K K SINGH Vs. GORAKHPUR UNIVERSITY

JUDGEMENT

(1.) THE two petitioners were appointed as Assistant Directors, Department of Adult Continuing and Extension Education, University of Gorakhpur by the Vice-Chancellor by his order dated 22-11-1991 THE State of Uttar Pradesh issued direction on 24-2-1992 regarding the regular appointment on the posts which are vacant. This direction of the State Government was issued under section 21 (3) of the U. P. State Universities Act. According to the petitioners on the strength of the said order of the respondent No. 4, the respondent no 1 has issued office memo on 13-3-1992 by which all appointments including the appointment of the petitioners were cancelled with immediate effect as per the direction of the Vice Chancellor. THE Registrar of the University gave an interview in the News paper In which the Registrar has stated |that the appointment of the Assistant Directors in the Department of Adult Continuing and Extension Education in the University of Gorakhpur has been cancelled. It has been alleged that in view of the directions of the State Government dated 24-2-1992 the University is treating the services of the petitioners as terminated automatically. THE writ of mandamus has been sought directing the respondents not to give effect to the direction of the State Government and also not to interfere in the functioning of the petitioners as Assistant Directors till the regular appointment is made.

(2.) AT the admission stage the contesting respondents have put in appearance, the parties have exchanged, counter and rejoinder affidavits and the present writ petition is being disposed of finally in accordance with the Rules of the Court.

(3.) THE U. P. State Universities (Second Amendment) Ordinance, 1991 by clause (2) makes the following amendment in section 13 of the State Universities Act : "(a) In sub-section (6). After the words "where any matter" the words "other than the appointment of teacher of the University" shall be inserted. "(b) in sub-section (8) the words "or a teacher of the University" shall be omitted." It Is, therefore, clear from the aforesaid amendment that from 22 November, 1991 the Vice-Chancellor had no power to make appointments under section 13 (6) (8) of the U. P. State Universities Act in so far as the teachers of the University were concerned.