MAHAK SINGH RAJVIR SINGH Vs. CHANCELLOR CH CHARAN SINGH UNIVERSITY MEERUT:CHANCELLOR CH CHARAN SINGH UNIVERSITY

JUDGEMENT

(1.) These three appeals arise out of a common judgment rendered by a division bench of the High court of Judicature at Allahabad in different writ petitions moved by the common appellant Dr Mahak Singh in Civil Nos. 4613-4614 of 1996 and by one of the writ petitioners Dr Rajvir Singh, appellant in companion Civil No. 4616 of 1996. These appeals project a common controversy of a triangular nature amongst three contestant-teachers attached to Janata Vaidic (Postgraduate) College, Baraut in Uttar Pradesh which is a degree college affiliated to the Meerut University. The contestants are Dr Mahak Singh on the one hand who is the appellant in first two appeals and Respondent 3 in these appeals Dr S. P. Singh as well as Respondent 5 Dr Rajvir Singh in these two appeals who in his turn is the appellant in the companion Civil No. 4616 of 1996. All three of them claimed to be entitled to work as in-charge-Principal of the said Degree College on the ground that each one of them was the seniormost teacher. The High court in its common impugned judgment has taken the view that out of the three contestants, common Respondent 3 in these appeals, namely, Dr S. P. Singh is entitled to work as Acting Principal till a regular Principal is appointed in the college by following the due procedure of law. This conclusion to which the High court reached is on the basis that amongst the three contestants he is the seniormost. This is seriously brought in challenge by the common appellant in the first two appeals Dr Mahak Singh. His learned counsel Shri Prashant Bhushan submitted that Dr Mahak Singh is the seniormost lecturer and hence entitled to be considered for being appointed as Acting Principal while learned counsel for Respondent 5 submitted in support of his companion appeal that Dr Rajvir Singh is entitled to the said post. Learned counsel for common Respondent 3 on the other hand submitted that the High court has rightly taken the view that Respondent 3 is the most eligible candidate for the purpose.

(2.) In order to resolve this triangular controversy a few relevant facts leading to these proceedings are required to be noted at the outset. Earlier the college in which these three contestants were working as senior lecturers was affiliated to Agra University under the Agra University Act, 1926. The said college was, therefore, governed by the provisions of the said Act and the statute framed thereunder from the very beginning till 1/7/1965. The Kanpur and Meerut University Act was enforced with effect from 1/7/1965. As a result thereof the said college got affiliated to Meerut University. Since no statutes were framed the college continued to be governed by the statute of Agra University. Consequent upon the framing of the Statutes of Meerut University on 28/9/1968, the college was thereafter governed by the said statutes. The seniority of teachers of affiliated colleges was governed by Statute No. 11.34 of that University. U. P. State Universities Act, 1973 came into force with effect from 2/9/1973. Since no statutes were framed under the said Act, the Statutes of Meerut University continued to govern the service conditions of the teachers of affiliated colleges. First Statutes of the Meerut University were framed under the U. P. State Universities Act, 1973 which came into force from 1-5-1977. For the purpose of determining the seniority of teachers Ch. XVIII of these statutes became applicable with effect from 1/5/1977. It is not in dispute that the fate of these proceedings will be governed by the relevant provisions of these statutes to which we will make a detailed reference at an appropriate stage.

(3.) The service bio-data of the aforesaid three contestants run as under: