RAJNI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri S.P. Singh along with Shri P.S. Chauhan for the petitioner. Shri Shashi Nandan, learned Senior Advocate along with Shri R.K. Ojha for the respondent No. 6. Shri Ravi Kant, learned senior Advocate along with Shri A.P. Paul for respondent No. 5 and Learned Standing Counsel for respondents No. 1, 2, 3 and 4

(2.) Prayag Mahila Vidyapith Degree College, Allahabad (here-in-after referred to as the College) is an affiliated Degree College of Chatterpati Sahu Ji Manaraj University, Kanpur. Substantive vacancies on the post of Principal in various institutions including the college was duly intimated to the U.P. Higher Education Services Commission, which advertised the posts vide its advertisement No. 25. The petitioner, who is a first class through out and is also a Ph.D. holder, applied in pursuance thereof and after being selected, the Director of Higher Education, Allahabad, issued a placement order dated 31.8.2002 appointing her as Principal of the said College. The petitioner joined the College on 2.9.2002 on probation for a period of ore year. It appears that this probation was further extended for one year. It is alleged that she was coerced into submitting a letter of resignation dated 27.9.2003 to the Manager of the college but, it is stated, on the very next day, i.e. 28.9.2002 she withdrew this resignation through another letter served on the Manager. It is alleged that she continued to work as Principal of the Institution till 13.10.2003 whereafter she was not allowed to work on the alleged basis that the Management had passed a resolution on 11.10.2003 accepting her resignation. In spite of approaching the Director of Higher Education, the petitioner did not get any relief forcing her to file writ petition No. 52674 of 2004, which was finally disposed off, after hearing the parties, vide order dated 16.12.2003 that the petitioner may approach the appropriate forum for decision of the factual controversy with regard to withdrawal of her resignation. In pursuance of the writ order, the petitioner approached the Vice Chancellor, Chattarpati Sahu Ji Maharaj University, Kanpur through a detailed representation. The Vice Chancellor after hearing the parties passed a detailed order dated 27.2.2004 holding that the petitioner had withdrawn her resignation on 28.9.2003 and acceptance of the resignation was subsequent to the withdrawal. The Committee of Management made a reference to the Chancellor under Section 68 of the State Universities Act 1973 wherein the order of the Vice Chancellor was affirmed vide order dated 9.6.2004 The Committee of Management challenged the aforesaid decision in writ petition No. 40551 of 2004, which is still pending but no interim orders have been passed.

(3.) Meanwhile, it appears, that after the acceptance of the resignation, Dr. Shakti Pandey approached the Director of Education who appointed her in the alleged vacancy of the petitioner. Dr. Shakti Pandey filed original suit No. 594 of 2004 initially claiming the relief of declaration for declaring the withdrawal letter of the petitioner dated 28.9.2003 as forged thus void and also for injunction directing the petitioner, the Management etc. not to interfere in her functioning as Principal of the College.