DR. HET RAM KALLA Vs. HIMACHAL PRADESH UNIVERSITY ETC.

JUDGEMENT

(1.) These two writ petitions are the out -come of the entanglement of the University, the temple of learning in Himachal Pradesh, in petty power politics after the departure of its first Vice -Chancellor, Dr. R.K. Singh, on leave preparatory to retirement as from 3 -9 -1975. The Petitioners of both these matters pray for a writ of quo warranto challenging the appointment of Respondent Dr. B.S. Jogi as the Vice -Chancellor of the University as from 9 -1 -1976. They have also prayed for consequential reliefs including one for an appropriate writ directing the Chancellor of the University to appoint some other person as Vice -Chancellor in place of said Dr. Jogi in accordance with the provisions of law.

(2.) C.W.P. No. 235 of 1976 is presented on 29 -3 -1976 by one Dr. Kalia who was, at the relevant time, working as the Dean of College of Agriculture and Associate Dean of Agricultural Complex Himachal Pradesh University at Palampur. This writ was heard on 26 -8 -1976 by a Division Bench of this Court constituted by the Hon'ble the Chief Justice and Thakur, J., and the judgment was reserved. On 15 -9 -1976 the matter was fixed again for hearing the learned Advocates of the parties on some relevant judgment which subsequently came to the notice of the Court and the parties. Accordingly further arguments were heard in the matter on 29 -9 -1976 and the judgment was thereafter reserved.

(3.) In the meanwhile, that is, on 24 -8 -1976, the Petitioner of C.W.P. No. 405 of 1976, one Dr. Pandey, filed a similar writ challenging the appointment of Dr. Jogi as Vice -Chancellor of the University on similar grounds, and also challenging the action of the Executive Council of the University instituting a departmental inquiry as regards some allegations levelled against him, and in suspending him from service pending that inquiry. When this writ petition of Dr. Pandey came up for admission on 25 -8 -1976 before a Division Bench constituted by the Hon'ble the Chief Justice and Thakur J., the latter declined to hear the same for certain reasons with the result that it was ordered to be heard by a Bench of which he was not a member. Since Thakur, J. declined to hear this writ petition of Dr. Pandey, he also declined to participate in the decision of C.W.P. No. 235 of 1976, which is Dr. Kalia's writ petition, and which was reserved as per proceedings dated 29 -9 -1976. The result was that Dr. Kalia's writ was fixed for rehearing before another Division Bench constituted by the Hon'ble the Chief Justice and myself. That hearing was to commence on 22 -11 -1976. But before that date the Hon'ble the Chief Justice felt that he would not like to hear any of these two writ petitions "in view of certain facts and circumstances which have since come to light". Both the writs were accordingly listed for hearing before me, sitting as a Single Judge on due date of hearing. This is how both the matters have come up before me for hearing and disposal.