Pramath Patnaik, J. - (1.) In this writ application, prayer has been made for quashing of the notice dated 29.11.2015 issued by respondent no.3 whereby the petitioner has been directed to appear before the respondent no.2 in pursuance to order dated 29.10.2015 passed in W.P.(S) No.4487 of 2015 and for quashing the notification dated 01.12.2015 issued by respondent no.3 in terms of direction issued by respondent no.2 whereby the respondent no.5 has been appointed as Principal of Bhadrakali College till further orders and further prayer has been made for quashing of the notification dated 14.12.2015 issued by respondent no.3 as per the order of respondent no.2 whereby respondent no.6 has been authorized to act as secretary of the Bhadrakali College, Itkhori and also prayer has been made for direction to the respondents restraining respondent no.3 to interfere with the smooth functioning of the Principal.
(2.) The brief facts as averred in the writ application is that the petitioner was initially appointed on the post of Lecturer on 03.09.2004 and the petitioner was appointed as Principal by the Governing Body of the said College after due process of selection as per Rules and Provisions of the Jharkhand State University Act, 2000 vide letter dated 16.07.2006 as per Annexure-2 to the writ petition. The respondent-University constituted Adhoc Committee of the petitioner's college vide notification dated 22.08.2006. The respondent no.2 constituted the Governing Body of the petitioner's College by notification dated 29.04.2009 and the petitioner was made Ex-Officio Member of the said Governing Body and Mr. Kumar Yashwant Narayan Singh the donor of the said College was declared member of the said Governing Body and the said Governing Body was constituted for three years as per the statute vide Annexure-4 to the writ petition. After issuance of permanent affiliation of the College, the respondent no.1 has granted funds as an aided College in the year 2013 and thereafter, the respondent no.1 has been continuously granting funds to the petitioner's college. Prior to grant of fund basing on the complaint, inquiry committee was constituted by the respondent no.2 and the said inquiry committee submitted a report against the petitioner and the tenure of the Governing Body of College expired in the year 2012. Thereafter, the respondent no.2 reconstituted the Governing Body by notification dated 02.04.2013 for a period of 3 years as per statute upto March, 2016 vide Annexure-6 to the writ petition. Basing on the inquiry report, the respondent no.2 issued show cause to the Secretary of the Governing Body of the Bhadrakali College and the petitioner vide letter dated 29.05.2013. The Governing Body have called a meeting on 27.02.2014 for constituting of a Management Committee as per Section 60 of the Jharkhand State University Act and Statutes and the petitioner has been working as Principal-cum-Ex-Officio Member of the Governing body of the Bhadrakali College, Itkhori. Vide notification dated 09.02.2015 issued by respondent no.3 as per the order of respondent no.2 whereby the Adhoc committee has been constituted by the respondent no.2 without dissolution of the earlier Governing Body of the petitioner's College. After issuance of show cause notice dated 27.07.2015, the secretary of the Adhoc Committee appointed Dr. Surendar Kumar in place of petitioner vide office order dated 28.07.2015 and the said order was challenged by the petitioner in W.P.(S) No.4487 of 2015 and the writ petition was disposed of vide order dated 29.10.2015 with certain directions to the respondents. In pursuance to the aforesaid order passed by this Court in W.P.(S) No.4487 of 2015, the Governing Body of the petitioner's College called meeting on 19.11.2015 and the petitioner communicated the decision of the Governing Body to the respondent no.2 vide letter dated 24.11.2015 for approval of the meeting and further direction to the Governing Body and on 29.11.2015, the respondent no.3 issued notice to the petitioner with the aforesaid order for appearance before respondent no.2 vide Annexure-11 to the writ petition and the respondent nos.2 and 3 appointed the respondent no.5 as Principal of College vide notification dated 01.12.2015. Thereafter, respondent nos.2 and 3 issued another notification dated 14.12.2015 and Dr. K. K. Sinha has been authorized as Secretary of the Petitioner's College vide Annexure nos.12 (dated 01.12.2015) and 13 (dated 14.12.2015) to the writ petition. Since, the salary of the petitioner was stopped without any rhyme and reason, the petitioner submitted a representation dated 22.12.2015 before the respondents for release of salary vide Annexure-14 to the writ petition. Being aggrieved by the aforesaid order vide Annexure nos.11, 12 and 13 to the writ petition, the petitioner has invoked the extra ordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances. During pendency of the instant writ application, since Dr. Surendar Kumar has been appointed as Principal Incharge of the petitioner's College, I.A. No.5511 of 2016 has been preferred by the petitioner for quashing the letter dated 11.08.2016 and the said interlocutory applications two annexures i.e. letter dated 28.07.2016 inquiry report which has been submitted by Sub Divisional Magistrate-cumNominated Secretary of Bhadrakali College to the University and no allegation against the petitioner has been found by the Adhoc Committee/nominated Secretary of the Adhoc Committee and another letter dated 11.08.2016 which has been issued by the respondent-University whereby Surendar Kumar has been appointed as Principal In-charge and Manish Kumar as a member of donor.
(3.) Learned senior counsel for the petitioner has streneously urged that the respondent nos.2 and 3 are bereft of any authority to appoint Principal of the Bhadrakali College vide notification dated 01.12.2015 without any consent of the Governing Body of the College. Since, the Governing Body has appointed the petitioner as Principal of the College as per the statute of Jharkhand State University Act, the Governing Body has a power to issue show cause notice/termination order to the petitioner. Therefore, the notification dated 01.12.2015 issued by respondent nos.2 and 3 being illegal, arbitrary is devoid of jurisdiction. Learned senior counsel for the petitioner further submits that the appointment of the petitioner as Principal by the Governing Body of the College in the year 2006 has been made as per the provisions of the act and statute which has been approved by the University as per the provisions of Section 59(2) of the University Act, 1976. Learned senior counsel further submits that as per the provisions of Section 59 of the University Act, the Governing Body of the affiliated College is free/empowered to take action against the Principal, Teachers and Staff of the College which has to be approved by the University under the said provisions. Therefore, the action of the respondent no.2 in view of letter dated 29.11.2015 is in teeth of the aforesaid provisions under the University Act. Learned senior counsel further submits that the appointment of respondent no.5 by respondent nos.2 and 3 vide notification dated 01.12.2015 in place of petitioner without issuance of any notice to petitioner is illegal in view of clause 5 of the statute and Section 59(2) of the University Act. Learned senior counsel further submits that the respondent nos.2 and 3 has appointed the respondent no.6 as Secretary of the petitioner's College without dissolving the existing Governing Body under the provision of clause 28 of the Statutes is also illegal due to want of jurisdiction. To butress his submissions, learned counsel for the petitioner has referred to judgment in the case of Oryx Fisheries Private Limited Vs. Union of India And Others, 2010 13 SCC 427 and the case of Gorkha Security Services Vs. Government (NCT OF DELHI) And Others, 2014 9 SCC 105 at para nos.21, 26 and 27.;