Kamal Narain Singh, J. - (1.) THESE two petitions are directed against the order of Vice Chancellor, Kanpur University, dated 16th May 1975 disapproving the petitioners appointment as lecturers and also the order of the committee of Management dated 29th May, 1975 terminating their services. Konch Mahavidyalaya, Konch District Jalaun was granted recognition to teach degree classes in the Session 1973 -74 by the Kanpur University, to which it was affiliated. The management committee of the College issued an advertisement inviting applications for the appointment of lecturers in several subjects including History and Hindi. A selection committee was constituted and on its recommendations the committee of management appointed Surendra Narain Saxena as lecturer in Hindi. It further appointed Ram Sajiwan Shukla as lecturer in History. Both the petitioners were appointed on probation subject to the approval of the Vice -Chancellor. The management forwarded the papers to the Vice -Chancellor for his approval. The Vice -Chancellor by his order dated 16th May, 1975 refused to grant approval to their appointment. The management of the College thereupon issued an order on 29th May 1975 terminating in pursuance of the order of the Vice -chancellor. Aggrieved Surendra Narain Saxena and Ram Sajiwan Shukla both have filed these two petitions challenging the order of the Vice -Chancellor as well as the order of the committee of management terminating their services.
(2.) LEARNED counsel for the petitioners urged that the petitioners appointment was not subject to the approval of the Vice -Chancellor as no such approval was necessary under the U.P. State Universities Act, 1973. The committee of management committed error in seeking the approval of the Vice -Chancellor, it further acted illegally in terminating the petitioner's service in pursuance of the order of the Vice -Chancellor refusing to grant approval to the petitioners' appointments. In order to appreciation this contention, it is necessary to advert to the provisions of the Act as it then existed. Section 31 of the U.P. State Universities Act, 1973 regulates the appointments of teachers. Section 31 as it was originally enacted did not require the committee of management of an affiliated college to obtain approval for the appointment of an affiliated college was authorised to appoint teachers on the recommendations of the Selection Committee. Sub -section (4) of Section 31 was amended by the U.P. Act No. 49 of 1974, which came into force on 25th September 1974. After that amendment sub -section (11) of Section 31 of the Act provided that in the case of affiliated and associated college the management of the college may appoint teachers only after the Vice -Chancellor was satisfied that the candidate possessed minimum qualification and experience prescribed for the post and the procedure laid down in the Act for the selection of the teachers was duly followed. The Vice -Chancellor, was thus invested with the power to satisfy himself regarding the appointment of the teacher by the committee of management of an affiliated college for the first time on 25th September 1975, but before that date any appointment made by the committee of management of an affiliated college was not subject to the approval of the Vice -Chancellor as contemplated by Section 31(ii) of the Act. The principal Act was again amended in 1977. The amended sub -section (11) of Section 31 of the Act lays down that no teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated or associated college unless prior approval of the Vice -Chancellor is obtained. These provisions clearly show that the Vice -Chancellor's approval for the appointment of a teacher of affiliated college was not necessary prior to 25th September 1974, although now the management has no power to appoint a teacher without the prior approval of the Vice -Chancellor. There is no dispute that the management of the college appointed the petitioners on the basis of the recommendation of the selection committee on 6th September 1974, much before the amendment of Section 31(11) of the Act. Under these circumstances, it is clear that the Vice -Chancellor had no authority either to satisfy himself about the qualification of the teacher or to consider the suitability or educational qualification of the teacher appointed by the managing committee of the college. It appears that the managing committee of the college under some mistaken belief forwarded the papers to the Vice -Chancellor who had no authority to consider the suitability of the teacher or to satisfy himself about the qualification of the teacher or to grant approval. For these reasons the impugned order of Vice -Chancellor refusing to approve the appointment of the petitioners is wholly without jurisdiction.
(3.) LEARNED counsel for the Committee of management urged that Section 26(4) of the Kanpur and Meerut Universities Act, 1965, required that if a teacher was appointed in an affiliated college for a period of more than six months, the appointment was subject to the approval of the Vice -Chancellor. The provisions of the Kanpur and Meerut Universities Act, 1965 stood repealed by Section 74 of the U.P. State Universities Act, 1973. Under the circumstances the provisions of Section 26(4) of the Kanpur and Meerut Universities Act 1965, ceased to be applicable. Learned counsel then urged that in view of Section 50 of the State Universities Act 1973, the provisions of Section 26(4) were applicable and the approval of the Vice -Chancellor was necessary to be obtained. We find no merit in this contention. Section 50 of the U.P. State Universities Act, 1973, lays down that so long as the First Statutes are not made, the Statutes as in force immediately before the commencement of the U.P. State Universities Act, 1973 shall continue in force, in so far as they were not inconsistent with the provisions of the Act. First statutes as contemplated by Section 50 of the 1973 Act, were not framed by the time the petitioners were appointed, in fact they were framed some where in 1977. The Statute 7.23(b) of the first statutes framed for the Kanpur University under the 1965 Act provided that any appointment of a teacher in an affiliated college shall be governed by Section 26(4) of the Act. Thus by reference the Statute incorporated Section 26(4) of 1965 Act which required the approval of the Vice -Chancellor. The first Statute framed under the 1965 Act could, continue to remain in force only if it was not inconsistent with the provisions of the 1973 Act. As discussed earlier, the 1973 Act, did not fetter the power of the committee of management in making appointment of teacher by requiring it to obtain the approval of the Vice -chancellor.;