S K DASGUPTA Vs. MEERUT COLLEGIATE ASSOCIATION MEERUT

JUDGEMENT

(1.) The petitioner, who is a member of the general body of the Meerut Collegiate Association, has by means of the present petition under Art: 226 of the Constitution prayed for a writ of certiorari for quashing the communication dt. 25-5-1993 of the Principal, Meerut College, Meerut (Annexure-14 to the writ petition) and for a further relief by seeking a writ of mandamus directing the Principal of the Meerut College not to operate the bank accounts singly except with the joint signature of the Secretary.

(2.) The petitioner has alleged in the writ petition that the Principal is committing gross financial irregularities and is mismanaging the funds of the College, particularly the students' funds and is acting in contravention of the Statutes of the Meerut University which regulate the financial powers of the Principal. The petitioner has filed the present writ petition as a public interest litigation.

(3.) In the counter-affidavit filed by the Principal it is stated that the petitioner is in league with the Honorary Secretary and has filed the present writ petition on wholly irrelevant grounds on account of the personal grudge against him ..... It is stated that the Principal had refused to give charge of the office of Head of Department on 1 st of July, 1993 to the wife of petitioner Dr. Mrs. S. K. Dasgupta as she was at Sl. No. 4 in the departmental seniority list of Lecturers and has appointed Dr. R. N. Agarwal, the senior- most Lecturer as Head of the Education Department. The petitioner was further unhappy with the Principal as he had objected to the grant of salary to the petitioner for the period he was absent and the order of the Principal had been upheld by the Director of Higher Education by letter dt. 28th of Nov. 1987 and as such the salary of the petitioner was withheld. It is admitted that the State Government has issued a show cause notice under S. 58 of the U.P. State Universities Act, 1973 to the Meerut College Association for showing cause why an Authorised Controller should not be appointed.