R.A. Siiarma, J. - (1.) Petitioner was a Lecturer in the Department of Medicines, Institute of Medical Sciences of Banaras Hindu University (here-in-after referred to as B. H. U.) The petitioner got an assignment as a Lecturer in the Department of Medicines in A1-Arab University, Benghazi, Libya in January, 1987 for a period of two years. The petitioner accordingly applied for leave. B. H. U., however, sanctioned extra ordinary leave to the petitioner for a period of one year with effect from 1-3-1987. Before the expiry of one year leave, petitioner again applied for earned leave for a period of four months, which it is alleged by the petitioner, was sanctioned and this leave was valid up to 30-6-1988. As the petitioner's assignment in Libya was for two years, this time he applied for half pay leave and earned leave for 150 days with effect from 1-7-1988. It appears this leave was not granted The petitioner thereafter moved several applications for leave but the leave was not granted by B. H. U. On 4-11-1988, the Assistant Registrar of B H. U. informed the petitioner that no leave is admissible to him beyond 5-3-1988 and further requested him to resume his duties in B H. U. immediately. The petitioner however, did not resume his duties in B. H. U. and continued to work in Libya. The University authorities sent a telegram and a registered letter dated 17-12-1988 directing the petitioner to resume his duties upto 31-12-1988 and in case he fails to do so, it will be presumed that he has abandoned his employment. This letter was received by the petitioner on 24-12-1988. Petitioner however, did not resume his duties in B. H. U. and consequently the University appointed Dr. Ravi Tandon in place of the petitioner. Dr. Tandon has also been confirmed on that post before filing this writ petition. When the petitioner came back to India, he requested the University to reconsider his case. Petitioner was informed by the letter dated 3-2-1989 that the Executive Council of B H. U. in its meeting held on 16/17-1-1989 has resolved that the services of the petitioner be deemed abandoned as his leave expired in March, 1988 and opportunity granted to him to rejoin, has not been availed. This decision of the Executive Council dated 3-2-1989 was received by the petitioner in the first week of February, 1989 itself. It is against this order/resolution of the Executive Council dated 3-2-1989 that the petitioner has filed this writ petition before this court in the month of November, 1989.
(2.) Notice of the writ petition was served on the learned counsel for B. H. U. and we have heard the learned counsel for the petitioner and B. H. U. at the admission stage. After hearing the learned counsel for the parties. We are of the opinion that this is not a fit case to interfere in exercise of our powers under Article 226 of the Constitution of India, as the petitioner has an efficacious alternative remedy before the Visitor, who is the President of India.
(3.) Section 5 (7) of the Banaras Hindu University Act (here-in-after referred to as the Act) empowers the Visitor to annul any proceeding of the University, which is not in conformity with the Act, the Statutes or the Ordinances. Section 5 (7) of the Act is quoted below : "5. (7) without prejudice to the foregoing provisions of this Section the Visitor may, by order in writing annul any proceeding of the University which is not in conformity with this Act, the Statutes oi the Ordinances." v;