SPECIAL APPEAL NO 11 OF 1967 CONNECTED WITH S A NOS 7 8 AND 12 OF 1967 Vs. JAGDISH NARAIN PANDEY

JUDGEMENT

(1.) THE question for consideration in these four connected special appeals is whether a certain order passed by the Governor of Uttar Pradesh appointing an interim Vice-Chancellor for Sanskrit University, Varanasi is valid. There is not much dispute about the facts. The admitted facts are these.

(2.) THE State Government established at Varanasi a University for the study of the Sanskrit language by Varanaseya Sans- krit Vishva Vidyalaya Act, 1956 (U. P. Act No. XXVIII of 1956, hereafter referred to as the Act). The Act was amended by the Uttar Pradesh Universities Act, 1961 (U. P. Act no. XIII of 1961), The Governor, Uttar Pradesh is the Chancellor of the Sanskrit University. The Act empowers the Chancellor to appoint a Vice-chancellor for the University. Shri A.N. Jha, I. C. S. was the first Vice- Chancellor of the Sanskrit University. He was succeeded by Shri S. N. M. Tripathi as the Vice-Chancellor. His term of office was to expire on 10-12-1965. A Selection Committee submitted the names of Shri Katre and two others for appointment as the next Vice-Chancellor. Shri Katre declined the offer for appointment as the next Vice-Chancellor. On 9-12-1965 the Chancellor appointed Shri S. N. M. Tripathi as an interim Vice-Chancellor for a period of six months. On 9-6-1966 the Chancellor appointed Dr. Surendra Nath Shastri as an interim Vice- Chancellor. On 23-7-1966 the Selection Committee submitted three names to the Chancellor for appointment as the next Vice-chancellor. Those three names were (1) Dr. Gauri Nath Shastri, (2) Shri G. P. Bagchi and (3) Shri S. N. M. Tripathi The Chancellor appointed Dr. Gauri Nath Shastri as the next Vice- Chancellor. Dr. Gauri Nath Shastri sent a telegram declining the offer. The telegram was placed before the Chancellor on 2-12-1966. On 9-12-1966 the Chancellor appointed Dr. Surendra Nath Shastri as the interim Vice-Chancellor for a period of six months from 10-12-1966.

(3.) IN order to pronounce on the validity of the Chancellor's order, it is necessary to examine the relevant provisions of the Act, Section 9 of the Act enumerates eight officers of the University. They include Kulapati or the Chancellor and Upa-Kulapati or the Vice-Chancellor. Under section 10 of the Act, the Governor is the Chancellor of the University. Section 12 of the Act provides for the appointment of the Vice-Chancellor. Sub-section (4) of section 12 provides for the constitution of a Selection Committee. The Chancellor has to make appointment of Vice-Chancellor from amongst the persons, whose names have been submitted by the Selection Committee. Section 12 of the Act runs thus:-