Allahabad High Court
Professor Shanker Dayal Dwivedi vs Union Of India And 5 Others on 9 September, 2015
Bench: Arun Tandon, Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD
A.F.R.
Court No. - 10
Case :- WRIT - A No. - 32264 of 2015
Petitioner :- Professor Shanker Dayal Dwivedi
Respondent :- Union Of India And 5 Others
Counsel for Petitioner :- Indresh Dubey,Ashok Khare,Pradeep Upadhyay
Counsel for Respondent :- A.S.G.I.,Ashok Mehta,R.A. Akhtar,Ram Gopal Tripathi,Rizwan Ali Akhtar,S. Shekhar,S.Shekhar,Shailendra,Shashi Kant Upadhayay,V.K.Singh
Hon'ble Arun Tandon,J.
Hon'ble Shashi Kant,J.
Heard learned counsel for the parties.
Dispute giving rise to the present writ petition is in respect of constitution of the Search Committee for making its recommendations for appointment of Vice-Chancellor, University of Allahabad, Allahabad.
Petitioner, before this Court, is a professor in the Department of Sanskrit, University of Allahabad. It is his case that the Executive Council vide resolution no. 12/28 passed in the meeting dated 20th September, 2014 had recommended the name of Hon'ble Mr. Justice R.S.Dhavan, Former Chief Justice, Patna High Court and Prof. Sudhir Kumar Sopory, Vice-Chancellor, Jawaharlal Nehru University, New Delhi, to be the members of the Search Committee. This according to the petitioner is not in-conformity with the University Grants Commission (Minimum Qualification for the Appointment of Teachers and other Academic Staff in Universities and Colleges and Other Measures for Maintenance of Standards in Higher Education) Regulations, 2010 read with University Grants Commission (Minimum Qualification for the Appointment of Teachers and other Academic Staff in Universities and Colleges and Other Measures for Maintenance of Standards in Higher Education) (2nd Amendment) Regulations, 2013 (hereinafter referred to as the Regulations, 2010 and Regulations, 2013 respectively).
By means of the prayer no.2, he has prayed for production of the order of the Visitor nominating the Convener and 3rd Member of the Search Committee and to quash the same. Lastly it had been prayed that respondents may be directed to constitute and form the three Members Search Committee in accordance with the provisions of Regulation No.4 of the Regulations, 2013.
At the very outset, we may record that the only ground of challenge to the Resolution of the Executive Council and the order of the Visitor, as pressed before us is that out of the three members of the Search Committee, only one belongs to the higher education. The appointment of other two is in-violation of the Regulations referred to above.
It has been stated that the two members namely, Hon'ble Mr. Justice R.S.Dhavan, Former Chief Justice, Patna High Court and Hon'ble Mr. Justice S.R. Singh, Former Judge of this Court, now practicing Advocate in the Hon'ble Supreme Court are not persons of eminence in the field of higher education, they are not eligible to be members of Search Committee under Regulations, 2013.
We may, at the very outset record, that absolutely no details, with regard to the qualifications of the two members, has been mentioned in the present writ petition nor it has been stated as to how these two members are not the persons of eminence in the sphere of the higher education.
On being asked as to what were the academic qualifications of the two members, the learned counsel for the petitioner did not respond.
We may record that higher education will include the education of law also. Wholly vague allegations have been made in the present writ petition.
We are satisfied that no case for interference is made out on such vague allegations. The present writ petition also suffers from non-impleadment of the two members, whose induction in the Search Committee is questioned.
The University of Allahabad has been declared a Central University under the Act No.26 of 2005. It is without a Vice-Chancellor since 28.7.2014 i.e. for over one year. We have also been informed that it is without a regular Registrar for more than five years, without a regular Finance Controller for years, without a regular Controller of Examinations since 2005, without a regular Librarian and without a Director for the Institute of Correspondence for more than a decade.
The Ministry of Human Resources and Development has shown little or no concern for the University. How can a University run without a regular Vice-Chancellor, without a regular Registrar, without a regular Finance Controller etc. for years together.
From the affidavit filed by the Registrar himself in the connected matter, it is apparent that, for want of regular Vice Chancellor, as against the advertisement made in the year 2012 for 504 post of faculty members, only 56 could be selected upto the year 2015 and 53 alone have joined. The situation is alarming. Every attempt should be made to ensure appointment of faculty members within the shortest possible time.
We request the Search Committee to submit its recommendations as early as possible so that the University may have a permanent Vice-Chancellor.
We, while dismissing the present writ petition, observe that the respondent no.1(Union of India, Ministry of Human resources & Development, Department of Secondary & Higher Education, Government of India, New Delhi) shall ensure the appointment of regular Vice Chancellor, regular Registrar, regular Finance Controller, regular Controller of Examination or on other statutory posts mentioned in the Act no. 26 of U.P. Act , 2005 within a period of two months from the date of production of certified copy of this order before the respondent no.1.
We are aware that the said directions may be in-access of the subject matter of this petition but extraordinary situations require extraordinary solutions.
These directions as aforesaid have been made in the larger interest of education and for restoration of the University of Allahabad to its past glory.
Respondent no.1 will also ensure that in the meantime all statutory posts are occupied by persons, who are eligible for the same in accordance with the provisions of Act No. 26 of 2005 and the Statutes framed thereunder and not de hors the same.
The present writ petition is dismissed subject to the observations made above.
Interim order, if any, stands discharged.
Order Date :- 9.9.2015
Ashish Pd.
Case :- WRIT - A No. - 32264 of 2015
Petitioner :- Professor Shanker Dayal Dwivedi
Respondent :- Union Of India And 5 Others
Counsel for Petitioner :- Indresh Dubey,Ashok Khare,Pradeep Upadhyay
Counsel for Respondent :- A.S.G.I.,Ashok Mehta,R.A. Akhtar,Ram Gopal Tripathi,Rizwan Ali Akhtar,S. Shekhar,S.Shekhar,Shailendra,Shashi Kant Upadhayay,V.K.Singh
Hon'ble Arun Tandon,J.
Hon'ble Shashi Kant,J.
Dismissed.
For orders, see order of date passed on the separate sheets.
Order Date :- 9.9.2015
Ashish Pd.
