- (1.) THE petitioners aggrieved by the Government Order dated 24.7.2001 providing for appointment of Head of Department in State Universities or rotation basis and for a fixed time, have filed this writ petition seeking a writ of certiorari for quashing the aforesaid Government Order. They have also sought a writ of mandamus, commanding the respon­dents neither to give effect to the said Government Order nor to make amendment in the First Statute of the University in the light of the aforesaid Government Order and not to interfere with the function of the petitioners as Head of Department.
(2.) THE facts in brief, giving rise to the present dispute are, that, all the petitioners are seniormost Teachers/Professors in various departments of Deen Dayal Upadhyaya University, Gorakhpur (hereinafter referred to as "the University") as detailed below: S. N. Name Head of Department of 1. Prof. Sabhajit Mishra Philosophy 2. Prof. Rajendra Prasad Defence Studies 3. Prof. Smt. Aclesh Agarwal Psychology 4. Prof. Ganeshwar Rai English The petitioners were working as Head of Department in accordance with Statute 2.20 of the First Statutes of Gorakhpur University, 1977 (hereinafter referred to as the 'Statutes') which provides, that seniormost teacher in each department of teaching in the University shall be Head of that Department. The State Government, however, issued an order dated 24.7.2001 (Annexure-2 to the writ petition) providing that considering the demand of teachers of the University that Head of Department should be made on rotational basis, the Government has decided that Head of Department should be appointed on rotational basis for a period of three years and relevant Statute of the University in the light of the decision of the Government be accordingly amended. The Executive Council of the University considered the above Government Order in its meeting dated 23.8.2001 and decided to amend the Statute 2.20 and to implement the decision of the State Government contained in the said Government Order by inserting Statute 2.20 (8) in the First Statutes of the University and also to amend Statute 2.20 accordingly. It also decided to refer the mater to the State Government for approval of the amendment of the Statute. It is contended that though the amendment is sought in the Statute has not been assented to by the Chancellor till date, but since the aforesaid Government Order is arbitrary and illegal, therefore, the same is liable to be set aside and the respondents should not be permitted to amend the Statute in the light of the Government Order dated 24.7.2001.
(3.) HAVING heard learned Counsel for the parties, in our view the dispute raises the following issues which require adjudication in the present petition: (i) Whether change in status of Head of Department is permissible pursuant to the Government Order dated 24.7.2001 unless Statute 2.20 is amended in accordance with the procedure prescribed under Section 50 of the U.P. State Universities Act, 1973? (ii) Whether the petitioners have any legal or statutory right to restrain the Chancellor from assenting the proposed amendment in the Statute? (iii) Whether the Government Order dated 24.7.2001 is arbitrary, illegal and without jurisdiction? ;