MANOJ KUMAR SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) AMITAVA Lala, J. The petitioner is an employee of the Allahabad Agricultural Institute Deemed University. From the Constitution of the said institute it appears that the same is a Christian University of Rural Life. According to the petitioner, the institute has been declared as Deemed University under the provisions of Section 3 of the University Grants Commission Act, 1956 (hereinafter called as "act, 1956") vide notification dated 15th March, 2000. There is a Vice-Chancellor with full time salary to be appointed by the President from the panel of three names suggested by a search committee. The committee comprises nominee of the President of the institute, nominee of the State Government and nominee of Chairman of the University.

(2.) THE necessary bye-laws say that tenure of the Vice-Chancellor to hold the office is for a period of five years and he shall not be eligible for re-employment. However, the Vice-Chancellor can continue with the office not more than the period of six months beyond the stipulated period. From the other records we find that a Vice-Chancellor shall retire during the tenure of his office in the institution if he completes the age of 65 years.

(3.) IT also appears from Annexure-6 to the writ petition that a letter was written by the authority under the UGC to the Chancellor of the Institute/university that even though the University is minority institution, such status does not give it right to surpass the authority of the statutory bodies including that of UGC. The University is still not a registered society as is the primary requirement as per the guidelines. The memorandum of association and rules are also not in conformity with the model prescribed by the UGC. The UGC has already pointed out these discrepancies to the Institute with a request to set them right. But no compliance has been reported so far. On 27th September, 2005 a letter was written by an authority of the UGC to the Vice-Chancellor on a clarification sought by a Member of Parliament and to request him to inform UGC regarding constitution of such committee for selection of next Vice-Chancellor of the said university.