M.Katju, J. - (1.) By means of this writ petition, the petitioners are challenging the appointment of respondent No. 3 Dr. Krlpa Shankar Mishra as Vice Chancellor, Mahatma Jyotiba Phule Rohilkhand University. Barellly vide appointment order dated 9.3.99 (Annexure 5 to the writ petition).
(2.) The petitioners are associated with the aforesaid University, as stated in paragraph 3 of the writ petition. The tenure of the former Vice Chancellor expired on 24.7.98 and one Dr. Beena Shah who was Pro-Vice Chancellor took over the charge on 24.7.98 in an officiating capacity. Regarding selection for the post of Vice Chancellor, the procedure is prescribed in Section 12 of the U. P. State Universities Act. The relevant provisions in Section 12 of the Act state as follows : "12. The Vice Chancellor.--(1) The Vice-Chancellor shall be a whole-time salaried officer of the University and shall be appointed by the Chancellor except as provided by sub-section (5) or subsection (10) from amongst the persons whose names are submitted to him by the Committee constituted in accordance with the provisions of sub-section (2). (2) The Committee referred to in sub-section (1) shall consist of the following members, namely : (a) one person (not being a person connected with the University, an Institute, a constituent college, an associated or affiliated college or a hall or Hostel) to be elected by the Executive Council atleast three months before the date on which a vacancy in the office of the Vice Chancellor is due to occur by reason of expiry of his term. (b) one person who is or has been a Judge of the High Court of Judicature at Allahabad including the Chief Justice thereof, nominated by the said Chief Justice : and (c) one person to be nominated by the 'Chancellor who shall also be the convenor of the Committee : Provided that where the Executive Council fails to elect any person in accordance with clause (a), then the Chancellor shall nominate in addition to the person nominated by him under clause (c) one person in lieu of the representative of the Executive Council. (3) The Committee shall, as far as may be, at least sixty days before the date on which a vacancy in the office of the Vice-Chancellor is due to occur by reason of expiry of term or resignation under subsection (7), and also whenever so required and before such date as may be specified by the Chancellor, submit to the Chancellor the names of not less than three and not more than five persons suitable to hold the office of the Vice-Chancellor. The Committee shall, while submitting the names, also forward to the Chancellor a concise statement showing the academic qualifications and other distinctions of each of the persons so recommended, but shall not indicate any order of preference. (4) Where the Chancellor does not consider any one or more of persons recommended by the Committee to be suitable for appointment as Vice-Chancellor or if one or more of the persons recommended is or are not available for appointment and the choice of the Chancellor is restricted to less than three persons, he may require the Committee to submit a list of fresh names in accordance with subsection (3). (5) If the Committee in the case referred to in sub-section (3) or subsection (4) fails or is unable to suggest any names within the time specified by the Chancellor, or if the Chancellor does not consider any one or more of the fresh names recommended by the Committee to be suitable for appointment as Vice-Chancellor, another Committee consisting of three persons of academic eminence shall be constituted by the Chancellor which shall submit the names in accordance with subsection (3). (6) No act or proceeding of the Committee shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so."
(3.) A perusal of Section 12 (2) of the Act, which has been quoted above, shows that the Committee for selection of the Vice Chancellor has to consist of three persons, one person elected by the Executive Council, one person who is or has been a Judge of the High Court nominated by the Chief Justice, and one person nominated by the Chancellor. In the present case, the Executive Council of the University elected Prof. S. Rame Gowda, Chairman, All India Council for Technical Education. New Delhi, as its nominee, and a letter to this effect dated 6.6.98 was addressed to the Chancellor. True copy of the same is Annexure-1 to the writ petition. The second member of the Committee was Hon'ble Mr. Justice A. N. Gupta who was nominated by the Chief Justice, and the third person was Sri G. B. Patnaik. Secretary to the Chancellor who was nominated by the Chancellor. Alt members were communicated about this by letter dated 3.9.98 as stated in paragraph 9 of the writ petition.;