AVINASH SAMAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this writ appeal is to the order dated 29.4.2016 passed by the learned single Judge in W.P(S) No.3714/2015 whereby the writ petition filed by the appellant herein was dismissed. The relief(s) sought in the petition at Para 10 are as follows:

(2.) Learned counsel for the appellant would submit that the primary challenge is to the extension of tenure of respondent no.5 Prof. (Dr.) Sukhpal Singh, Vice Chancellor of Hidayatullah National University of Law. It is contended that the extension of period of tenure for second time was on the basis of letter dated 02nd December 2014 issued by the Hon'ble Chancellor of Hidayatullah National University of Law (for short "HNUL"), Chhattisgarh as incomplete and wrong facts were furnished by the University at the behest of Vicechancellor itself.

(3.) The brief facts of the case as pleaded in writ petition bearing WP(S) No.3714 of 2015 are that the order dated 02.12.2014 has extended the tenure of Respondent no.5 in exercise of the power u/s 8(2) of the Hidayatullah National University of Law Chhattisgarh Act, 2003 read with statute 19 contained in the schedule to the said Act (hereinafter referred to as the "Act of 2003"). By the effect of such order dated 2nd December, 2014, the existing tenure of respondent No.5 Prof. (Dr.) Sukhpal Singh, Vice Chancellor of the University, was extended beyond his initial tenure for a further period of 5 years or until he attains the age of 70 years, whichever is earlier. It is the case of the petitioner/appellant that the National University of Law in the State of Chhattisgarh was established with an object to advance learning, teaching, research and diffusion of knowledge in the field of law and allied sciences and also cater to the needs of society for developing professional skills and to train lawyers of national and international repute, train persons who are intending to take up advocacy, judicial service, law officers/managers and legislative draftsman as their profession. It was stated that the said Act was incorporated with a solemn purpose for educating students and training them in the field of law thereby serving the society and at the same time preparing better qualitative professionals. It was stated that the University was established in May, 2003 which delivered outstanding result until respondent No.5 Dr. Sukhpal Singh has assumed the charge of Vice Chancellor (for short 'VC').