K. C. Agarwal, J. - (1.) -Committee of Management, Atarra Post Graduate College, Atarra, District Banda, has filed this writ petition for quashing the order of the Vice Chancellor, Bundelkhand University, Jhansi dated 29th June, 1987.
(2.) THE facts briefly are these. At Atarra, district Banda, there is a Post Graduate College run in the name of Atarra Post Graduate College. It is affiliated with the Bundelkhand University, Jhansi. On the recommendation of the Higher Education Service Commission, Dr. Vishan Lal Gaur, respondent no. 2, was appointed on probation as Principal of the College for a period of one year. He joined on 1-11-1984. On evaluation, the Committee found that his work was not satisfactory and, as such, passed a resolution dated 6-10-1985 extending the probationary period by a further period of one year. On 11-10-1986, a decision was taken by the Committee of Management for initiating proceedings for the termination of the service of Dr. Vishan Lal Gaur. In accordance with the resolution, Dr. Vishan Lal Gaur was called upon by the committee for giving his explanation in terms of section 31 (3) of the U. P. State Universities Act, 1973. THE relevant portion of the aforesaid provision is quoted below : " Provided further that no such order of termination shall be passed except after notice to the teacher concerned giving him an opportunity of explanation in respect of the grounds on which his services are proposed to be terminated. " According to the Committee of Management a meeting was convened for 20th October, 1986, for considering the proposal for termination. In the meeting held on the aforesaid date, the Committee passed a resolution terminating respondent no. 2. Dr. Vishan Lal Gaur was intimated about the aforesaid decision of the Committee of Management by means of a notice dated 20-10-86 whereby he was also informed that the papers had been forwarded to the Vice-Chancellor for obtaining his approval and that the decision of the Committee terminating his service would become effective after the receipt of approval. Dr. Vishan Lal Gaur, respondent no. 2 filed his representation dt. 13-11-1986 to the Vice Chancellor. The aforesaid decision of the Committee of Management along with other papers were sent to the Vice-Chancellor, Bundelkhand University, Jhansi for his approval. The Vice-Chancellor after considering the papers and the representation of Dr. Vishan Lal Gaur, respondent no. 2, accorded approval on 7-12- 1986 to the termination. Before granting approval, the Vice Chancellor personally heard the representative of the Committee of Management as well as respondent no. 2, and passed the following order : * * * *
(3.) DR. Vishan Lal Gaur filed writ no. 20977 of 1986 in this court. The writ petition was rejected on the ground of availability of alternative remedy to respondent of approaching the Chancellor under section 68 of the U. P. State Universities Act. After the dismissal of the writ petition, respondent no. 2 filed a reference application before the Chancellor, Bundelkhand University on 15-2-1987, intimation of which was received by the petitioner Committee of Management, by means of notice dated 15-5-1987. The committee sent a reply to the Chancellor on 11-6-1987. In the meantime, Bundelkhand University Teachers' Association filed an application for recalling the order giving approval to the termination of respondent no. 2. Through the letter dated 15-5-87, the Committee of Management was informed by the Vice Chancellor that he had constituted a Committee of three persons consisting of (1) Deputy Director of Education; (2) a nominee of the Bundelkhand University Teachers' Association and (3) representative of the Committee of Management. The Committee of Management protested against the enquiry of the case being conducted by the Vice Chancellor when approval by him under section 35 (2) of the State Universities Act had already been given. On 29-6-1987, the Vice Chancellor recalled the order according approval dated 7-12-86 on the finding that no meeting of the Committee of Management took place on 11-10-86 and holding its meeting on 20th October, 1986 was suspicious. It may be recalled that it was in the latter meeting that the decision for termination of Dr. Vishan Lal Gaur had been taken. The Vice Chancellor recalled the earlier order by relying on the report of the Enquiry Committee appointed by him.;