VIMAL KUMAR LAHARI Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri R.N. Singh, Senior Advocate assisted by Shri G.K. Singh for the Petitioner. Learned Standing Counsel appears for the State Respondents. Shri Neeraj Tripathi appears for Chancellor of Mahatma Gandhi Kashi Vidyapeeth, Varanasi. Shri Ajit Kumar Singh appears for the University.

(2.) The Petitioner has prayed for setting aside the order dated 23/28th December, 2010 passed by the Chancellor, Mahatma Gandhi Kashi Vidyapeeth, Varanasi (the University) in so far as the Chancellor of the University has accepted the recommendations of the Executive Council of the University to cancel the Petitioner?s selection as Lecturer in Sociology in reserved category of Scheduled Caste by the Selection Committee on the ground that a vigilance enquiry into the conduct of the outgoing Vice Chancellor is pending and that there is possibility of delay in concluding the enquiry.

(3.) We are called upon to answer the question, as to whether the pendency of the vigilance enquiry, initiated by the State Government into various functions of Shri K.S. Kushwaha, the then Vice Chancellor of the University close to his retirement, would be a ground on which the Executive Council can disagree with the recommendations of the statutory selection committee and refer the matter to the Chancellor of the University under Section 31(8)(a) of the U.P. State Universities Act, 1973 (in short the Act).