ASHOK V GOMASHE Vs. CHANCELLOR NAGPUR UNIVERSITY

JUDGEMENT

(1.) THIS Writ Petition impugnes an order dated 15-5-2001, passed by the Chancellor, Nagpur University in exercise of powers conferred on him under Section 108 of the Maharashtra University Act, 1994, and by which he has declared the election of the petitioner as Dean of Faculty of Science as invalid, and further directed that the vacancy caused by the invalidation of the petitioner_s election as Dean of Faculty of Science should be filled by holding a fresh election.

(2.) THE relevant facts, which gave rise to the filling of the present petition can be summarised as follows :- (a) On 9-9-1983, the petitioner was appointed as a Lecturer in Microbiology in Shri Shivaji Science College, Nagpur. (b) By 15-10-1999, the petitioner had become the senior-most Lecturer in the College. An election to the Board of Studies was soon to be held and for that purpose, the Principal of the College was required to designate the _head of Department" to be a part of the electoral College, for the purposes of election of 6 Heads of Departments under Section 37 (2) (b) of the Maharashtra University Act, 1994. It is not disputed that in or about October, 1999, the Principal of Shri Shivaji Science College, Nagpur, designated the petitioner as the _head of Department", for the purposes of election of 6 Heads of Departments, contemplated under Section 37 (2) (b ). There is no dispute that the said designation was made by the Principal of the College as per Direction No. 8, issued by the Vice-Chancellor of Nagpur University, which direction has statutory force under Section 14 (viii) of Maharashtra University Act. (c) On 26-11-1999, the election of 6 Heads of Departments in College, was held under Section 37 (2) (b), and the petitioner was elected as one of such 6 Heads of Departments, on the Board of Studies in the subject of Microbiology. (d) On 15-2-2000, the petitioner was further elected as the Chairman of the Board of Studies, for the subject of Microbiology under Section 37, sub-section (4) of the Maharashtra University Act, 1994, and on being so elected by operation of Section 33 (5) (b) of the said Act, he also became an ex officio member of the Faculty of Science. (e) On 2-8-2000, the petitioner was awarded a Teacher Fellowship under the Teacher Fellowship Scheme promulgated by the University Grants Commission. Under this scheme, he was required to conduct research and complete his Ph. D. within a duration of one and a half years. The research under the scheme was required to be conducted by the petitioner at the Nagpur University, since, his college did not have the necessary infrastructure for conducting the required research. (f) On 13-9-2000, the Principal of Shri Shivaji Science College, Nagpur, addressed a letter to the petitioner, informing him that he had been selected for the award of Teacher Fellowship for Ph. D. and permitting him to join Ph. D. Class in Microbiology Department in the Nagpur University at Nagpur for one and a half years w. e. f. 13-9-2000. The letter stated that the petitioner should hand over all his charge to Dr. C. J. Chandekar, Lecturer in Microbiology in the College, and to inform him accordingly. The letter lastly stated that immediately after the tenure of one and a half years was over, the petitioner should report and join his duty. (g) On 13-9-2000, the petitioner immediately sent a reply to the Principal of his College and stated that he had handed over the complete charge of Microbiology Department of the College to Dr. C. J. Chandekar on 13-9-2000 at 11. 00 a. m. (h) On the same day, i. e. on 13-9-2000, the petitioner addressed a further letter to the Registrar, Nagpur University, Nagpur inter alia stating that he had been relieved by the Principal of Shivaji College on 13-9-2000 and further placing on record that he had joined the Microbiology Department, Nagpur University on 13-9-2000. (i) On 25-2-2001, the election to the office of Dean of Faculty of Science in Nagpur University, was held and the result of this election was declared on 27-2-2001. The petitioner contested this election and was elected as the Dean of the Faculty of Science. Respondent No. 3, who was another contesting candidate was defeated in the said election. (j) On 3-3-2001, respondent No. 3 filed a petition under Section 108 of the Maharashtra University Act, before respondent No. 1, Chancellor of Nagpur University, inter alia challenging the validity of the election of the petitioner as Dean of Faculty of Science. (k) After hearing both sides by the impugned order dated 15-5-2001, the Chancellor in exercise of powers under Section 108 of the Act, declared the election of the petitioner as Dean of Faculty of Science as invalid and directed the holding of a fresh election as aforesaid. (l) On 31-5-2001, the present Writ Petition came to be filed by the petitioner, challenging the impugned order of the Chancellor, dated 15-5-2001. (m) On 6-6-2001, the petition was admitted and interim relief was granted in terms of prayer Clause (b) (i) and (ii), and a stay was granted to the effect and operation of the impugned order as well as to the election to the Office of Dean of Faculty of Science, which was scheduled to be held on 7-6-2001.

(3.) BEFORE I deal with rival contentions, it is the admitted fact that even as on today, the petitioner is not teaching in his College and continues to pursue the Teacher Fellowship, under the Teacher Fellowship Scheme of the University Grants Commission.