JUDGMENT :

1. The short question that arises for our consideration in this appeal is whether an order of termination of service of a Principal of a College affiliated or associated to the University governed by the provisions of U.P. State Universities Act, 1973 (1973 Act), during or on expiry of the period of probation, could take effect without the approval of the Vice-Chancellor of the University concerned.

2. The factual matrix in the context of which the above issue arises is as follows: Kanohar Lal Post Graduate Girls College, Sharda Road, Brahampuri, Meerut (hereinafter referred to as ‘the College’) is affiliated to Chaudhary Charan Singh University, Meerut (hereinafter referred to as ‘the University’). As the post of Principal in the College was lying vacant, a requisition was sent to the Higher Education Services Commission (for short ‘the Commission’) to recommend a candidate for filling up the post. Pursuant thereto, the Director of Higher Education recommended fifth respondent for appointment on the post. In pursuance thereof, letter of appointment was issued on 22.10.2021 appointing fifth respondent as Principal of the College on probation of one year by stipulating that