V.K. Khanna, J. - (1.) THE Petitioner, who happens to be the professor/Chairman of the Department of History (Centre of Advanced Study in History) Aligarh Muslim University, Aligarh has filed this writ petition challenging the order dated 13th August, 1991 passed by the Vice -Chancellor and issued by the Deputy Registrar, Aligarh Muslim University, Aligarh approving that Professor Irfan Habib, Respondent No. 5, Department of History, shall continue to be the Coordinator of the Centre of the Advanced Study in History after his superannuation on 11 -8 -1991 till further order.
(2.) ACCORDING to the Petitioner, the Executive Council of the University in its meeting held on 8 -8 -1968 resolved to upgrade the status of the Department of History to the centre of advanced study in history. True copy of the resolution of the Executive Council has been annexed as Annexure 1 to the writ petition In view of the definition of the 'Department' in Section 2(3) of the Aligarh Muslim University Act (hereinafter referred to as the "Act") the Department of History will include the centre of Studies i.e. the Centre of Advanced Study in History. From the year 1968 up to the year 1988 the practice continued that the head of the Department of History was to function as ex officio Director/Co -ordinator. Later on these guidelines were changed and it was laid down that the Senior most professor belonging to the Thrust area shall function as co -ordinator of the Centre. The latest guide lines issued by the University Grants Commissioner provided that the senior most person in the Thrust area concerned shall function as a coordinator of the Advanced study centre in History till his superannuation. It was also provided that if such a person is at the verge of the age of superannuation the next senior most person in the Department concern shall function as Coordinator. Besides this, it was also provided that in case the programme co -ordinator retires in the middle of any one phase of five years duration, he may continue as a programme co -ordinator for the remaining period of the particular phase of the programme. It was also provided that in a special case if the co -ordinator is available after retirement, he may continue to function as co -ordinator of the Centre even after particular phase of the programme is over. According to the Petitioner the aforesaid two conditions laid down in the latest guideline entitles a person to continue as a co -ordinator even after his superannuation is totally illegal being against the Statute of the Aligarh Muslim University. The precise argument is that as per the Statute 29(9)(b) the Executive Council may, in the interest of the University, re -employ a teacher for such period as it may deem fit and on such terms and conditions as it may prescribe, provided that no teacher shall be retained in service beyond the age of 65 years. However, under the proviso it has been clearly provided that during the period of re -employment a teacher shall not be given any administrative responsibility. According to the Petitioner the Co -ordinator of the Centre of Advance Study of History performs several administrative functions and thus in the view of the specific provisions of the Statute 29(9)(b) he can not act as co -ordinator as he cannot be permitted to perform administrative functions after his retirement. It has also been urged that the guide lines issued by the University Grants Commission can not over ride the statutes of the University It has been prayed that the impugned order dated 13 -8 -1991 is, therefore, liable to be quashed and that the Respondent 5 be restrained from functioning as Co -ordinator of the Centre of Advanced Study in History in Aligarh Muslim University, Aligarh. In so far as the Respondents are concerned, they have taken up a case that the centre of Advanced Study in History has not been established either under the Act, statutes or Ordinances and thus is not a Department of the University. It has been argued that the administrative functions which a retired professor can not perform under statute 29 (9)(b) are the functions which have been assigned to the authorities or officers which have been designated either under the Act, statute or the ordinances. Co -ordinator of the centre of the advanced study in History is not one of the authorities or the officers mentioned either under the Act, Statute or the Ordinances and thus would not be deemed to perform any administrative functions as contemplated under the Statute 29 (9)(b) of the Statutes. In the alternative it has been urged that the functions of the co -ordinator are principally for doing academic and research work and he has not been assigned any administrative responsibility as contemplated under Statute 29 (9)(b) of the Statutes. In the end it has also been urged that in the matter relating to the educational institutions if two interpretations are possible, the court will ordinarily be reluctant to accept the interpretation which would upset and reverse the long course of action and decision taken by such educational authorities and would accept the interpretation made by such educational authorities. Reliance has been place on the Supreme Court case of Dr. Uma Kant v. Bhika Lal Jain : J.T. 1991 (4) SC 75.
(3.) THE first question which falls for determination in this case is as to whether the Centre of Advanced Study in History has been established under the provisions of the Aligarh Muslim University Act or the Statutes and the Ordinances framed there under. Section 2(e) of the Act defines "department". Department means a department of studies and includes a centre of Studies established by the ordinances. The ordinances have been produced before us and they no where provide for the Centre of the advanced study in History. It is thus clear that Centre of Advanced Study in History cannot be termed to be a department under Section 2(e) of the Act It will be pertinent to note that chapter 1 of the ordinances under the heading 'Factuality of Social Sciences' provides for centre of West Asian Studies. It is thus absolutely clear that neither the Statute nor the ordinances have established Centre of Advanced Study in History.;