SANKATHA PRASAD SHARMA Vs. CHANCELLOR SAMPURNANAND SANSKRIT VISHWAVIDYALAYA

JUDGEMENT

(1.) By means of the present petition, petitioners challenge the validity of order dated 4-10-1993 passed by the Chancellor, Sampurna Nand Sanskrit Vishwavidyalaya Varanasi in exercise of his powers under Sec. 68 of the State Universities Act. rejecting the claim of petitioners to hold the posts of teachers in Sanskrit Pathshala known as Sri Krishna Sanskrit Pathshala Jaigopalganj, Kirakat, District Jaunpur, hereinafter referred to as Pathshala.

(2.) Petitioners claim that the Pathshala is affiliated to Sampurna Nand Sanskrit Vishwavidyalaya. Varanasi, hereinafter referred to as University. The provisions of the Act and statute framed thereunder are applicable to the Pathshala. The management of the Pathshala is vested in the Committee of Management, which is constituted in accordance with the statutes and the by-laws framed thereunder. On 1 -4-11-1982 three vacancies of teachers to teach Sahitya were advertised in daily news paper 'Tarun Mitra' Petitioners applied for their appointment on the said post. It is stated that the respondents No. 6 to 8, hereinafter referred to as the contesting respondents also applied for the posts in question on the basis of the said advertisement true copies of the applications are contained in Annexures H and III to the writ petition. Seven Candidates appeared before the duly constituted selection Committee and subsequently petitioners were selected for the appointments on the posts in question and the contesting respondents including other candidates were not selected. After selection of the petitioners, as provided under the law, papers for approval were placed before Vice-Chancellor respondent No. 2 by the Committee of Management and respondent No. 2 was pleased to accord the approval to the appointments of the petitioners by order dated 23-2-1983, which is contained in Annexure IV to the writ petition. Thereafter, the petitioners were appointed as teachers in the Pathshala and have been discharging their duties to the satisfaction of the management and other authorities of Pathshala. In the year 1984, a managerial dispute arose between Sri Om Prakash Singh and Sri Shiv Shanker Pathak. Sri Om Prakash Singh, who himself claimed to be the Manager of Pathshaia colluded with the contesting respondent, alleged that the contesting respondents were selected for appointment by the Committee of Management on 26-9-1978. The contesting respondents acting in collusion with Sri Om Prakash Singh succeeded in procuring the order dated 16-3-1985 from the Vice-Chancellor, whereby the approval was granted to their appointments, behind back of the petitioners and without affording them an opportunity of being heard. As soon as the petitioners and Manager of the College came to know about the order dated 16-3-85, they filed the representations to the Vice-Chancellor and prayed for recalling the said order. The Vice-chancellor after making the enquiry and going through the record of the case was pleased to cancel the order dated 16-3-1935 and the Vice-Chancellor simultaneously, affirmed the claim of the petitioners vide order dated 22-2-1983. The Vice-Chancellor also decided the dispute regarding management of the Pathshaia and rejected the claim of Sri Om Prakash Singh, Information in respect thereof was also sent to the District Magistrate, Jaunpur as it is evident from the letter dated 10-2-1987, contained in Annexure VII to the writ petition. It has also been asserted by the petitioners that after their appointments, they have been performing their duties as Asstt. teachers and have been receiving their salaries continuously since 23-2-1983. The copies of their service books have also been filed as Annexures IX, X and XI to the writ petition. In the meanwhile the contesting respondents alleged to have made representations to the respondent No. 1 Chancellor of the University against the order doted 12-6-1986. Respondent No, 1 without affording opportunity of hearing to the petitioners, by his order dated 27-9-1990 remanded the matter to the Vice-Chancellor for decision afresh. The Vice-Chancellor also acting in contravention of principle of natural justice and without affording opportunity of being heard to the petitioners, accepted the representations made by the contesting respondents by his order dated 16-7-1990. Petitioners, when came to know about the order passed by the Chancellor and Vice-Chancellor, referred to the above, were obliged to file Civil Misc. Writ Petition in the year 1992. This court was pleased to allow the said petition and to direct the Chancellor to decide the same after affording opportunity of hearing to the parties. On receipt of the notice from the Chancellor petitioners filed their reply and other documentary evidence regarding their appointments as Asstt, teachers in the Pathshala, On the other hand, no evidence whatsoever, was filed by the contesting respondents in support of their claim. However, the Chancellor acting wholly arbitrary by his order dated 14-10-1993 cancelled the approval granted to the petitioners and up-hold the claim.of the contesting respondents holding that the contesting respondents having been appointed in the year 1979 on the posts in question, the appointments of the petitioners could not be made on the said post in the year 1982. The petitioners have challenged the validity of the said order in the present petition and prayed for the reliefs noted above.

(3.) The contesting respondents have filed their reply controverting the facts stated in writ petition. They have asserted that they have been appointed in the year 1979 in accordance with law on the posts in question. They have also based their claim on the order passed by the Asstt. Inspector of Sanskrit Pathshala, Varanasi. They have contended that their appointments were quite valid and same were rightly approved by the Vice-Chancellor.