HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.27 of 2009 (S/B) Dr. Chandra Shekhar Mathela …Petitioner Versus Chancellor, Kumaun University And two others. .....Respondents Mr. Manoj Tiwari, Advocate for the petitioner. Mr. P.C. Bisht, Brief Holder for respondent no.1. Mr. B.D. Upadhyay, Advocate for respondent no.2. Coram: Hon’ble V.K.Gupta, C.J. Hon’ble V.K. Bist, J. V.K. Gupta,C.J. (Oral) The controversy involved in this petition revolves around the status of the petitioner as Campus Dean, Nainital Campus, Science Faculty in Kumaon University. On 10th April 2008 by an order passed by the Vice Chancellor, the petitioner was appointed as Campus Dean, Science Faculty, Nainital Campus in Kumaon University with effect from 14th April, 2008. This appointment, however was revoked by an order dated 24th July, 2008 passed by Vice Chancellor and the petitioner was removed from the post of Campus Dean and in his place respondent no.3-Professor Manju Lata Bisht was appointed as the Campus Dean. The petitioner’s representation addressed to the Chancellor of the University was rejected by Chancellor’s order dated 26th December, 2008. The petitioner has assailed both the orders dated 24th July, 2008 passed by the Vice Chancellor and the order dated 26th December, 2008 passed by the Chancellor. 2 2. Whereas Section 27 of U.P. State Universities Act, 1973 does refer to the post of a Dean of a Faculty, it does not mention anything about a Campus Dean. As per Section 27, the University is required to have such a number of Faculties as may be prescribed, such as Science Faculty, Arts Faculty etc. As per Sub Section (4) of Section 27, each Faculty has to have a Dean who shall be chosen from amongst the Professors by rotation in order of seniority and shall hold office for three years. 3. Kumaon University is peculiar in the sense that it has two teaching Campuses, one at Nainital and other at Almora. Whereas the Dean of the Faculty is posted at Almora, for the purpose of internal arrangement and administrative exigencies, a Campus Dean is appointed for the Nainital Campus even though there is no provision for such appointment in the Act. 4. Campus Dean is a post which is neither promotional in character and status nor does it carry any additional salary, emoluments or perquisites. It is a pure internal arrangement. 5. The reason given by the respondents for the removal of the petitioner as Campus Dean is that he had served earlier in a previous stint/tenure served as Campus Dean in Nainital Campus for almost three years and, therefore in the year 2008 he ought not have been appointed because the appointment of Campus Dean is also done on rotational basis from amongst Professors. Since the petitioner had served on rotational basis as Campus Dean earlier, it was a mistake on the part of the University to have reappointed him again on this post. When this mistake was discovered the respondent no.3, who is also a Professor, was appointed on rotation basis for three years as the Campus Dean. 3 6. After hearing detailed arguments of the learned counsel for the parties we find that no prejudice has been caused to the petitioner by his removal as Campus Dean nor does it violate any right conferred upon him nor does the removal cause any stigma upon the petitioner in any manner. The removal is not by way of any punishment or imposition of any penalty. By way of an internal arrangement, it is only a rectification of an error to bring it in conformity with time tested practice. 7. The writ petition has no merit and is dismissed but without any costs. (V.K.Bist, J.) (V.K. Gupta, C.J.) 20.05.2009 NCM/ARTI