DR. G.K. NARAIN Vs. VICE

JUDGEMENT

(1.) These are three applications on behalf of the respondents in the aforesaid Writ Petition No. 584 of 1988, Dr. G. K. Narain Vs. Vice-Chancellor, Agra University, Agra and others, to vacate the interim stay dated 14-1-1988 and 18-2-1988. The interim order of stay dated 14-1-1988 is to the effect that the operation of order dated 8-1-1988 (Annexure-XIX to the writ petition) shall remain stayed. It was, however, made clear that the order dated 14-1-1988 was to remain effective till the petitioner attains the age of superannuation (i.e. on 4-4-1988).

(2.) The portrayal of the essential facts, leading to the present writ petition and applications to vacate the interim stay, are these. There is an institution named Varshney (Degree) College, Aligarh, affiliated to the Agra University. The provisions of U.P. State Universities Act, 1973 and Statutes framed thereunder were applicable. Dr. S.C. Gupta, the Principal, retired on 30th June, 1987 after attaining the age of superannuation.

(3.) As the petitioner has been operated for contract in April, 1987 hence by his letter, dated 28-6-1987, he expressed un-willingness to officiate as the Principal. The Committee of Management took a decision in its meeting held on 29-6-1987 and appointed respondent No. 3 under Statute 12.20 as an officiating Principal (Annexure-II to the writ petition). The respondent No. 3 is alleged to have assumed the charge of the office of Principal with effect from 1-7-1987. The petitioner recovered from his cataract operation and he expressed his willingness to the Secretary of the Committee of Management to officiate as Principal in the institution, being senior most teacher of the college. As the respondent No 3 has already officiated as Principal for three months in view of Statute 12.20, the Committee of Management, keeping in view the willingness of Sri Arya who offered to tender his resignation from the officiating Principal (Annexure-V to the writ petition), in its meeting dated 21-12-1987 appointed the petitioner Dr. G.K. Narain, being the senior most teacher of the college, to officiate as Principal with effect from 22-12-1987 (Vide Annexure-X to the writ petition). Against the order dated 22-12-1987, appointing the petitioner as officiating Principal, the respondent No. 3 feeling aggrieved filed his representation before the Vice-Chancellor on 23-12-1987 (vide Annexure-XIV to the writ petition). The Vice-Chancellor, after obtaining comments from the Committee of Management; the petitioner and the respondent No. 3, passed an order on 8-1-1988 to the effect that Sri Arya must continue as officiating Principal under Statute 12.20 (Vide Annexure-XIV to the Writ Petition).