MEENA MUKERJI Vs. CHANCELLOR ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) THIS writ petition relates to a matter requiring the inter pretation of the Allahabad University Act and the Statutes thereunder. The facts leading to the filing of this writ petition are briefly given below.

(2.) BEFORE the amendment of the Allahabad University Act. 1921 in 1961 by means of the U. P. Universities Act, 1961 (Act No. 13 of 1961), the University was providing the teaching necessary for admission to its various degrees. It had also recognized certain institutions as authorised to provide such teaching. These were privately run colleges and were known under the Act as 'associated col leges'. The State Government intended to start and run an engineering college and a medical college at Allahabad and to secure to the students there of degrees in engineering and medi cine of the Allahabad University. The Allahabad University Act (hereinafter re ferred to as 'the Act') was therefore am ended by the amending Act of 1961 afore said to make all necessary provision in this connection and a new class of institu tions known as "Constituent Colleges" was introduced in the Act. According to the newly introduced clause (aaa) in Sec tion 2, "Constituent College" means an institution maintained by the University or by the State Government and autho rised to conduct all the teaching neces sary for admission to a degree of the University. After the amendment of the Act in 1961 and in pursuance of the ob ject of the amendment, the Faculties of Medicine and Engineering were added to the Faculties of the University in statute No. 75 framed in pursuance of Section 24 of the Act which provides that the Uni versity shall include such Faculties as may be prescribed by the Statutes. Statute No. 80 lays down the Departments comprised in the various Faculties. In the Faculty of Medicine 15 departments are shown in clause (e) of Statute 80 and these include, at serial No. 11. the Depart ment of Obstetrics and Gynaecology. Sec tion 36-A of the Act provides for Asso ciated Colleges of the University being named by the Statutes. Section 36-AA newly added in the Act in 1961, provides for Constituent Colleges of the University being named by the Statutes. Statute 145-A framed in pursuance of S. 36-AA named only Moti Lal Nehru Medical Col lege as a Constituent College. It is not in controversy that it is a Constituent College maintained by the State Govern ment and not by the University. In the list of Associated Colleges named by Statute No. 146 the Motilal Nehru College of Engineering Allahabad was added. Thus this College, started by the State Gov ernment, was made only an Associated College.

(3.) SUB -section (6) of S. 24 of the Act provides that there shall be a Head in each Department of teaching who shall be responsible to the Dean for the organi sation of the teaching in the Department. Dr. Samant being the only Professor in the Department of Obstetrics and Gynaecology, she acted as the Head of the Department for all purposes under the Act and the Statutes. As to the Dean of the Faculty of Medicine it was provid ed by Statute 23-A that the office of the Dean in the Faculty of Medicine shall be held ex-officio by the Principal of Moti Lal Nehru Medical College and in the absence of the Principal, the senior-most Professor of the College would act as the Dean. Dr. Samant continued to act as Head of the Department of Obstetrics and Gynaecology after the petitioner joined as Professor in that Department. Dr. Samant got from the K. N. M. Trust an extension in service in the year 1967-68 to continue beyond the age of 58 years. The Trust granted her yet another exten sion beyond the age of 60 years in Janu ary. 1970. The petitioner who, according to paragraph 13 of the writ petition, had put up with the unsatisfactory position of Dr. Samant continuing to act as Head of the Department even after the peti tioner had joined as whole-time Profes sor in the Department, in the hope that "the deprivation of her lawful rights to be the Head of the Department was short ly going to end", made a representa tion to the Vice-Chancellor of the Allaha bad University when the second exten sion was granted to Dr. Samant by the K. N. M. Trust. The representation was to the effect that she should be designat ed as Head of the Department, being a whole-time Professor in the subject. A copy of the representation is Annexure B to Annexure 1 (the representation of Dr. (Mrs.) Samant to the Chancellor). The representation was forwarded by the Dean of the Faculty of Medicine (that is to say. the Principal of Moti Lal Nehru Medical College) to the Vice-Chancellor in January. 1970. the forwarding letter being Annexure C to Annexure 1. On the representation being placed before the Executive Council of the University, the Executive Council passed on 27-2-1970 a resolution in the following words:-