Oak, C.J. - (1.) THE question for consideration in these four connected special appeals is whether a certain order passed by the Governor of Uttar Pradesh appointing an interim Vice-Chancellor for Sanskrit University, Varanasi is valid. There is not much dispute about the facts. The admitted facts are these.
(2.) THE State Government established at Varanasi a University for the study of the Sanskrit language by Varanaseya Sans- krit Vishva Vidyalaya Act, 1956 (U. P. Act No. XXVIII of 1956, hereafter referred to as the Act). The Act was amended by the Uttar Pradesh Universities Act, 1961 (U. P. Act no. XIII of 1961), The Governor, Uttar Pradesh is the Chancellor of the Sanskrit University. The Act empowers the Chancellor to appoint a Vice-chancellor for the University. Shri A.N. Jha, I. C. S. was the first Vice- Chancellor of the Sanskrit University. He was succeeded by Shri S. N. M. Tripathi as the Vice-Chancellor. His term of office was to expire on 10-12-1965. A Selection Committee submitted the names of Shri Katre and two others for appointment as the next Vice-Chancellor. Shri Katre declined the offer for appointment as the next Vice-Chancellor. On 9-12-1965 the Chancellor appointed Shri S. N. M. Tripathi as an interim Vice-Chancellor for a period of six months. On 9-6-1966 the Chancellor appointed Dr. Surendra Nath Shastri as an interim Vice- Chancellor. On 23-7-1966 the Selection Committee submitted three names to the Chancellor for appointment as the next Vice-chancellor. Those three names were (1) Dr. Gauri Nath Shastri, (2) Shri G. P. Bagchi and (3) Shri S. N. M. Tripathi The Chancellor appointed Dr. Gauri Nath Shastri as the next Vice- Chancellor. Dr. Gauri Nath Shastri sent a telegram declining the offer. The telegram was placed before the Chancellor on 2-12-1966. On 9-12-1966 the Chancellor appointed Dr. Surendra Nath Shastri as the interim Vice-Chancellor for a period of six months from 10-12-1966. Shri Jagdish Narain Pandey and Shri Prabhat Shastri are two members of the Senate of the Sanskrit University. The two members of the Senate filed in this Court two separate writ petitions challenging the Chancellor's order dated 0-12-1966. The two connected writ petitions were allowed by a learned Single Judge of this Court on 20-2-1967. He quashed the Chancellor's order dated 9-12-1966, and directed Dr. Surendra Nath Shastri to hand over charge of the office of Vice-Chancellor to the Registrar of the University. The four connected special appeals are directed against the order, dated 20-2-1967 (sic) passed by the learned Single Judge allowing the two writ petitions. Special Appeals Nos. 7 and 8 of 1967 are by Dr. Surendra Nath Shastri. Special Appeals Nos. 11 and 12 of 1967 are by the Chancellor of the Sanskrit University and the Secretary to Government, U. P, in the Education Department. Mr. Jagdish Swarup appearing for Dr. Surendra Nath Shastri did not press Special Appeals Nos. 7 and 8 of 1967 on the ground that the period of six months mentioned in the Chancellor's order dated 9-12-1966 has already expired. We heard Mr. M.N. Shukla, the learned Junior Standing Counsel for the appellants in Special Appeals Nos. 11 and 12 of 1967, and Mr. S.C. Khare for the petitioners-respondents. The question for consideration is whether the Chancellor's order dated 9-12-1966, appointing Dr. Surendra Nath Shastri as the interim Vice-Chancellor is valid. That order ran thus:-- "Whereas the period of tenure of Dr. Surendra Nath Shastri, Vice-Chancellor, Varanaseya Sanskrit Vishva Vidyalaya, Varanasi, expires today, the 9th December, 1966, I Biswanath Das, Chancellor, Varanaseya Sanskrit Vishva Viydyalaya, hereby order under Section 12 (6) of Varanaseya Sanskrit Vishva Vidyalaya Act, 1956 that subject to the appointment of a Vice-Chancellor under section 12(4) Dr. Surendra Nath Shastri is appointed Vice-Chancellor of Varanaseya Sanskrit Vishva Vidyalaya for a period of six months from December 10, 1966 or such earlier period that appointment of a Vice-Chancellor of the Vishva Vidyalaya under section 12(4) is made ".
(3.) IN order to pronounce on the validity of the Chancellor's order, it is necessary to examine the relevant provisions of the Act, Section 9 of the Act enumerates eight officers of the University. They include Kulapati or the Chancellor and Upa-Kulapati or the Vice-Chancellor. Under section 10 of the Act, the Governor is the Chancellor of the University. Section 12 of the Act provides for the appointment of the Vice-Chancellor. Sub-section (4) of section 12 provides for the constitution of a Selection Committee. The Chancellor has to make appointment of Vice-Chancellor from amongst the persons, whose names have been submitted by the Selection Committee. Section 12 of the Act runs thus:- "12. The Upa-Kulapati. --(1) The Upa-Kulapati shall be a whole-time officer of the Vishva Vidyalaya and shall be appointed by the Kulapati from amongst the persons whose names are submitted to him by the Committee constituted in accordance with the provisions of Sub-section (4). (2) The Upa-Kulapati shall, except as otherwise provided, hold office for a period, of three years but may relinquish office by resignation in writing addressed to the Kulapati. The resignation shall ordinarily be delivered to the Kulapati sixty days prior to the date on which the Upa-Kulapati wishes to be relieved. (3) Subject to the provisions of Sub-section (2), the emoluments and other conditions of service of the Upa-Kulapati shall be such as are, or may be, prescribed by Statutes. (4)(i) The Committee referred to in Sub-section (1) shall consist of three persons, namely- one person, not being a person who is connected with the Vishva Vidyalaya, an Affiliated College or a Hostel to be elected by the Karya Karni Parishad; another person, who is or has been a Judge of the High Court of Judicature at Allahabad, to be nominated by the Chief Justice of that High Court; and a third person, to be appointed by the Kulapati, who shall also be the Convenor of the Committee. (ii) The Committee shall, as far as may be at least thirty days before the date on which a vacancy in the office of the Upa-Kulapati is due to occur by reason of expiry of term or resignation under Sub-section (2), and also whenever so required by the Kulapati, submit to the Kulapati the names of three persons suitable to hold the office of Upa-Kulapati. The Committee shall, while submitting the names, also forward to the Kulapati a concise statement showing the academic qualifications and other distinctions of each of the said three persons, but shall not indicate any order of preference. (5) where a vacancy in the office of the Upa-Kulapati occurs or is likely to occur by reason of leave, or any cause, other than resignation or expiry of term, the Prastota shall report the fact forthwith to the Kulapati, who shall - in case the vacancy is or is likely to last for a period exceeding six months take steps for the appointment of the Upa-Kulapati in accordance with the provisions of Sub-sections (1) and (4); in case the vacancy is for a period of six months or less, appoint any suitable person to the office of Upa- Kulapati. (6) Notwithstanding anything to the contrary contained in this section, the Kulapati may, in any case of emergency of which the Kulapati shall be the sole judge, and in any case where the vacancy cannot be conveniently and expeditiously filled in accordance with the provisions of Sub-sections (1) and (4), appoint any suitable person to the office of Upa-Kulapati: Provided that no appointment under this sub-section shall be made for a period of more than six months: Provided further that the appointment so made shall determine on appointment of the Upa-Kulapati in accordance with the provisions of Sub-sections (1) and (4). Explanation -- A vacancy in the office of Upa-Kulapati caused under Section 8 of the U, P. Universities Act, 1961 (U. P. Act of 1961), shall be deemed to be an emergency for the purposes of this section. (7) Where an appointment is made under Sub-section (6), the Kulapati shall, as soon as may be, take steps for the appointment of an Upa-Kulapati in accordance with the provisions of Sub-sections (1) and (4). (8) Till such time as an appointment is made by the Kulapati under Sub-section (5) or Sub-section (6) the Prastota shall carry on the current duties of the Upa-Kulapati, but he shall not preside at any meeting of the Vishwa Vidyaiaya Authorities." ;