RAJENDRA Vs. THE CIVIL JUDGE, BULANDSHAHR AND OTHERS

JUDGEMENT

(1.) These are three petitions under Art. 226 of the Constitution which involve common questions of fact and law, as such we consider it proper to decide these petitions by a common order.

(2.) Amar Singh College, Lakhaoti, in district Bulandshahr is a Post-Graduate Degree College affiliated to the University of Meerut. The management of this college was taken over by the State Government under its order dated Aug. 3, 1944, and since then the District Magistrate, Bulandshahr, has been functioning as Administrator of the college. In Aug., 1977, a vacancy arose in the office of Principal on the retirement of permanent Principal. Dr. Harpal Singh, the senior most teacher of the college, was allowed to officiate as Principal pending selection of a permanent incumbent. In Jan., 1978, an advertisement was issued inviting applications for selection and appointment to the post of Principal. A number of persons including Dr. Harpal Singh, Dr. P. S. Malik and Sri Rajendra, applied for the post of Principal. A selection committee was constituted for the purpose of making selection of a suitable person. On July 20, 1978, one Kr. Brijendra Singh filed a suit in the court of the Civil Judge, Bulandshahr (No. 155 of 1978) against the Administrator (District Magistrate), Bulandshahr, for a decree for injunction restraining the holding of interviews and in the alternative restraining Sri Rajendra being called for interview. On an interim stay application, the Civil Judge, Bulandshahr, passed an interim injunction order restraining the holding of interview. On Aug. 22, 1978, the Civil Judge discharged the ex parte interim injunction order. Thereafter 2nd of Dec., 1978, was fixed for the interview but it was again postponed for 14th Dec., 1978. On Dec. 13, 1978, Kr. Brijendra Singh made another unsuccessful attempt be fore the Civil Judge in Suit No. 55 of 1978 to obtain interim injunction order. Ultimately, interviews were held on Dec. 14, 1978, and the Selection Committee submitted its recommendation to the Administrator. By his letter dated Dec. 21, 1978, the Administrator requested the Vice-Chancellor to approve the appointment of Dr. P. S. Malik on the post of Principal. The Vice-Chancellor by his order dated 26-12-1978 did not accept the request of the Administrator, instead he approved the appointment of Sri Rajendra as Principal of the College.

(3.) Kr. Brijendra Singh again made an application in Original Suit No. 155 oi 1978 before the Civil Judge, Bulandshahr, and obtained an injunction order on 1-1- 1979 restraining the Administrator of the College from taking any action to appoint Sri Rajendra as Principal of the College. Sri Rajendra got himself impleaded in the suit as a defendant. D. P. S. Malik also got himself impleaded as a defendant in the suit. In addition to that Dr. P. S. Malik and Dr. Harpal Singh filed separate representations to the Chancellor under Sec. 68 of the U. P. State Universities Act, 1973, challenging the order of the Vice-Chancellor approving the appointment of Sri Rajendra. The Chancellor by his order dated Oct. 19, 1979, rejected both the representations and upheld the appointment of Sri Rajendra. During the pendency of his representation before the Chancellor Dr. Harpal Singh filed a civil suit (No. 198 of 1979) in the court of the Civil Judge, Bulandshahr, for a declaration that constitution of the Selection Committee was void and that proceedings taken in pursuance of the recommendations made by the Selection Committee were also rendered void.