RAJIV LOCHAN MEHROTRA, J. - (1.) The petitioner has prayed for quashing the order dated 7.7.2000 passed by Executive Council of the University terminating his services and the orders dated 4.5.2002 and 6.7.2002 passed by the Chancellor under Section 68 of the U.P. State Universities Act, 1973 rejecting the representation and review application filed against said termination order.
(2.) The facts of the case in brief are that the petitioner was a Professor in Dr. Bheem Rao Ambedkar University, Agra in the Hindi Department. The petitioner was also entrusted with the duties of Director of Institute which comprises of various departments like Modern Indian Foreign Language, Hindi, Linguistic, Foreign Language, Oriental Language and each one of these departments has a separate Head of the Department concerned who is the overall in-charge of the respective department. The role of the petitioner was merely supervisory in nature.
(3.) In the year 1993, a viva-voce examination for award of German Certificate Course was held and the said examination was conducted by Professor P.C. Aneja as External Examiner and a guest Lecturer Smt. Renu Aggarwal as an Internal Examiner. Two candidates namely Akhtar Zama Khan and Mohd. Dargahi did not appear in time in the viva-voce examination and it appears that when the said examination was over, both these students had turned up and thereafter they approached the Head of the Department for holding their viva-voce. The Head of the Department recommended both these candidates to approach the Vice Chancellor and both these boys after contacting the Vice Chancellor returned back and informed the Head of the Department that oral permission has been accorded but the External Examiner is not willing to conduct the examination of only these candidates. As the internal examiner had already left, therefore, the external examiner insisted that in case viva-voce is to be held in regard to these two candidates, all the candidates have to face the viva-voce afresh. The Registrar of the University is the over all controller of the examination. The Vice Chancellor directed the petitioner through Registrar for holding of viva-voce examination again. The External Examiner agreed to conduct viva-voce of all the students again. As a result, the examination was re-conducted in the room of the Head of the Department. The list containing the marks awarded to the candidates was kept in a sealed cover and the same was submitted in the office of the petitioner and thereafter sent to the Confidential Section. ;