AVINASH SAMAL Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein calls in question the order Annexure P-1 dated 2-12-2014 whereby and whereunder, respondent No.4 Hon'ble Chancellor of Hidayatullah National Law University, Raipur (for short 'the HNLU') in exercise of his power conferred under Section 8(2) of the Hidayatullah National University of Law, Chhattisgarh, Act, 2003 read with Statute 19 of the Statutes contained in the Schedule to the said Act and in view of the amendment to the Statute of the University published on 25-11-2014, extended the tenure of respondent No.5 Prof. (Dr.) Sukh Pal Singh as ViceChancellor of the University for a further period of five years or until he attains the age of seventy years, whichever is earlier.

(2.) The aforesaid challenge has been made by the petitioner on the following factual backdrop: -

(3.) Mr. Amrito Das, learned counsel for the petitioner, opposing vehemently and replying the said submission made by learned counsel appearing on behalf of respondents No.2 and 4, would vociferously submit that the petitioner was admittedly the member of Executive Council on 6-9-2014 when the meeting was held for considering the agenda with regard to amendment in Statute 19(5) of the Statutes, the date on which the recommendation was made for extending the tenure of respondent No.5 as Vice-Chancellor. He would further submit that the said recommendation for extension of tenure of respondent No.5 was neither tabled for consideration nor such a resolution was passed and the service records of respondent No.5 were never placed before the Executive Council on the said date and being the member of the said Executive Council, the petitioner has a right to object to such an illegality which was being done arising from the recommendation made by the Executive Council in the meeting in which the petitioner participated. He would rely upon the decisions of the Supreme Court in the matters of Gadde Venkateswara Rao v. Government of Andhra Pradesh and others, 1966 AIR(SC) 828 Bar Council of Maharashtra v. M.V. Dhabolkar and others, 1975 2 SCC 702 and Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed and others, 1976 1 SCC 671 to buttress his submission.