PROFESSOR K.P. RAI Vs. VICE

JUDGEMENT

(1.) Petitioner, who is Professor in the Department of Farm Engineering, Institute of Agricultural Science (herein after referred to as' the Institute) of Banaras Hindu University (hereinafter referred to as the University), has filed this writ petition challenging the appointment of respondent No. 3 as Head of Department of Farm Engineering (hereinafter referred to as the Department) of the Institute. The University and the respondent No. 3 have filed their counter-affidavit. Learned Counsel for the petitioner stated that he does not want to file rejoinder-affidavit. We have heared learned Counsel for the petitioner, learned Counsel for the University and learned Counsel for the respondent No, 3.

(2.) The appointment of the respondent No. 3 as Head of the Department has been challenged on the ground that he does not belong to the Department and, as such, he cannot be appointed as its Head. Learned Counsel for the respondents have disputed the above submission.

(3.) Department of Farm Engineering is one of several Departments of Institute. As per Statute 25 (3) of the Statutes framed under the Banaras Hindu University Act (hereinafter referred to as the Act), each Department consists of teachers of the Department, Dean of Faculty, Honorary Professor, if any, attached to the Department and such other persons as may be members of the Department in accordance with provisions of the Ordinance. The above Statute further provides that each Department shall have a Head who will be appointed by the Vice-Chancellor by rotation. In case of a Department which has sanctioned strength of more than one Professor and where there are more than one Professor, the Vice-Chancellor shall appoint one of the Professors by rotation according to seniority, as Head of the Department for specified period, which is three years. In those cases where the Department has sanctioned strength of only one Professor its Headship is to be rotated between the Professor and the senior-most Reader. In the Department the sanctioned strength of Professors is two, one of which is held by the petitioner and against the other post Prof. R. K. Rai has been appointed. The case of the respondents, however, is that the post of Professor-cum-Chief Scientist of All India Co-ordinated Research Project for Dry-Land Agriculture (hereinafter referred to as the Project, against which the respondent No. 3 has been appointed, also belongs to the Department and is its part and respondent No. 3 is, as such, entitled to be appointed as its Head. In this connection reliance has been placed on the two resolutions of the Executive Council dated 25/6-7-1983 and 21/23-4-88. In case the post of the respondent No. 3 belongs to the Department to exception can be taken to his appointment as its Head, otherwise his appointment cannot be sustained.