DEVI PRASAD SINGH,J - (1.) HEARD Sri K. D. Nag, learned Counsel for the petitioner, Sri Rajan Roy, learned Counsel for the respondent No. 4, Sri S. P. Singh for the respondent University, Sri Som Kartik and the learned standing Counsel.
(2.) SHORT question involved in the present writ petition is, whether appointment on the post of Principal can be made without having prior approval from the Vice-Chancellor in terms of the provisions contained in Section 31(11) of the Uttar Pradesh State Universities Act, 1973 (in short, the Act). In brief, respondent No. 4 Rajendra Prasad Pandey was selected and appointed on the post of Principal of the Institution namely, Sri Shanker Sanskrit Vidyalay Gandhi Nagar BT, Faizabad, by the order dated 13-3-1983. The appointment of the respondent No. 4 has been impugned on various grounds that the appointment letter was issued and the private respondent resumed duty without prior approval of the Vice-Chancellor. Learned Counsel for the petitioner submits that the selection committee has not acted fairly and in accordance with Rules and letter of appointment was issued without approval of Vice-Chancellor. On the other hand, learned Counsel for the respondent Sri Rajan Roy, submits that under First Statutes of the University namely, 11.24, all selection as existed prior to 1985, selection made by the committee of management shall be subject to approval of Vice-Chancellor and accordingly, the letter of appointment should have been issued. However, it has not been disputed that under Section 31(1) of the Act, it has been provided that no teacher shall be appointed unless prior approval of the Vice-Chancellor, is obtained. For convenience, Section 31(11) of the Act is reproduced as under : "(11) (a) No teacher recommended by the Selection Committee shall be appointed by the Management of an affiliated or associated college (other than a college maintained exclusively by the State Government) unless prior approval of the Vice-Chancellor has been obtained. (b) The management shall, as soon as possible, after the meeting of the Selection Committee, submit the recommendations of the Committee, along with other relevant documents to the Vice-Chancellor for approval. (c) The Vice-Chancellor, if he is satisfied that the candidate recommended by the Selection Committee does not possess the minimum qualification or experience prescribed, or that the procedure laid down in the Act for the selection of the teacher has not been followed, shall convey to the Management his disapproval: Provided that if the Vice-Chancellor does not convey his disapproval within a period of one month from the date of receipt of the documents referred to in clause (b), or does not send to the Management any intimation in connection therewith, he shall be deemed to have approved of the proposal."
(3.) IT is settled law that statutory provisions contained in the Act or statutes, cannot be modified, circumvented or diluted by subordinate legislation. Whether it is statutory provision in the form of Regulations or Rules, the statutes of the University, have to be framed within the four corner of the Act. Any statute framed in derogation of the Act, shall be nullity in law. In view of the above, it was incumbent on the committee of management before issuing appointment with regard to selection and appointment of respondent No. 4 to obtain prior approval of the Vice-Chancellor of the University.;