SHYAM MOHAN SHRIVASTAVA Vs. UNIVERSITY OF INDORE

JUDGEMENT

(1.) This is a petition under article 226 of the Constitution. In this case we have to decide the claims of two lecturers for the Dean ship of the Faculty of Law in the Indore University. One of them claims to be a whole- time lecturer and the other a part-time one. The main grievance as appears from the petition is that as a whole-time lecturer the petitioner should be preferred for Dean ship to one Shri C. P. Chhazed (who is respondent No. 2 in this petition) as the latter is only a part-time lecturer.

(2.) The facts that give rise to this petition are simple. The petitioner Shyam Mohan Shrivastava is a full-time teacher of law. He was designated as Assistant Professor in the Department of Law in the P. M. B. Gujarati Arts, Commerce and Law College, Indore (hereinafter referred to as the "Gujarati College") since 15th November 1966. The respondent No. 2 Chandra Prakash Chhazed is a part-time teacher of law also employed in the same Gujarati College as part-time Professor of Law. It is further alleged by the petitioner that in the Indore University there are three colleges teaching law, namely, the Government Arts & Commerce College, the Indore Christian College and the said Gujarati College. The first two are the constituent colleges of the University while the Gujarati College is an affiliated college. The petitioner as well as respondent No. 3 Ashok Kumar Sarda are Assistant Professors of Law working as whole-time teachers. Of these two the petitioner claims to be the senior. In this petition the petitioner has also referred to other teachers of law and for the sake of completing the story of the petition we are mentioning them. Shri Balwant Singh Johar according to the petitioner is teaching in a constituent college and is the senior most while others, namely, Shri G. C. Sohani (respondent No. 5) Shri S. M. Garg (respondent No. 6) Shri S. C. Bagdiya (respondent No 7) Shri B. L. Pavecha (respondent No. 8) and Shri S. G. Bapat (respondent No 9) are in the order mentioned senior teachers of law. These persons, however, have not appeared before us, nor do they seem to be interested in this petition either way, though powers have been filed by lawyers on behalf of respondent No. 2 Shri C. P. Chhazed and respondent No. 9 Shri A. K. Sarda. Shri Sanghi who is appearing for the University of Indore has also filed his power on behalf of the Kuladhipati Shri S. N. Sinha (respondent No. 10).

(3.) The petitioner then submits that under section 26 of the Indore University Act, 1963 (hereinafter mentioned as "the Act") Deans are appointed for each faculty. The previous Deans were Shri P. P. Pandit and Shri G. C. Kasliwal. After their retirement from Deanship the University appointed Shri C. P. Chhazed as Dean of the Faculty of Law on the 23rd October 1971. The petitioner contends that this appointment is in contravention of section 26 of the Act and is illegal. He has, therefore, filed this petition for a writ of quo warranto to quash the order of appointment of Shri C. P. Chhazed and for a mandamus to appoint the petitioner as Dean.