COMMITTEE OF MANAGEMENT, BALWANT VIDYAPITH RURAL INSTITUTE, AGRA AND ANOTHER Vs. CHANCELLOR AGRA UNIVERSITY AND OTHERS

JUDGEMENT

(1.) The petitioners, 'Balwant Educational Society, Agra', runs an institution called the 'Balwant Vidyapith Rural Institute'(referred in a brevity form 'BVRI'). which is an institution affiliated to the University of Agra under the provisions of the Uttar Pradesh State Universities Act, 1973. The Committee of Management of this institution who alongwith one K. P. Singh, the Honorary Secretary are the petitioners before the Court, came to the conclusion that the Principal of the aforesaid institution, the BVRI, one Dr. H.P. Singh, who is the third respondent herein, be removed from service on a variety of grounds and that the said resolution be reported to the Vice-Chancellor, Agra University for his approval under Sec. 35 (2) of the Uttar Pradesh State Universities Act, 1973 (hereinafter for the sake of brevity, referred to as 'the said Act'). The Vice-Chancellor, Agra University, who is the second respondent, herein, passed an order dated 25th Apnl, 1985, according his approval under Sec. 35 (2) of the said Act to the proposal of the first petitioner regarding termination of services of Dr H.P. Singh (the third respondent herein) as the Principal of BVRI Against this order granting approval under Sec. 35 (2) of the said Act, the third respondent, the Principal of the institution, made a representation to the Chancellor of the University under Sec. 68 of the said Act and the Chancellor, who is also the Governor of the State of Uttar Pradesh, and who is cited as respondent No. 1 in the present petition, passed an order dated 3rd of June, 1986, inter alia allowing the reference made to the Chancellor under Sec. 68 setting aside the impugned order of the Vice-Chancellor dated 25th of April, 1985 granting approval to the removal of Dr. H. P. Singh from service as Principal and remanding the matter to the Vice-Chancellor for fresh consideration in its entirely after affording reasonable opportunity to both the parties and for passing a detailed and speaking order in accordance with law. It is this order of the Chancellor of the Agra University that is the subject-matter of challenge in the present petition, by which the petitioner has sought the issue of writ of certiorari calling for the records of the case and quashing the aforesaid order of the Chancellor passed on 3rd of June, 1986. The petitioners have also sought a writ of mandamus directing respondent No. 3, Dr. H. P. Singh, not to interfere, in any manner, with the functioning of the BVRI.

(2.) The case of the petitioners was represented before me by Shri A. K. Yog and the third respondent was represented by Shri Sushil Harkauli.

(3.) Shri Yog, learned Advocate for the petitioners, challenged the order, the subject-matter of the present petition, on three grounds, namely :