- (1.) On receipt of some complaint of mismanagement against the Appellant, the Vice-Chancellor of Purvanchal University, Jaunpur, constituted a Committee to inquire into the same. Aggrieved thereby it filed a writ petition before a learned Judge of this Court contending that the Uttar Pradesh State Universities Act, 1973 (Act for short) did not empower the Vice-Chancellor to order such an inquiry and that power to do so vested only with the State Government under Section 40 of the Act. The learned Judge rejected the writ petition firstly on the ground that even though the Appellant had made a representation before the Vice-Chancellor against holding of the enquiry it did not raise any objection as to the powers of the Vice-Chancellor to direct such an enquiry. The learned Judge further held that the Vice-Chancellor had the requisite powers under Section 13(1)(a) of the Act. Aggrieved by the rejection of its writ petition, the Appellant has filed this special appeal.
(2.) We have heard Sri A.P. Srivastava, learned Counsel for the Appellant and Sri R.R. Singh, learned Counsel for the Respondents.
(3.) The grounds urged by the Appellant before the learned Judge were reiterated before us and reliance was placed upon a Full Bench decision of this Court in the case of Committee of Management of R.K. College v. V.C. Meerut University, 1987 UPLBEC 172, to contend that the powers of the Vice-Chancellor under Section 13(1) and (6) of the Act were to meet only emergent situations and as such the powers under Section 13(1) could not be invoked in the instant case. For proper appreciation of the above contention made in the light of the Full Bench judgment referred to above, it would be profitable at this stage to extract section 13(1) and (6) of the Act : 13. Powers and duties of the Vice-Chancellor -- (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall -- (a) exercise general supervision and control over the affairs of the University including the constituent colleges and the Institutes maintained by the University and its affiliated and associated colleges : (b) give effect to the decisions of the authorities of the University : (c) in the absence of the Chancellor, preside at meetings of the Court and at any convocation of the University : (d) be responsible for the maintenance of discipline in the University : (e) be responsible for holding and conducting the University examinations properly and at due times and for ensuring that the results of such examinations are published expeditiously and that academic session of the University starts and ends on proper dates. (6) Where any matter is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deem fit and shall forthwith report the action taken by him to the Chancellor and also to the officer, authority, or other body who or which in the ordinary course would have dealt with the matter .;