- (1.) This is a petition under Article 226 of the Constitution for quashing the order of the Vice-Chancellor of the Banaras Hindu University dated 22-12-1972 appointing Dr. Dharam Pratap, Respondent No. 3, as Head of the Department of Law for a period of two years and for the issue of a writ of quo warranto requiring respondent No. 3 to show cause under what authority he holds the office of the Head of Department and for the issue of a mandamus directing the Vice-Chancellor to restore the petitioner as Head of the Department of Law.
(2.) Dr. Anandjee, the petitioner, was appointed Professor and Head of Department of Law in the Law College of the Banaras Hindu University by a resolution of the Executive Council dated 21-8-1959 on probation for a period of two years on the recommendation of a Selection Committee constituted under the Banaras Hindu University Act 1915, and the Statutes framed thereunder. He joined his duties at the Banaras Hindu University (hereinafter referred to as the University) on 27-10-1959. On. that very day, he was informed by the Registrar that he was appointed Dean of Faculty of Law of the University with effect from the date he joined his duty under Statute 25: 1 of the University. The Executive Council resolved to waive the probationary period of the petitioner and confirmed him on the post of Professor and principal of Law College with effect from 11-7-1961. The petitioner thereupon executed agreement with the University as required by Section 19-A of the Banaras Hindu University Act, a copy of the agreement has been filed as Annexure II to the petition. Earlier the petitioner was the only Professor in the Department of f Law, but later on two more professors were appointed. There were thus three professors in the Department of Law including the petitioner.
(3.) On 30-3-1972, the Executive Council of the University proposed a new set of Statutes including Statute 25 : 4 conferring power on the Vice-Chancellor to appoint Head of the Department and to fix tenure of the appointee. The President of India, who is the Visitor of the University, approved the Statutes on 24-7-1972. Dr. K. L. Shrimali Vice-Chancellor of the University passed orders on 22-12-1973 appointing Dr. Dharam Pratap as Head of the Department of Law for a period of two years. In pursuance of that order the petitioner had to hand over charge of the office of the Head of the Department to Dr. Dharam Pratap and. ever since then he was deprived of the benefits and privileges of the Head of the Department. Aggrieved the petitioner filed, the present petition challenging validity of the order of the Vice-Chancellor appointing Dr. Dharam Pratap as the Head of Department.;