LAWS(RAJ)-1977-11-10

HAR GOVIND PANT Vs. CHANCELLOR UNIVERSITY OF RAJASTHAN

Decided On November 08, 1977
HAR GOVIND PANT Appellant
V/S
CHANCELLOR UNIVERSITY OF RAJASTHAN Respondents

JUDGEMENT

(1.) THIS writ petition has been referred to a Full Bench at the instance of the state Government because it involves a question as to the validity of the appointment of Shri Raghukul Tilak as Governor of Rajasthan.

(2.) THE relevant facts giving rise to the writ petition, shortly stated, are that during the period of Emergency, the petitioner, who holds a substantive rank of a Reader in Political Science in University of Rajasthan, was appointed as officiating Director, Institute of Correspondence Studies, on Sept. 29, 1975 by the then Vice-Chancellor Dr. G. C. Pande, respondent No. 2. His services were placed on deputation from the Department of Political Science and in due course the post was advertised. On the recommendation of the Selection committee constituted for the purpose, which was duly approved by the syndicate, the petitioner was appointed as Director, Institute of correspondence Studies, on probation, for a period of one year in the pay-scale of Professor in the University i. e. , in the grade of Rs. 1100-1600.

(3.) SHRI Raghukal Tilak assumed charge of the office of the Governor of rajasthan on May 12, 1977. Under Section 10 (1) of the University of rajputana Act, 1946 (hereinafter to be referred to as "the Act"), he became the chancellor of the University of Rajasthan by virtue of his office as Governor. Incidentally, Shri Raghukal Tilak was a Member of the Rajasthan Public Service commission during the year l'958-59.