DR. CHHAYA SHUKLA Vs. VICE CHANCELLOR

JUDGEMENT

(1.) The petitioner has invoked the extra-ordinary jurisdiction of this Court, under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the decision dated 13.09.2013 taken by the Board of Management through the Vice Chancellor and the Finance Controller, as arbitrary and illegal.

(2.) The petitioner was appointed as a Member of the Uttarakhand Public Service Commission on 27.08.2013 under Article 316 of the Constitution of India. The petitioner was informed by the Chief Personnel Officer of the University, vide proceedings dated 06.12.2018, that, since the Board of Management had, in its meeting held on 12.09.2013, sanctioned the petitioner extra-ordinary leave only for a period of 5 years, which expired on 12.09.2018, she ought to have joined the University soon thereafter; and her failure to do so by 21.12.2018, would result in action being taken against her in accordance with law. The petitioner invoked the jurisdiction of this Court, by way of Writ Petition (S/B) No. 666 of 2018, seeking to have the said order quashed.

(3.) We had, in our order in Writ Petition (S/B) No. 666 of 2018 dated 21.12.2018, observed that the petitioner had not questioned the decision of the Board of Management of the University, in its meetings dated 12.09.2013 and 30.03.2018, not to grant her extra-ordinary leave beyond five years; as it was the Board of Management, which was the governing body of the University, indulgence shown by the Vice-Chancellor of the University, in granting the petitioner one month's extension, vide proceedings dated 31.08.2018, would not justify the petitioner's claim that the said period of one month should be extended by one year; and the communication by the Chief Personnel Officer, vide proceedings dated 06.12.2018, was in implementation of the decision taken by the Board of Management of the University in its meetings held on 12.09.2013 and 13.03.2018. On finding no error in the impugned order dated 06.12.2018 passed by the University, the writ petition was dismissed.