GHULAMMUJTABAANSARI Vs. CHANCELLOR

JUDGEMENT

(1.) This writ petition was filed under Articles 226 and 227 of the Constitution of India with a prayer for quashing the order issued by the Vice-Chancellor of Bheem Rao Ambedkar Bihar University (hereinafter referred to as the said University). The said order was communicated to the petitioner by the Registrar of the said University by Memo dated 24th January, 1992. From the perusal of the said memo dated 24th January, 1992 it appears that pursuant to the order of the Chancellor contained in Governor's Secretariat letter, dated 15th January, 1992, the Vice Chancellor stayed the operation of the office order issued under memo No. B/3814, dated 26th December, 1991 until further orders. The said communication dated 24th January, 1992 further directs that the status quo ante prior to 26th December, 1991 was allegedly restored.

(2.) Pursuant to the direction of this Court, learned counsel appearing for respondent Nos. 1 and 4 produced the file in which the order, dated 15th January, 1992 is available. The said order dated 15th January, 1992, passed by the Governor as communicated by the officer on special duty (Governor's Secretariat, Bihar) to the Vice-Chancellor of the said University is set out below:

(3.) The learned counsel for the Chancellor contended that the said order was passed by the Chancellor of the said University in exercise of the power under Section 9 sub-section (4) of the Bihar State Universities Act (hereinafter referred to as the said Act. The said sub-section (4) of Sec. 9 of the said Act is set out below :