URMILA SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the present petition, the petitioner has sought a writ of mandamus to the respondent no. 3 to decide her representations dated 27th August, 2013 and 2nd September, 2013, which are Annexures-7 and 8 to the writ petition.

(2.) In the representation dated 27th August, 2013, addressed to the Chairman, Arya Kanya Degree College, Allahabad, it is stated that the petitioner has been appointed as the officiating Principal of the College by the Governing Body of the Arya Kanya Degree College, by the resolution dated 23rd August, 2013, but when she went to the College on 26th August, 2013 to take charge of the Officiating Principal, she has not been allowed to join the post, though a request has been made by her to cooperate in taking the charge. In the other representation, dated 2nd September, 2013, it is stated that the term of Dr. Smt. Reeta Purwar, Officiating Principal, continued for ten years and as per the Gazette Notification of the University Grants Commission, dated 18th September, 2010, a Principal can hold the post for a maximum period of five years which may be extended for another period of five years. In this way, since she has completed ten years' term, therefore, now her term as Officiating Principal stands ceased. The Governing Body of the College, having regard to her seniority, merit and experience, has in its meeting dated 23rd August, 2013 has resolved to appoint her as the officiating Principal and an information in this regard has been sent to the Registrar of the Allahabad University. When the petitioner reached the College to take the charge of the Officiating Principal, Dr. Smt. Rama Singh has raised an objection that since the petitioner has not taken the charge within three days from the date of her appointment as the Officiating Principal, her appointment stands cancelled and a direction has been issued to Dr. Smt. Rama Singh to take the charge while Dr. Smt. Rama Singh, on being asked to produce the appointment letter, could not produce the same. It has been requested that to give effect of the resolution of the Governing Body, she may be allowed to take the charge of the Officiating Principal.

(3.) Though the Principal Secretary, Higher Education, Registrar, Allahabad University, Chairman Arya Kanya Degree College, Dr. Smt. Rama Singh have been impleaded as the party respondents in the writ petition, but Dr. Reeta Purwar, who is the affected party in case of any adverse order is being passed, has not been impleaded as a party respondent.