- (1.) Leave granted.
(2.) The Integral University, Lucknow, has approached this Court, to assail the order passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow (hereinafter referred to as the "High Court"), dated 7.3.2017, whereby the appointment of Shri S.W. Akhtar as Vice Chancellor of the Integral University, was set aside.
(3.) Learned Senior Counsel representing the Integral University, invited our attention to the operative part of the impugned order, which is reproduced below: "This is not disputed that vide order dated 21.03.2005, the eighth respondent was appointed as Vice Chancellor of the Integral University for a period of five years w.e.f. 01.04.2005 even before his five years' tenure vide letter dated 22.08.2008, he was issued afresh appointment order again for five years w.e.f. 18.08.2008 and further vide office order dated 16.08.2013 his term has been extended for another five years w.e.f. 17.08.2013 to 16.08.2018. Section 10(1) of the Act, 2004 provides that the Vice Chancellor shall be appointed by the Chancellor in such manner as may be prescribed for a period of five years. Regulations 3.03 of the first Regulation, 2006 framed by the University reads that a person appointed as Vice Chancellor for five years shall, if he completes the age of 65 during the term of his office, retire from office. Admittedly, the eighth respondent has crossed the age of 60 years, therefore, in view of the provisions of Section 10(1) of the Act, 2004 as well as Regulations 3.03 of the Regulations, 2006 framed by the University, we are of the view that the eighth respondent's appointment as well as his continuation as Vice Chancellor even after five years after his first appointment made for five years and particularly after completion of 65 years' age are in violation of statutory provisions of the Act as well as Regulations. Therefore, we arrived at conclusion that the answering respondent no.8 has failed to satisfy his authority to act as Vice Chancellor of the Integral University." (Emphasis is ours) ;