Allahabad High Court
Teacher Association Of Sanatan Dharam ... vs Choudhary Charan Singh University Adn ... on 23 February, 2000
Equivalent citations: 2000(2)AWC1336, (2000)2UPLBEC1513
Bench: M. Katju, D.R. Chaudhary
JUDGMENT
M. Katju and D. R. Chaudhary, JJ.
1. Heard learned counsel for the parties.
2. The controversy in this case is as to who is entitled to officiate as Principal of Sanatan Dharm (P.G.) College, Muzaffarnagar, which is affiliated to Chaudhary Charan Singh University, Meerut.
3. In our opinion, the decision of the Full Bench of this Court in Radha Raizada and others v. Committee of Management, Vidyawati Darbari Girls Inter College and others, 1994 (3) UPLBEC 1551. is also applicable to Degree Colleges although that decision was given in respect of an Intermediate College. In our opinion, the Principle in Radha Raizada's case, should apply also to Degree Colleges because it is a fair and reasonable principle and hence ordinarily, the senlormost teacher should be made officiating Principal till regular selection. This is also provided for in Statute 13.20 of the Statutes of the Meerut University. However, in exceptional circumstances where it would not be in the Interest of the Institution to appoint the senior most teacher he can be superseded, and the next in seniority should be appointed (unless he too is unfit, in which case the next after him in seniority should be appointed).
4. On the facts and circumstances of the case, we direct the Vice Chancellor of the Meerut University to decide this controversy which he should do by a speaking order after hearing the legal and factual pleas of the parties as to who is entitled to officiate as Principal of the Institution in question. The parties can produce any Supreme Court or High Court decision and all other relevant materials, which they so wish, before the Vice Chancellor. and the same shall be taken into consideration by the Vice Chancellor. The parties shall appear before the Vice Chancellor with certified copy of this order on 10th March, 2000 and no separate notices will be issued to them by the Vice Chancellor. The Vice Chancellor can either hear the case on that date or he may fix a date within three weeks thereafter and on that date he shall hear and decide the controversy finally. The Vice Chancellor shall also consider the question of eligibility of the persons concerned in accordance with law.
5. With the aforesaid observations and directions, this petition is finally disposed of.