SUNIL KUMAR SINHA Vs. HONBLE CHANCELLOR OF UNIVERSITIES

JUDGEMENT

(1.) THE main question involved in this appeal is as to whether Section 9 (7)(ii) of the Bihar State Universities Act, 1976 (hereinafter referred to as the Act) can be construed/read to mean that under the powers vested in the Chancellor to issue direction to the Universities in the Administrative or Academic interest of the Universities which he considers to be necessary, such directions can be issued which may adversely or prejudicially affect or tend to adversely affect the rights or interests of third parties, and further as to whether the Universities will be bound to implement such directions?

(2.) THE relevant facts in short are as follows :

(3.) BY order dated 14 -2 -2000 passed by the Chancellor, enclosed with Annexure -5 (communicated to the University vide letter M. 733GS (1) dated 22 -2 -2000), the services of the petitioner and two others were directed to be cancelled after observing the normal procedure. Then the University has issued the order of termination dated 10 -3 -2000. Even the said order dated 14 -2 -2000 was passed by the Chancellor behind the back of the petitioner. It is further stated that the petitioner was not even a party to C.W.J.C. No. 2529/1998 preferred by one Shri Bhupendra Kumar, which has been referred in the aforesaid orders.