SANJAY HARKAULI, J. - (1.) This petition has been filed by a Professor of Babasaheb Bhimrao Ambedkar University, Lucknow contending that the occupancy of the office of Registrar by the respondent No.5 is unlawful, and therefore a writ of quo warranto should be issued ousting her from the office as her selection and appointment is contrary to the Statutes and Ordinances of the Babasaheb Bhimrao Ambedkar Univeristy Act, 1994.
(2.) The petitioner was working as a Deputy Registrar on a substantive post in the Banaras Hindu University. She applied for being appointed as a Registrar in the Babasaheb Bhimrao Ambedkar University and was accordingly selected and appointed on a tenure basis. The bone of contention is based on the allegation that the respondent No.5 who has been appointed as the Registrar was offered a tenure appointment, and not on deputation whereas after having been selected and offered an appointment, her engagement in the University was manipulated on deputation, as such the same being contrary to Rules, a writ of quo warranto be issued as she unlawfully continues to occupy the said office. It is also urged that it is not only the engagement on deputation that is unlawful, but it's continuance and extension under the impugned extension order of deputation by the Banaras Hindu University is contrary to law, hence the relief prayed for deserves to be granted.
(3.) There are certain undisputed facts, and therefore it would be appropriate to set-out the same before this Court proceeds to deal with the arguments advanced on the issues raised in this petition. The post of a Registrar is that of an Officer of the University as defined under Section 10 (5) of the 1994 Act. The same is extracted hereunder:- "10. The following shall be the officers of the University:- (1) the Chancellor; (2) the Vice-Chancellor; (3) the Pro-Vice-Chancellors; (4) the Deans of Schools; (5) the Registrar; (6) the Finance Officer; and (7) such other officers as may be declared by the Statutes to be officers of the University." ;