TRIPURESH TRIPATHI Vs. J.A. OLIVER AND ORS.

JUDGEMENT

(1.) Tripuresh Tripathi, who is a practising lawyer in the High Court, has filed this writ petition in the nature of quo-warranto regarding the appointment of Vice-Chancellor and Chancellor of Sam Higginbotton Institute of Agriculture Technology and Sciences, a Deemed University under the provisions of University Grants Commission Act, 1956. The prayer made in the writ petition is as follows;

(2.) The writ of quo-warranto as against Mr. J.A. Oliver, the Chancellor of the respondent University, has been prayed for on the ground that apart from working as Chancellor of the University, he is also the President of the society managing the University which is not permissible under law as the same is violative of Regulation 6.1 of the UGC [Institutions Deemed to be Universities] Regulation 2010. The writ of quo-warranto as against Dr. Rajendra Bihari Lal, the Vice-Chancellor, is being sought on the ground that the provisions contained in 6.2(I)(II) of the Regulations 2010 framed by the University Grants Commission were not followed in making the said appointment and the appointment of the respondent no. 2 Vice-Chancellor having been made in violation of the said Regulations, the writ be accordingly issued.

(3.) To the said writ petition in question, affidavit has been filed on behalf of institute in question as well as Mr. J.A. Oliver and Dr. Rajendra Bihari Lal and therein stand has been taken that the continuance in office is strictly as per the statutory provisions and action of University is fully protected under Article 30(1) of the Constitution of India. The response so filed has been sought to be rebutted by means of rejoinder affidavit and, thereafter, on the basis of pleadings that have come forward, arguments have been advanced on following terms.