(1.) BY this writ petition, the petitioner has challenged the action of the respondent -Chandigarh Administration in cancelling his appointment as Registrar of the PEC University of Technology on two grounds; first, that the Chandigarh Administration had no power to cancel the same, and second, that even if there was any such power, its exercise in the present case is illegal.
(2.) THE Punjab Engineering College, which is a hoary institution of learning, was upgraded into Deemed University by notification dated 16.10.2003. As part thereof, it was registered as a Society under the Societies Registration Act and as per the Memorandum of Association, it has to be governed by a Board of Governors. The following clauses of Memorandum of Association are relevant:
(3.) IT is averred that on 11.9.2005, the post of Registrar was advertised for the first time for which the petitioner had not applied. The post was re -advertised on 17.2.2008 and interviews in pursuance held on 11.9.2008. However, no selection was made. The post was again advertised on 19.10.2008 in response to which the petitioner applied. On 12.03.2009, the petitioner was recommended for appointment after following the complete selection process and the minutes of the selection committee were sent to the Chairman, Board of Governors for approval. Due to some allegations, appointment letter to the petitioner was withheld and a summary inquiry was conducted. After due consideration, the Chairman instructed the Director to issue appointment letter to the petitioner and he joined as Registrar of the College on 13.03.2009. On the same day, a fax was received by the Director from respondent No. 2 -Home Secretary (hereinafter referred to as respondent No. 2.) that the appointment letter to the petitioner be not issued till further orders. The Director replied that the appointment letter, on the direction of the Chairman, Board of Governors, had already been issued to the petitioner. On the same very day, another letter was received by the Director from respondent No. 2 by fax in which reference of some pending inquiry and certain irregularities in his appointment had been made and also invoking of the Model Code of Conduct issued by the Election Commission of India was made. The Director was required to file reply within 24 hours on violation of Model Code of Conduct in appointing the petitioner as Registrar. The Returning Officer was informed that the letter dated 5.3.2009 of the Election Commission of India regarding application of Model Code of Conduct was received by the college on 16.3.2009 through a circular dated 13.3.2009 of respondent No. 2 by when the appointment letter had already been issued to the candidate selected for the post of the Registrar PEC. There was no official communication received at that time that the matter was being inquired into by the Chandigarh Administration for any irregularities in the appointment of the petitioner and further that there has been no violation of the Model Code of Conduct as the process of selection was done with knowledge of the Chandigarh Administration, nominee of respondent No. 2 was also present during the Selection Committee meeting. The invitation/information, regarding the interviews to be conducted on 12.3.2009 was sent to the members of the Selection Committee, including the nominee of the Chandigarh Administration well before the Model Code became operative. No objection was received from the Chandigarh Administration during the period on the issue of interviews being conducted during the period the Model Code was in operation.