- (1.) Petitioner Dr. M. D. Tiwari, Director, Indian Institute of Information and Technology, Allahabad (hereinafter referred to as IIIT, Alld) has filed this writ petition for quashing of the order passed by Chancellor, IIIT, Allahabad dated 21.08.2013 (Annexure 1 to the present petition). Under the order impugned it has been intimated that the term of Dr. M. D. Tiwari of 5 years as Director had come to an end in December 2012. An extension was granted in his favour, which is with reference to Rule 6.2 (ii) of the UGC Regulation 2010 and not as per amended Clause 13.1 (ii) of Memorandum of Association & Rules of IIIT, Allahabad for want of approval of the amendment by the Commission. The extension has to be determined in accordance with Rule 6.2 (ii) of the UGC Regulation 2010, which is 6 months at the maximum. Dr. Tiwari has been asked to step-down and hand over the charge of Director, IIIT, Allahabad to the person as per the provisions of UGC Regulation 2010.
(2.) We have heard Sri S. P. Gupta, Senior Advocate assisted by Sri Shubham Agarwal, Advocate on behalf of the petitioner, Sri K. C. Kaushik, Additional Solicitor General of India on behalf of respondent no.1, 2 & 3 and Sri Govind Saran, Advocate on behalf of respondent no.4.
(3.) We have also heard Sri Shailendra, Advocate on behalf of person seeking impleadment. Facts leading to the present writ petition are as follows : IIIT, Allahabad is administrated by a society registered in the same name in accordance with the provisions of Memorandum of Association & Rules framed for the purpose. The Institute has the status of Deemed University under the Provisions of University Grants Commission Act. The petitioner was selected as a Director for the first time in the year 2002. According to the provisions applicable the term of the Director is 5 years. This term came to an end in the year 2007. According to the petition, fresh advertisement was published for the post of Director. Petitioner applied and he was again selected for the post and was appointed in pursuance thereof in the year 2007. The term of appointment was 5 years.;