N.L.Ganguly - (1.) THE Manager of the Committee of Management, Atarra Post Graduate College, Atarra, Distt. Banda filed this petition for quashing the order dated 16-10-90 and 9-2-90 passed by the Chancellor, Bundelkhand University and Vice Chancellor, Bundelkhand University, respectively.
(2.) THE brief facts of the case is that at Atarra Post Graduate College, Atarra Distt Banda, Dr. Vishan Lal Gaur, respondent no. 3 was appointed as Principal of the College by order dated 5-10-84 with a period of probation for one year. Dr. Gaur, respondent no 3, joined the Institution on 1-11- 84. THE Committee of Management of the Institution was not fully satisfied with the work of Dr. Gaur. A resolution dated 6-10-85 was passed by the Committee of Management extending the period of probation for further one year. The Committee of Management urged that the respondent failed to improve in conduct of his duties, hence a meeting was convened by the Committee of Management on the basis of an Agenda dated 4-10-86 on 11- 10-86. By the said meeting dated 11-10-86, the Committee of Management stated to have resolved for taking proceedings for termination of the service of respondent Dr. Gaur on expiry of the probationary period. The Committee of Management pleaded that in meeting of the Committee of Management held on 20th October, 1986, decision was taken for terminating the services of the respondent no. 3 Dr. Gaur on the expiry of the probationary period with the approval of the Vice Chancellor. The Committee of Management served notice for termination to Dr. Gaur and gave opportunity to him to file reply. The papers of the Committee of Management, resolution, decision of the Committee of Management was sent to the Vice Chancellor for the requisite approval for terminating the services of the respondent no. 3, Dr Gaur. The respondent no. 3 submitted his representation before the Vice Chancellor against the resolution sent to the Vice Chancellor. The Vice Chancellor by an order dated 7-12-86 accorded approval for terminating the services of the respondent no. 3. The respondent no. 3 filed writ petition no. 209/7 of 1986 before this court challenging the order of the approval accorded by the Vice Chancellor terminating his services. The said writ petition was rejected on the ground that no representation under section 68 of the U. P. State Universities Act was filed before the Chancellor. Thus, the respondent no. 3 filed a representation under section 68 of the Act before the Chancellor on 15-2-87. A representation was also submitted by Bundelknand University Teachers Association lor reviewing the order dated 7-12-86 before the Vice Cnancellor. After examing the correct facts, the Vice Chancellor cancelled his earlier order dated 7-12- 86 by order dated 29-6-87 granting approval to the termination of services of the respondent no. 3 Dr. Gaur. The said order dated 7- 12-86/29-6-87 cancelling and recalling the earlier order was passed by the Vice Chancellor on the ground that the Committee of Management had obtained the order of approval dated 7-12-86 by misrepresentation of fact. It was observed by the Vice Chancellor in his order that the Committee of Management had stated that a resolution dated 11-10-86 was passed by the Committee of Management proposing to terminate the services of the respondent no 3. The Vice Chancellor further held that in fact no meeting of the Committee of Management was held at all on 11-10-86. The Vice Chancellor recorded in his order a finding that some employee of the Institution had died on 11-10-86 and after the condolence meeting, no business or any resolution was carried on the said day. In the absence of any meeting on 11-10-86, resolving to terminate the services of the respondent no 3. the Committee of Management misrepresented before the Vice Chancellor and on the basis of the said misrepresentation had obtained the approval for terminating the services of the respondent no 3. As the Vice Chancellor himself had recalled and set aside the earlier order of approval dated 7-12- 86, the representation under section 68 of the U. P. State Universities Act sent by the respondent no 3 to the Chancellor had became infructuous.
(3.) BEING aggrieved by the order of the Vice Chancellor dated 29-6-87, the Committee of Management petitioner filed Civil Misc. Writ Petition No. 12682 of 1987 before this court. The said writ petition was finally decided by the Division Bench by judgment dated 3-9-88. The Division Bench's judgment is reported in Committee of Management, Atarra Post Graduate College, Atarra, Banda v. Vice Chancellor, Bundelkhand University, 1988 U. P. Local Bodies and Ecucational Cases 821. The Division Bench was pleased to direct that; "However it will be open to him (Vice Chancellor) to take fresh proceedings on the representation against the approval given by him initiated by the Bundelkhand University Teachers' Association. This may be possible to argue that Association did not have any locus-standi to agitate the exclusion for Dr. Vishan Lal Gaur but seeing the entire circumstances, it appears to us to be proper and appropriate that Vice Chancellor may without entering into the technicality of the proper representation coming before him, look into the representation and if he finds that an untruth statement of fact was made to him about the meeting, dated 11th and 20th December, 1986 he may recall the order dated 7-12-86, granting approval " After the said judgment of the Division Bench, the Committee of Management/petitioner filed Special Leave Petition before the Hon'ble Supreme Court. The Hon'ble Supreme Court by judgment dated 30th September, 1988, called for a report, a copy of which has already been annexed with the writ petition as Annexure 19. The Supreme Court directed that the Vice Chancellor may proceed with the enqury subject to the condition that any decision taken by the Vice Chancellor, shall not be enforced or implemented untill further orders of this court...... The Vice Chancellor is directed to submit his report before the Supreme Court as soon as the enquiry is over. 16-Rep.-1991;