D. S. Sinha, J. - (1.) HEARD Shri Ashok Khare, learned counsel appearing for the petitioner. No body appears for the respondents though the case has been taken on the revision of the cause-list.
(2.) THE appointment of the petitioner as Lecturer In the Department of Drawing and Painting of Guru Narak Girls Degree College, Kanpur was disapproved by the Vice-Chancellor, Kanpur University, Kanpur and it was conveyed to the Principal of the College by the communication dated 22nd April, 1985, a copy whereof is Annexure 'II' to the petition. THE reference petition of the petitioner under Section 68 of the Uttar Pradesh Universities Act, 1973 (hereinafter called the Act), against the: disapproval of her appointment was rejected by the Chancellor of Kanpur University. THE rejection was communicated to the petitioner by the le:tter dated 13th January, 1986, a copy whereof is Annexure 'VI' to the petition. THE disapproval by the Vice Chancellor and rejection of the reference by the Chancellor are under challenge in this petition under Article 226 of the Constitution of India. The reference of the petitioner has been rejected as barred by time. Shri Khare contends that the Chancellor committed an error of law in rejecting the reference of the petitioner as barred by time inasmuch as he did not act in conformity with the provisions of Clause (a) of second proviso to Section 68 of the Act. He submits that the Chancellor was statutorily obliged to entertain the reference notwithstanding the expiry of the period of limitation prescribed by the first proviso to the Section.
(3.) SECTION 68 of the Act and the two provisos thereto are as under : "68. Reference to the Chancellar.-If any question arises whether any person has been duly elected or appointed as, or is entitled to be, member of any authority or other body of the University, or whether any decision of any authority or officer of the University (Including any question as to the validity of a Statute, Ordinance or Regulation, not being a Statute or Ordinance made or approved by the State Government or by the Chancellor) is in conformity with this Act or the Statutes or the Ordinance made thereunder, the matter shall be referred to the Chancellor and the decision of the Chancellor thereon shall be final : Provided that no reference under this section shall be made- (a) more than three months after the date when the question could have been raised for the first time ; (b) by any person other than an authority or officer of the University or a person aggrieved : Provided further that the Chancellor may in exceptional circumstances.- (a) act suo motu or entertain a reference after the expiry of the period mentioned in the preceding proviso ; (b) where the matter referred relates to a dispute about the election, and the eligibility of the person so elected is in doubt, pass such orders of stay as he thinks Just and expedient; (c) {** *** ***)." The provisions contained in Section 68 of the Act arm and confer right upon the person aggrieved by decision of any authority or officer of the University to make a reference to the Chancellor. However, the right bestowed upon the aggrieved person is not without fetter. First proviso to the section shackles it and ordains that no reference shall be made more than three months after the date when decision could have been impugned for the first time.;