PONDICHERRY UNIVERSITY ALL TEACHERS UNITED WELFARE ASSOCIATION, REP BY ITS CHAIRMAN P THILAKAN Vs. UNION OF INDIA, REP BY ITS SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner has come up with this Writ Petition seeking to declare the Notice No.PU/LC/U-4/124th EC/2016-17/85, dated 19.01.2017 issued by the 4th respondent/2nd respondent for convening the 124th meeting of the Executive Council of the 2nd respondent University, which is scheduled to be held on 09.02.2017 at 10 a.m. at the venue of the Council Hall of the 2nd respondent University and for a consequential direction to the 2nd respondent University and its officials to convene the Executive Council meeting and take decisions on policy matters and on issues relating to appointments, promotions, etc., only after the appointment of the regular Vice Chancellor.

(2.) According to the petitioner, their Association is a service Association registered under the Societies Registration Act. The issue pertaining to which the petitioner Association has filed this Writ Petition is that the regular Vice Chancellor Dr.Chandra Krishnamurthy preferred to go on leave from 14.08.2015 to 21.08.2015, as there was unrest and agitation in the University Campus, demanding her removal from the post of Vice Chancellor. In the meanwhile, the 3rd respondent was appointed as an Acting Vice Chancellor by the 2nd respondent University. While so, the 1st respondent, by a letter dated 21.08.2015 placed the regular Vice Chancellor, Dr. Chandra Krishnamurthy, on compulsory wait, since she refused to go on leave after 21.08.2015. By his letter dated 11.02.2016, the 1st respondent informed the 2nd respondent University that the 3rd respondent cannot continue as the Acting Vice Chancellor after 27.02.2016, consequent to the cessation of her Deanship.

(3.) Pursuant thereto, the 2nd respondent relieved the 3rd respondent from the post of Vice Chancellor on 27.02.2016 with immediate effect and appointed R.Prabakar Raya as the Acting Vice Chancellor, who is the next senior most Dean, as per the statute 1(A)7 from 28.02.2016 to 07.03.2016. It is the further case of the petitioner that the 3rd respondent, though being relieved from the post of Vice Chancellor (In-charge) took Vice Chancellor's Letter Pad with the help of some of his close Associates and created a back dated order dated 26.02.2016 which was actually drafted on 04.03.2016 for relieving Dr.J.Sampath from the post of Registrar (In-charge) from the A.N. of 26.02.2016 and appointed Dr.M.Ramachandran as Registrar (In-charge), the 4th respondent herein, to overcome her relieving order, so as to continue as Vice Chancellor (In-charge). Hence, this Writ Petition.