- (1.) The dispute in the present writ petition relates to Headship of the Department of Plant Physiology, Institute of Agricultural Science, Banaras Hindu University, Varanasi.
(2.) The facts, largely undisputed, are that in the Department of Plant Physiology of the Institute of Agricultural Sciences, Banaras Hindu University, Varanasi, at the relevant time, there were three Professors. The petitioner was the senior-most, followed by Professor J.P. Srivastava and Professor A. Hemanta Ranjan, who was appointed as Professor w.e.f 27.06.2006. The Headship of a Department of Banaras Hindu University is governed by Statute 25 of the First Statutes of the Banaras Hindu University, which is being reproduced below:- " 25. Department/Faculties (1) The Departments of Studies in the University and the Faculties relating thereto are set out in the annexure to this schedule. (2) No Department shall be established, reconstituted, amalgamated with another, or devided or abolished except in accordance with the provisions of these Statutes. (3) Each Department shall consist of the following members, namely:- (i) Teachers of the Department; (ii) Persons conducting research in the Department; (iii) Dean of the Faculty or Deans of the Faculties concerned; (iv) Honorary Professors, if any, attached to the Departments; (v) Such other persons as may be members of Departments in accordance with the provisions of the Ordinances. (4) (1) Each Department shall have Head whose duties, functions and conditions of appointments shall be laid down by the Ordinances. (2) In the case of Departments having the sanctioned strength of more than one Professor, the Vice-Chancellor shall appoint one of the Professors by rotation according to seniority as the Head of Department for a specified period as laid down in the Ordinances. Provided that, if at any particular time, such Department in effect has only one Professor, the Vice-Chancellor shall appoint the Head of Department in accordance with the provisions given in Clause (3). Provided further that a Professor/Reader who has been the Head of Department earlier or who declined the option under Clause (5) shall not be reappointed until all the Professor/Reader as the case may be in the Department have been duly considered. Provided further that in the event of Professor/Reader not being available at the time of commencement of his tenure, the Professor/Reader, as the case may be, next in order of seniority shall be appointed as Head of Department and the tenure of such as were not available shall commence after the expiry of the term of the Professor/Reader appointed in his absence. (3) In the case of the Departments which have the sanctioned strength of only one Professor, the Vice-Chancellor shall first appoint the Professor as the Head of Department and thereafter one of the Readers from amongst the two senior-most Readers by rotation according to seniority for a specified period as laid down in the Ordinances. After the term of the Readers is over the Professor would again be appointed as the Head and the rotation would continue. (4) In the case of Departments where there is no Professor, the Vice-Chancellor shall appoint one of the Readers from amongst the two senior-most Readers by rotation according to seniority, as the Head of the Department for a specified period as laid down in the Ordinances. (5) Any Professor or Reader shall have the option to resign the Headship at any time during his tenure or also to decline the offer of appointment on his turn as Head of the Department. (6) If no Professor or Reader is appointed Head of the Department or when the place of the Head of the Department is vacant for any reason the Dean of the Faculty concerned shall act as the Head of the Department. (7) Notwithstanding anything contrary contained anywhere in these statutes, whenever the Vice-Chancellor is satisfied that appointment of a person, whose appointment is due on the basis of seniority as the Head of the Department, will not be in the overall interest of the Department he may, with the prior approval of the Executive Council, appoint another Professor or Reader next in seniority, as the case may be, as the Head of the Department. (8) Notwithstanding anything contained to the contrary in these statutes. Faculties consisting of a single Department the office of the Head and the office of the Dean shall continue to be held conjointly. Provided that in the event of Professor exercising his option to resign from the Headship or declining the offer of the appointment as Head of Department under Clause (5), his term as Dean shall also come to an end notwithstanding the provisions of para 30 of the Statutes. (9) If any dispute or doubt arises about the interpretation of these Statutes, the same shall be referred to the Executive Council and the decision of the Executive Council shall be final. (10) These amended Statutes shall be deemed to have come into force w.e.f 4th April, 1984."
(3.) Clause (4) of the Statute 25 provides that each department shall have a Head whose duties, functions and conditions of appointments shall be laid down by the Ordinances. Sub-Clause (2) of Clause (4) of Statute 25 provides that in the case of Department having a sanctioned strength of more than one Professor, the Vice-Chancellor shall appoint one of the Professors by rotation according to seniority as the Head of the Department for a specified period as laid down in the Ordinances. Proviso (2) to Sub-clause (2) of Clause (4) of Statute 25 provides that a Professor/Reader who has been the Head of the Department earlier or who declined the option under Clause (5) shall not be reappointed until all the Professor/Reader as the case may be in the Department have been duly considered. The Proviso (3) to Sub-clause (2) of Clause (4) of Statute 25 provides that in the event of Professor/Reader not being available at the time of commencement of his tenure, the Professor/Reader, as the case may be, next in order of seniority shall be appointed as Head of the Department and the tenure of such as were not available shall commence after the expiry of the term of the Professor/Reader appointed in his absence.;