V. N. Khare, J. - (1.) BY means of this petition under Article 226 of the Constitution the petitioner has come up before this Court against the order dated 11th March 1989 passed by the Vice Chancellor intimating the constitution of the Executive Council of Purvanchal University, Jaunpur.
(2.) THERE is a Degree College known as "Raja Harpal Singh Degree College, Singramau, District Jaunpur, (hereinafter referred to as the 'College'). The college is affiliated to the Purvanchal University, Jaunpur established and constituted under the U. P. State Universities Act (hereinafter referred to as the 'Act') The college imparts education upto degree classes and the petitioner is the Principal of the College. Section 20 of the Act provides for constitution of the Executive Council of the University. Clause (d) (ii) of sub-section (1) of the Section 20 of the Act provides that the three Principals and two other teachers of affiliated colleges, shall be selected as members of the executive council in the manner prescribed. By the impugned order the Vice Chancellor selected certain Principals of the post-graduate college, affiliated to the University, as Members of the Executive Council for the University. Since the petitioner was not selected as Member, he has approached this Court by means of this writ petition. We have heard learned counsel for the petitioner and Sri D. P. Singh, learned counsel for the respondents. Since counter and rejoinder affidavits have been exchanged, we propose to decide the writ petition finally at the admission stage.
(3.) THE case of the petitioner is that he is a seniormost Principal of the college affiliated to the University and as such is entitled to be selected as Member of the Executive Council of the University and the list of members of the Executive Council to the extent it shows that category falling under clause (d) (iii) of sub-section (1) of Section 20 of the Act, circulated by the Registrar of the University, be quashed. Whereas the case of the respondents is that the petitioner is not a seniormost principal of the post-graduate college and in fact the Principals of the post-graduate colleges under the Statutes are treated to be senior to the Principal of the degree colleges and thus the petitioner is not entitled to be selected as Member of the Executive Council of the University. Learned counsel for the petitioner argued that under the Statute the selection of Principal of the college as Member of the Executive Council has to be done on the basis of seniorty alone and in support of his argument referred to Statute 3.03 of the First Statutes of the Gorakhpur University which, according to the parties, is also applicable to the Purvanchal University.;