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HIGH COURT OF JUDICATURE AT ALLAHABAD BENCH AT LUCKNOW
IRSHAD ALI, J.
Sunita Chandra (Now S/S) - Appellant
Versus
U.O.I. Thru Secy Ministry of Human Resource Development - Respondent
Service Single No. 25802 of 2017
Decided On : 17-04-2019
Babasaheb Bhimrao Ambedkar University Act, 1994 – Section 10 (5), 12(b), 27 – Appointment on post of Registrar in university – Challenging appointment of petitioner on deputation basis – Whether application for grant of leave from BHU can granted on deputation basis or on long leave basis was subject matter of consideration before University – Challenged – Held, Action of Vice-Chancellor not valid action – Under statute, appointment on post of Registrar on deputation basis is not permissible nor on basis of long leave – But on other hand, it should be kept in mind that appointment on the post of Registrar of BBA University was for period of five years – Petitioner, who was holding post of Assistant Registrar in BHU was selected on post of Registrar of BBA University to save her earlier appointment on post of Assistant Registrar in BHU, she applied for sanction of leave in BHU as long leave – University, wherein petitioner was granted appointment not objected on leave granted to petitioner – No substantive relief can be granted to petitioner due to expiry of tenure of five years post of Registrar but this Court is opinion that due to arbitrary and illegal exercise of power at level of University and its authorities, petitioner has suffered lot – Action on part of Finance Officer is wholly without jurisdiction, as he has no power to pass an order against Registrar of University – Directed to University to issue fresh advertisement inviting applications from eligible and qualified candidates to apply and it is left open to petitioner to apply for same – It clear that in case petitioner applies in pursuance to fresh advertisement, her claim shall be considered under strict provisions of Act of 1994 and statute framed – Petition partly allowed. (Paras: 81 to 90)
Facts of the case:
Appointment on post of Registrar in university – challenging appointment of petitioner on deputation basis that whether the appointment has been made in accordance with provisions of statute and Act of University – Whether application for grant of leave from BHU can granted on deputation basis or on long leave basis was subject matter of consideration before University.
Findings of the court:
Action of Vice-Chancellor not valid action – Under the statute, appointment on post of Registrar on deputation basis is not permissible nor on basis of long leave. But on other hand, it should be kept in mind that appointment on the post of Registrar of BBA University was for period of five years – Petitioner, who was holding post of Assistant Registrar in BHU was selected on post of Registrar of BBA University to save her earlier appointment on post of Assistant Registrar in BHU, she applied for sanction of leave in BHU as long leave – University, wherein petitioner was granted appointment not objected on leave granted to petitioner – No substantive relief can be granted to petitioner due to expiry of tenure of five years post of Registrar but this Court is opinion that due to arbitrary and illegal exercise of power at level of University and its authorities, petitioner has suffered lot – Action on part of Finance Officer is wholly without jurisdiction, as he has no power to pass an order against Registrar of University – Directed to University to issue fresh advertisement inviting applications from eligible and qualified candidates to apply and it is left open to petitioner to apply for same – It clear that in case petitioner applies in pursuance to fresh advertisement, her claim shall be considered under strict provisions of Act of 1994 and statute framed.
Result: Petition partly allowed
IRSHAD ALI, J.
1. Heard Sri S.K. Kalia, learned Senior Advocate assisted by Sri Sameer Kalia, learned counsel for the petitioner who concluded the argument finally, Sri Anil Tiwari, learned Senior Advocate assisted by Dr. V.K. Singh, learned counsel for the respondents and Sri Amit Bose, learned counsel for the respondent No.5.
2. The Petitioner while working as Deputy Registrar on a substantive post in Banaras Hindu University (BHU) applied for being appointed as Registrar in Babasaheb Bhimrao Ambedkar University, Lucknow (for short, 'BBA University') and was accordingly selected and appointed on tenure basis.
3. There are certain undisputed facts 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 Babasaheb Bhimrao Ambedkar University Act, 1994 (for short, "Act of 1994").
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.
5. The University under the Statutes has the power to appoint an Officer for a fixed tenure and as indicated above, the Registrar has to be appointed for a term of five years with a future eligibility of re-appointment. The selection is through a Selection Committee.
6. This appointment is to be made by the Board of Management for a fixed tenure as is provided for in Statute - 22.
7. Thus, the appointment is not an appointment on deputation but is a tenure appointment under the aforesaid process.
8. An advertisement was issued for appointment on the post of Registrar. The advertisement clearly prescribes the conditions, under which the appointment is to be made. Advertisement No.1 of 2013 dated 28.06.2013 is for non teaching posts with a stipulation that it shall be subject to Ministry of Human Resource Development and UGC regulations framed from time to time. The same specifically prescribes the post to be a tenure post for five years.
9. What is noticeable in the said advertisement is that there are several posts advertised including that of Finance Officer which is also indicated as a 'tenure post' for 5 years and similar is the status of Controller of Examination. However, at Sl. No.5, the post of Internal Audit Officer has been described as on deputation basis. Thus, the posts that were to be filled on 'tenure basis' and 'deputation basis' have been separately indicated in the advertisement. The post of Registrar has not been indicated to be filled up by way of deputation. The terms and conditions of the advertisement described as General Instructions and Essential Information are contained at the tail end of the advertisement. Clauses 20 and 21 are important to understand the significance of the word 'deputation' in the context in which the present arguments have been advanced.
10. That the Board of Management in its 46th meeting held on 20.11.2013, approved the proposal of the petitioner having been selected for appointment after recommendation as per rules on the post of Registrar for a period of five years. The letter of appointment was issued on 21.11.2013. The petitioner appears to have written a letter, thereafter, to her parent employer/BHU on 26.11.2015 making a request for relieving her on deputation for five years, so as to enable her to join the post of Registrar in the Ambedkar University.
11. The BHU informed the petitioner vide letter dated 22.01.2014 that the sanction of deputation by the University has been extended for three years to join as Registrar at Ambedkar University w.e.f. 24.01.2014. The petitioner joined on the said post and notification was issued by the Ambedkar University on 24.01.2014. The notification does not mention about the joining on deputation basis of the petitioner and in this regar
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