B.S. Chauhan, J. - (1.) This writ petition has been filed against the order dated 13.3.2003, passed by the Respondent No. 1 Chancellor, Dr. Bhim Rao Ambedkar University, Agra, by which, the claim of the Petitioner to hold the post of Principal upto 30th June, 2003 by virtue of the statutory provision has been rejected.
(2.) Facts and circumstances giving rise to this case are that Petitioner had been duly appointed by the U.P. Higher Education Service Commission as a Principal of the Jawahar Lal Nehru Post Graduate College, Etah, and he joined the service on 10.7.1989. Petitioner's date of birth is 1.12.1942 and the age of the superannuation is 60 years, and thus, Petitioner ought to have retired on 30th November, 2002. But he claims that by virtue of the provisions of Statute 16.15 of the University he is entitled to continue upto 30th June, 2003, as it provides that if the superannuation comes prior to the end of the academic session, the Principal shall continue till the end of the academic session. In September, 2001, the State Government in exercise of the powers under Section 57 of the U.P. State Universities Act, 1973 (hereinafter called the Act 1973) superseding the Committee of Management appointed District Magistrate as Authorised Controller of the college. The Authorised Controller vide order dated 28.11.2002, provided that Petitioner would stand retire on 30.11.2002 on completing the age of 60 years and further direction was issued to hand over the charge to the Respondent No. 3 being the senior most teacher in the college. When the Management Committee of the College was restored vide order dated 4.12.2002, it allowed the representation of the Petitioner vide order dated 12.12.2002 providing that he would hold the post upto the end of the academic session. Respondent No. 3 filed Writ Petition No. 53518 of 2002 challenging the said order, which was dismissed as withdrawn with liberty to avail the statutory remedy before this Court. Respondent No. 3 filed a representation under Section 68 of the Act 1973 before the Respondent No. 1, who passed the interim order dated 27.12.2002 restraining the Petitioner to work as a regular Principal of the college, and finally vide order dated 13.3.2003, the said representation has been allowed. Hence, this petition.
(3.) Facts are not in dispute at all. Petition involves pure question of law as to whether under the Statute, Petitioner is entitled to continue upto the end of the academic session, and in the fact-situation, wherein it has been alleged that a criminal prosecution has also been launched against the Petitioner, wherein charges have not yet been framed and the trial is yet to commence, he is entitled for the benefit of the Statute? The relevant provisions of the Act 1973 read as under: 2 (15) 'principal', in relation to an affiliated, associated or a constituent college, means the head of such college; 2 (18) 'teacher' means a person employed (for imparting instruction or guiding or conducting research in the University or in an Institute or in a constituent, affiliated or associated college) and includes a Principal or Director. Relevant provisions of 1st Statute of Agra University read as under: 12.20. When the office of the Principal of an affiliated college falls vacant, the Management may appoint any teacher to officiate as Principal for a period of three months or until the appointment of a regular Principal, whichever is earlier. If on or before the expiry of the period of three months, any regular Principal is not appointed, or such a Principal does not assume office, the senior most teacher in the college shall officiate as Principal of such college until a regular Principal is appointed. [Sections 37 and 49 (m)]. 15.04. (1) A teacher of the university may be dismissed or removed or his services terminated on one or more of the following grounds. (Section 49 (d)): (a) wilful neglect of duty; (b) misconduct; (c) breach of any of the terms of contract of service; (h) abolition of the post. 16.06. (1) No order dismissing, removing, or terminating, the services of a teacher on any ground mentioned in Clause (1) or Clause (2) of Statute 15.04 (except in the case of a conviction for an offence involving moral turpitude or of abolition of post) shall be passed unless a charge has been framed against the teacher and communicated to him with a statement of the grounds on which it is proposed to take action and he has been given adequate opportunity. [Section 49 (o)]. 16.14. (1) The age of superannuation of a teacher of an affiliated college shall be 60 years. (Section 49). (2) The date of superannuation of such a teacher shall be the date immediately preceding his 60th birthday. 16.15. No extension in service beyond the age of superannuation shall be granted to any teacher after the commencement of these Statutes. [Section 49 (o)]: Provided that if the date of superannuation of a teacher does not fall on June 30, the teacher shall continue in service till the end of the academic session, i.e., June 30 following and he will be treated as on re-employment from the date immediately following the date of his superannuation till June 30, following.;