NARENDRA KUMAR GOURAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) PROFESSOR Narendra Kumar Gouraha was appointed as Vice Chancellor of Pt. Ravishankar Vishwavidhyalaya, Raipur (hereinafter referred to as 'the University' for short). The University is constituted under the provisions of M.P. Vishwavidhyalaya Adhiniyam, 1973 (for short, hereinafter referred to as 'the Act').

(2.) BY this petition under Article 226 of the Constitution of India, the petitioner assails three notifications issued on 23rd February, 1997 (Annexures P/1, P/2 and P/3) whereby the State Government by invoking its extra -ordinary power of emergency under Section 52 of the Act has completely taken over the management and powers of the University and appointed Professor H.R. Singh, respondent No.4, as Vice Chancellor of the University. The appointment of another Vice Chancellor to the University has been made as a consequence ensuing from exercise of power under Section 52(4) of the Act whereby the existing Vice Chancellor has to vacate his office.

(3.) IT is submitted by the petitioner that the respondent No.5, Registrar of toe University, became apprehensive of a serious disciplinary and criminal action against him on the basis of decision of the Executive Council scheduled to meet on 7.3.1997. The respondent No. 5 thereafter made hectic efforts by approaching the influential persons in power in the University and the State. His efforts fructified by promulgation of the impugned notifications on 23.2.97 i.e. a few days before the scheduled date of meeting of the Executive Council.