GANPATI CHANDER GUPTA Vs. HARDWARI LAL

JUDGEMENT

(1.) BRIEFLY, the case of the petitioner is that he was working as Professor and Head of the Department of Hindi, at Maharshi Dayanand University, Rohtalc, hereinafter referred to as the University. He, vide letter dated 20th April, 1978, resigned from the seryice, with effect from 20th July. 1978. Mr. Hardwari Lai, Vice-Chancellor of, the University, respondent No. 1, appcepted his resignation on 22nd April. 1978, with immediate effect and got its approval from' the Executive Council in its meetirig held on 6th May, 1978. Respondent No. 1 thereafter 'proceeded to fill up the post which was held by the petitioner.

(2.) THE petitioner filed a writ petition in this Court for quashing the, order' of respondent No. 1 dated 22nd April; 1,978, and the decision of the Executive Council conveyed to him vide letter dated 24th May. 1978. He further prayed that pending disposal of the writ petition, the University be restrained from filling up the post held by the petitioner and the order pi the Vice-Chancellpr directing him to vacate the house occupied. W" him be staved. The writ petition came up for hearing before a' Division Bench of this Court on 24th July, 1978, Sind the 'learned Judges is dud notice of motion for 3rd August, 1978,' and granted ad interim relief as prayed for. The order passed by the Bench is as follows: Notice of motion for 3-8-1978. Dispensing1 with the requirements of Clause (4) of Article 226 of the Constitution of 'india for the reason that the petitioner did not have sufficient time to serve the notice of the petition upon the respondent, it is directed that the post alleged to have been vacatpd shall not be filled till then and the petitioner shall not be dispossessed of his residence occupied by him in the University campus. (Emphasis supplied),

(3.) IT is alleged that the petitioner applied for a certified copy of the order dated 24th July, 1978, and it was delivered to him on the same date, that is, 24th July. 1978. He also booked a P. P. Call to the Registrar of the University at about 15. 40 hours on that date and it matured within ten minutes. The Personal Assistant to the Registrar attended to the telephonic call. The petitioner ditated to him the message to the effect that filling up of the post of Professor and Head of the Department of Hindi had been stayed by the High Court on that date and the latter undertook to inform the Registrar about it. The petitioner also sent express telegrams to respondents Nos. 1 and 2 to the same effect at 16. 50 hours on the same date. The respondent, however, issued the letter of appointment to Dr. S. B. Singhal, respondent No. 3, who had been selected against the said post, on 24th July, 1978, at about 16. 30 hours.