H N BHARGAVA Vs. UNIVERSITY OF SAGAR

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution praying that the resolution dated the 18th February, 1973, passed by the Executive Council of the university of Sagar appointing Dr. R. S, Saini (respondent No. 2) as professor of zoology (Annexure 'b') be quashed.

(2.) THE relevant facts may be stated. Dr. H. N. Bhargava, the petitioner, and Dr. Saini, the respondent No. 2, are in the teaching staff of the University of Sagar. Dr. Bhargava was the senior Reader and Head of the department of Zoology and dr. Saini was the Reader in the same department when the post of Professor was advertised in August, 1971. Both applied for the post. There were three more applicants. The selection and appointment of the teachers of the University was then governed by Section 47-A of the University of Sagar Act. 1946 (Central provinces and Berar Act No. XVI of 1946) which now stands repealed by the madhya Pradesh Vishwavidvalaya Adhiniyam. 1973 (Act No. 22 of 1973 ). The new act came into force on the 5th May, 1973. Section 47-A of the old Act mav be reproduced below.

(3.) THE Executive Council of the University in its meeting held on the 18th february. 1973, considered the Judgment of the High Court delivered in miscellaneous Petition No. 25 of 1972 and resolved that Dr. Saini be appointed as professor of Zoology. This is the impugned resolution which is sought to be struck down as illegal, and in contravention of Statute No. 21-AA framed under Section 30 of the University of Sagar Act 1946. The petitioner also prays that a writ of prohibition restraining Dr. Saini to assume office of the Professor or writ of quo warrante in case he has resumed office, may be issued.