M.KATJU, J. - (1.) HEARD learned Counsel for the petitioner Sri K.M. Sahai and Sri Anil Tewari for respondent Nos. 1, 2 and 4.
(2.) THE controversy in this case is as to who is entitled to officiate as Principal of Ram Nand Peeth Sanskrit Mahavidyalaya Badrika Ashram Karn Ghanta Varanasi which is affiliated to Sampurnanand Sanskrit Vishwavidyalaya, Varanasi. Statutes 18.14 and 18.15 of the First Statutes of Sampurnanand Sanskrit Vishvadalaya are extracted below : 18.14. All disputes regarding seniority of teachers (other than the Principal) of the same college, shall be decided by the Principal of the college who shall give reasons for the decision. Any teacher aggrieved by the decision of the Principal may prefer an appeal to the Vice -Chancellor within 60 days from the date of communication of such decision to the teacher concerned. If the Vice -Chancellor disagrees from the Principal, he shall give reasons for such disagreement. 18.15. All disputes regarding seniority of Principals of affiliated colleges shall be decided by the Vice -Chancellor who shall give reasons for the decision. Any Principal aggrieved by the decision of the Vice -Chancellor may prefer an appeal too the Executive Council within sixty days from the date of communication of such decision to the Principal concerned. If the Executive Council disagrees with the Vice -Chancellor, it shall give reasons for such disagreement.
(3.) STAUTE 18.14 relates to disputes of seniority of teachers other than the Principal, whereas Statute 18.15 relates to dispute of seniority of Principal. In the present case although the dispute is between the two teachers as to who is senior and hence ordinarily it should be decided in accordance with Statue 18.14, but since there is no permanent Principal (as the permanent Principal has left the institution) the controversy is who is entitled to officiate as acting Principal. Statute 12.22 states: 12.22. In case of office of the Principal of an affiliated colleges falls vacant the senior most teacher of the college shall act as Principal until a duly selected Principal assumes office provided that such teacher shall draw the pay he is entitled to get on the post of the teacher and will not get the pay of the post of Principal during such period. ;