K.C.Agrawal, J. - (1.) By this petition filed under Article 226 of the Constitution, Prof, K A. Nizami, who was the Head of the Department of History in Aligarh Muslim University, has challenged the order of the Vice Chancellor contained in the office memo dated 13th June, 1984. The office memo was issued by the Registrar of the University intimating to the petitioner that as he had completed more than five years as Head Chairman of his department before 14-6-1984, he ceased to be the Chairman of the department. The office memo further stated that the aforesaid direction of cessation of the petitioner as Head of the Department had been issued in pursuance of clause (4) of Chapter II of the Ordinances (Academic) promulgated on behalf of the Executive Council by the Vice Chancellor on June 13, 1984.
(2.) The office memo contained the names of Sixteen other Heads/Chair - men, who had completed more than five years, ceased to be the Heads/Chairmen of their respective departments. One of the professors of that list was Prof. A Jamil Qadri he was Head of the Department of Psychology. He has filed the connected writ petition.
(3.) In this petition and in the connected writ petition, the same arguments were advanced by the petitioners of the two cases. The first argument was that by virtue of Sub-section (3) of Section 22 of the Aligarh Muslim University (Amendment) Act (hereinafter referred to as the Amending Act of 1981), petitioner, Prof. K.A. Nizami would be entitled to continue till he completed his full terms of sixty years. The second Submission was that the impugned clause 4 of Chapter II could not be framed by the Executive Council giving it retrospective effect. Hence, the petitioner, who had been appointed as Head of the Department before the Amending Act was entitled to continue to function as such irrespective of the amendments made in Statute 8 and the Ordinances framed thereafter in pursuance of the same.;