RAMA KANT Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri D.K. Srivastava, learned counsel for the petitioners, Sri Ashish Mohan Srivastava, learned counsel for the Committee of Management of the college concerned and Sri Rohit Pandey, learned counsel for the University.

(2.) Petitioners before this Court were initially engaged in a self-financed course as a Lecturer in the subject of Sociology with the approval of the Vice Chancellor vide orders dtd. 22/10/2003 and 19/9/2007 respectively and continued as such until the order impugned came to be passed on 24/7/2018 putting their appointment in the self finance course of the college, in abeyance.

(3.) The argument advanced by learned counsel for the petitioner is that the Committee of Management of the college concerned was not legally authorized to pass such kind of orders without seeking prior approval from the Vice Chancellor as is indicated under Sec. 35(2) of the U.P. State Universities Act, 1973 (hereinafter referred to as 'the Act of 1973'). The provisions require every appointment, according to him, and the termination of appointment as well, to be subject to the prior approval by the Vice Chancellor. He has also taken the Court to the Government Order dtd. 9/5/2000 to advance a submission that in the event a Committee of Management was having any complaint against the petitioners regarding their work and conduct or otherwise then such order would amount to be punitive in nature and, therefore, was also to have preceded by the approval of the Vice Chancellor.