- (1.) Heard Mr. Ramesh Chandra Saxena, learned counsel for the petitioner, Mr. Madan Mohan Pandey, learned Additional Advocate General assisted by Mr. Q. H. Rizvi, learned Additional Chief Standing Counsel for the State, Dr. L. P. Mishra, Mr. Brijesh Kumar Shukla, Mr. Manish Kumar, learned counsel, for the respondent no. 4, Mr. Brijesh Kumar Shukla, learned counsel for the respondent no. 3 and 7 and Mr. Shubham Tripathi, learned counsel for the respondent no. 6.
(2.) This is a writ petition filed by the petitioner allegedly in public interest seeking the following reliefs:- "(a) issue a writ, direction or order in the nature of certiorari quashing the impugned order dated 24.5.2017, passed by O.P.No. 3, contained in Annexure No. 1, after summoning the original record. (b) issue a writ, direction or order in the nature of mandamus commanding the opposite party No. 2 for referring the matter for investigation and prosecution of O.P. No. 4 by CBI in the public interest or similar direction may be issued to opposite party no. 5. (c) issue a writ, direction or order in the nature of interim mandamus commanding the opposite party No. 4 that he may not discharge any duty for the post of Vice Chancellor, HBTU, Kanpur in pursuance to the impugned order dated 24.5.2017, contained in Annexure No. 1."
(3.) Annexure No. 1 to the writ petition is an order of the Chancellor appointing the respondent no. 4 who was already functioning as a regular Vice Chancellor of Dr. A.P.J. Abdul Kalam Technical University, Lucknow, as officiating Vice Chancellor of the Harcourt Butler Technical University, Kanpur till regular arrangement is made or until further orders whichever is earlier under Section 12 (2) of the U.P. Harcourt Butler Technical University Act, 2016, in view of the appointment of the incumbent of the said post having been declared illegal by the High Court vide its judgment dated 27.04.2017 passed in Writ Petition No. 24494 of 2016. The said order contains a categorical recital that the officiating Vice Chancellor shall perform the day-to-day duties except those relating to appointments and Administrative Policy decisions.;