L N MATHUR Vs. CHANCELLOR LUCKNOW UNIVERSITY

JUDGEMENT

(1.) This reference has been made by a learned single Judge in view of the conflict of judicial opinion between two Division Bench decisions expressed in Dr.(Mrs.) Prabha Gupta v. Lucknow University, 1981 Lawyers' Law Times (Services) 51 and Dr. U.N. Roy v. His Excellency, Sri G.D. Tapase (the Ex-Governor, State of Uttar Pradesh), Chancellor, Allahabad University, 1981 UPLBEC 309. In the former decision a Division Bench expressed a view that the decision of the Chancellor in regard to appointment of a teacher made under S.31 (8)(a) of the U.P. State Universities Act, 1973 (hereinafter to be referred as the Act) is not of a quasi-judicial nature. In the case of Dr. U.N. Roy (supra) the Division Bench held that while exercising powers under S.31(8)(a) of the Act the Chancellor exercised quasi-judicial power. The learned single Judge, therefore, has made a reference to the larger Bench to decide as to whether powers exercisable by the Chancellor under S.31(8)(a) are quasi-judicial and he is required to state reasons for his decision or whether such an order is not a quasi-judicial order and it is not necessary to pass a speaking order.

(2.) The facts of the case are that an advertisement had been made for the selection to the post of Reader in the Faculty of Law. Several persons had applied for the said post. A meeting of the Selection Committee duly constituted under the Act was held on 17-2-1979 and the Committee after considering the qualifications of the various applicants and after interview made the recommendation as under :- 1. Sri. L. N. Mathur. 2. Sri Avtar Singh. 3. Sri V. S. Shukla. The matter came up in the meeting of the Executive Council held on 30-3-1979 which did not approve the recommendation of the Selection Committee in regard to appointment of Reader in Law and made a reference to the Chancellor under S.31(8)(a) of the Act. The reasons for disagreement are indicated in Annexure-4 to the petition. The order of the Chancellor was communicated vide letter dated 2-9-1979, Annexure 5 to the writ petition. It is apparent from this letter that the Chancellor had been pleased to accept the recommendation of the Executive Council and directed that Dr. Avtar Singh be appointed Reader in Law of the Lucknow University. The legality of this order has been questioned by Sri L. N. Mathur through this writ petition.

(3.) On reference being made to the larger Bench for consideration of the question mentioned above we have heard the learned counsel for the parties at length and have also gone through the record. S. 31 of the Act deals with the appointment of teachers. The relevant portion of S. 31 is being reproduced hereunder for the sake of convenience : -