ASHARFILAL Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONER was working as a Professor in Devi Ahilya Vishwavidyalaya, Indore (for short University). He was appointed as vice Chancellor of the University by the second respondent Chancellor of the University in exercise of his powers under section 52 (3) of the M.P. Vishwavidyalaya Adhiniyam, 1973 (for short Adhiniyam) vide notification dated 20.2.2004 (Annexure P-4). The Chancellor vide notification dated 3.11.2004 (Annexure P-1) removed the petitioner from the said post of vice chancellor and instead appointed the third respondent on the said post vide notification dated 3.11.2004 (AnnexureP-2). Feeling aggrieved, the petitioner has filed this petition.

(2.) THROUGH this petition initially the petitioner had sought quashment of the Notification dated 3.11.2004 (Annexure P-1) by which he was removed from the post of Vice Chancellor as also of the Notification dated 3.11.2004 (Annexure P-2) by which the third respondent was appointed as Vice Chancellor of the University in his place. However, the prayer for quashment of the said notifications Annexure P-1 and P-2 and also the prayer for restoring him to the post of Vice Chancellor of the University was deleted by amending, the prayer clause of the writ petition. By way of amendment he made a limited prayer seeking only the quashment of the observations made against him by the Chancellor in Paragraph 3 of the notification Annexure P-1.

(3.) THEREAFTER the said enquiry was continued and completed. After receipt of the enquiry report the Chancellor issued the Notification dated 3.11.2004 (AnnexureP-1) removing the petitioner from the post of Vice Chancellor observing therein that the petitioner was unable to perform the duties entrusted to him resulting adverse effect upon the interest of the University. It was also observed by the Chancellor that the petitioner has failed to manage the affairs of the University in accordance with law and his continuation on the post is not in the interest of the University.