- (1.) THESE two writ petitions have been filed by two lecturers of Sri Gandhi Post Graduate College, Maltali, Azamgarh claiming a right to function ' as Officiating Principal of the institution till regular selected candidate recommended by the U. P. Higher Education Services Commission joins the post. The claim set up in both the writ petitions is for the same post i. e. officiating principal. Both petitioners have challenged the same order of the Vice-Chancellor of Veer Bahadur Singh Purvanchal University, Jaunpur dated 8th September, 2007. THESE two writ petitions have, therefore, been tagged and are being decided by this etammon judgment.
(2.) HEARD Sri Ashok Khare, Senior Advocate, assisted by Sri V. D. Shukla, learned Counsel for Paras Nath Chaubey, Sri GK. Singh, Advocate, learned Counsel for Dr. Ghanshyam Singh, Sri P. S. Baghel, learned Counsel for Veer Bahadur Singh Purvanchal University, Jaunpur and learned Standing Counsel for State- respondents. Sri Gandhi Post Graduate College, Maltali, Azamgarh (hereinafter referred to as the 'college') is a degree college affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur (hereinafter referred to as the 'university' ). The permanent Principal of the College, Dr. Dwij Ram Yadav retired on 30th June, 2001. One Chandra Shekhar Ojha was handed over charge of the post of Principal on office ating basis between 1st July, 2001 to 30lh January, 2004. Thereafter Dr. Jagdish Prasad Pandey, senior most teacher, was appointed as officiating Principal. Dr. Jagdish Prasad Pandey attained the age of superannuation on 1st January, 2007. He was, however, continued as Principal of the institution, even after he attained the age of superannuation. Feeling aggrieved by the said continuation, Paras Nath Chaubey, present petitioner filed Civil Misc. Writ Petition No. 20190 of 2007 (Paras Nath Chaubey v. State of UP. and others), which was disposed of vide judgment and order dated 24th April, 2007, with a direction upon the Vice-Chancellor to consider the matter pertaining to the officiating appointment on the post of Principal of the college in a time bound manner. the Vice Chancellor of the University could take a decision in the matter, Dr. Jagdish Prasad Pandey at the end of the academic session i. e. 20th June, 2007, handed over the charge of the post of officiating Principal to Dr. Ghanshyam Singh on 1st July, 2007. According to Paras Nath Chaubey, Dr. Ghanshyam Singh is junior to him and therefore, not entitled to work as officiating Principal of the College in preference to Paras Nath Chaubey.
(3.) THE Vice-Chancellor of the University, by means of order dated 8th September, 2007, has held that Parash Nath Chaubey is entitled to function as officiating Principal of the College fora period of three months only. Despite the order of Vice-Chancellor, Dr. Ghanshyam Singh did not hand over the charge of the post of officiating Principal. This lead Paras Nath Chaubey to file Civil Misc. Writ Petition No. 59709 of 2007 for quashing the order of Vice-Chancellor dated 8lh September, 2007, insofar as it restricts his appointment (i. e. Paras Nath Chaubey), as officiating Principal of the College for a period of three months only and with a further relief that respondents may be directed to permit Paras Nath Chaubey to continue as Officiating Principal of the College till regularly selected candidate recommended by the U. P. Higher Education Services Commission joins the post.;