D. S. Sinha, J. - (1.) HEARD Dr. R. G. Padia and Sri R. N. Tripathi, learned counsel appearing for the petitioner and Sri Tej Ram, learned standing counsel, Sri D. S. M. Tripathi, Sri Anil Tewari and Sri G. K. Singh, holding brief of Sri R. N. Singh, learned counsel appearing for the respondents.
(2.) UNDISPUTED facts emerging from the pleadings of the parties before the court are these : that Mahamana Madan Mohan Malaviya Sanskrit Vidyalaya, Bhatpar Rani, Deoria (hereinafter called the institution) is a college imparting education upto post graduate level and is affiliated to Sampurnanand Sanskrit University, Varanasi (for short the University), the respondent No. 4, and is governed by and subject to the provisions of the Uttar Pradesh Higher Education Services Commission Act, 1980 (hereinafter called the Act) and the First Statutes of Sampurnanand Sanskrit Vishvavidyalaya, Varanasi, (hereinafter referred to as the Statutes) ; that consequent upon retirement of the Principal of the Institution on 30th June, 1985, the post of Principal fell vacant on 1st July, 1985 that the petitioner being the senior most teacher of the college, was handed over charge of the office of the Principal to act as Principal that thereafter the managing committee of the Institution proceeded to hold selection to select a regular incumbent to fill up the vacancy and selected Sri Suresh Chandra Pandey, the respondent No. 6, and sought approval of the Vice Chancellor of the University regarding selection and for appointment of the respondent No. 6, that by the communication dated 18th September, 1982, a copy whereof is Annexure-7 to the petition, the Registrar of the University intimated to the manager of the Institution that the selection and appointment of the respondent No. 6, as Principal of the Institution, was approved by the Vice-Chancellor and that following the approval granted by the Vice-Chancellor, the respondent No. 6 joined the Institution for the purpose of taking over as Principal. By means of this writ petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the validity of the approval granted by the Vice Chancellor of the University to the selection and appointment of the respondent No. 6 and invokes the assistance of this court for the purposes of enforing his statutory right to act on the post of Principal for so long as a duly selected Principal does not assume the office. For the respondent, it is urged that the respondent No. 6 is a duly selected candidate for the post of Principal of the Institution and is, therefore, entitled to function as such and that the petitioner is not entitled to continue to act as Acting Principal.
(3.) FOR the purposes of proper appreciation and effective adjudication of the controversy raised herein, It is apposite to notice the provisions of Sections 2 (c), 2 (g), 12, 13 and 30 of the Act and also of Section 2 (18) of the Uttar Pradesh State Universities Act, 1973 (hereinafter called the State Universities Act). Section 2 (c) of the Act defines "college" to mean an affiliated or associated college to which the privileges of affiliation or recognition, as such has been granted by a University, and {includes a college maintained by a local authority but does not include a college maintained by the State Government or a college imparting medical education. Sub-section (g) of Section 2 provides that other words used and not defined in the Act but defined in the State Universities Act shall have the meanings respectively assigned to them in that Act. Subsection (18) of Section 2 of the State Universities Act defines the expression "teacher" to mean 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. 6. Section 12 of the Act which provides procedure for appointment of teacher of the college reads thus : "12. Procedure far appointment of teachers.-(1) Every appointment as a teacher of any college shall be made by the management in accordance with the provisions of this Act and every appointment made in contravention thereof shall be void. (2) The management shall intimate the existing vacancies and the vacancies, likely to be caused during the course of ensuing academic year, to the Director at such time and in such manner, as may be prescribed. Explanation. -The expression "academic year" means the period of 12 months commencing on July 1. (3) The Director shall notify to the Commission at such time and in such manner as may be prescribed a subject-wise consolidated list of vacancies intimated to him from all colleges. (4) The manner of selection of persons for appointment to the posts of teachers of a college shall be such, as may be determined by regulations : Provided that the Commission shall with a view to inviting talented persons give wide publicity in the State to the vacancies notified to it under sub-section (3): Provided further that the candidates shall be required to indicate their order of preference for the various colleges vacancies wherein have been advertised." ;