for holding administrative responsibilities – Re-employment of Respondent No. 6 has not been considered in guidelines issued by UGC – In absence of any guidelines prescribed by UGC in this regard, any College cannot on its own re-employ a Principal after attaining age of superannuation of 65 years, by resorting to Model Guidelines which are applicable to teachers and not to Principals – Re-employment of respondent No. 6 held illegal – Direction issued. [Paras 18 to 83]
Result; Petitions Allowed.
Hon’ble Sudhir Agarwal, J.—In both writ petitions re-employment/re-appointment of Dr. Anand Kumar Srivastava as Principal of Chaudhary Mahadev Prasad Degree College, Allahabad (hereinafter referred to as “College”) has been challenged. With the consent of parties we propose to consider the pleadings and facts stated in Writ Petition No. 567 of 2018 and deal the entire issue with reference to above writ petition.
2. Heard Sri Shailendra, learned counsel for petitioners, Sri Ashok Khare, learned Senior Advocate assisted by Sri Shesh Kumar Srivastava, learned counsel for respondent 6 and Sri Sachin Kumar, Advocate holding brief of Sri Manoj Nigam, learned counsel for respondents 3 and 4.
3. In Writ Petition No. 58234 of 2017, Sri T.P. Singh, learned Senior Advocate assisted by Sri Siddharth Nandan, Advocate has appeared and adopted the argument advanced in Writ Petition No. 567 of 2018.
4. Counter-affidavit has been filed only by respondent 6 and rejoinder-affidavit thereto has also been filed. Other respondents have not filed any counter-affidavit. Learned counsel for parties requested that writ petition may be heard and decided on the basis of pleadings available on record and relevant statutory provisions which would be placed before Court during course of the arguments, hence we proceed to hear and decide this writ petition.
5. By means of this writ petition, petitioners have prayed for issue of a writ of quo-warranto to respondent 6 restraining him from working as Principal of College and to declare aforesaid office vacant and authorities be directed to make a fresh appointment on the post, in accordance with law. A further prayer has been made to issue a writ of certiorari for quashing resolution dated 10.10.2017 of Governing Body of the College, decision dated 28.10.2017 of the Executive Council of University of Allahabad (hereinafter referred to as “University”) and letter of appointment dated 8.11.2017 issued by Dean of College Development, University to respondent 6 and letter dated 8/16.11.2017 issued by Chairman, Governing Body of the College. Lastly petitioners have prayed for a writ of mandamus directing Vice Chancellor, University and Chairperson, Governing Body of College, not to allow respondent 6 to work as Principal of College, not to pay salary to him and restrain him from functioning as Member, Selection Committee in interview scheduled for Selection of Teachers in the College.
6. Petitioners are retired teachers in different disciplines of College, after having worked in Department of Economics and Zoology, respectively.
7. Respondent 6 was appointed as Lecturer on 3.9.1974. He was appointed on the post of Principal on 8.11.2016 on regular basis and after attaining age of 65 years, he was to retire on 8.11.2017.
8. Prior to retirement of respondent 6, Management of College published an advertisement dated 5.9.2017, inviting applications for making appointment on the posts of Principal, Assistant Professors and College Librarian.
9. An emergent meeting of Governing Body of College was convened vide agenda dated 10.10.2017, wherein, sole agenda was as under :
“To consider the continuance/appointment on the post of Principal of the college under the relevant provision contained in letter No. 1-11/2007-UII dated 7th November, 2008 issued by Ministry of Human Resource Development followed by circular No. F-31/94(PS) (Vol9) dated 8th December 2008 issued by U.G.C. as endorsed by the Registrar Vis-a-vis Allahabad University Ordinance.”
10. A meeting of Governing Body of the College was held on 10.10.2017, wherein besides Chairman, one special invitee and eight members were present. Nine members could not attend meeting. In aforesaid meeting, it was recommended that respondent 6 be allowed to continue as Principal for full term of five years despite attaining age of 65 years on 9th November, 2017 and rea
