a» w$m. £5T A IN THE CIIHEGH COURT OF RIDICATURE AT BILASPUR. WRIT PETETIcm 2x0. Lit; /2001 Bhuvan Lal Sahu Sf'o Brij Lal Sahu, Profegser in Hindi Dept. of Kamla Nehru C011eg€ Korbzg Tali & Dist: Korba, Ckmwsalwr. V M Versus Petitioner: Resgmndems: OL Cggggferlt— of ChhaftiSgaxh thxough it’s §llief (V, r Secretaxy, C. G. State Secretariat: D Kj§HBspital “K m W!“ \I'emiseB,Raipm‘, CG. ,Vv‘ k I ‘ ' ”:ygfw8 W ' f - ' :by’z. .‘. Prmcipal of (3.6:, Secretaly, C. G. Smte Dept. Secretaxiat, of Higher Education, D K Hospital Govt. ‘ vl < \ $64. wsxnises, Raipm,C.G, § O3. Commissioner, Higher Educaticn, Government 0f Chliattisgaxtg Raipura CG. /§ (D4. 05. 06. Deputy Regisimr, Shii Vijay Registxax, Gum Jaisawai Ghasi Films Ska Das & Satya University. Sociatieg Namyan BiiaSpur, .Biiaspux. JaiSawal, CG. Ci}, The ‘ gA I Chaiiman, Kamla Nehru Mahavidyalaya Smity, 1 Korba, Tab 8L Dist: Koxba, C .G. 07. Shii Dina Nath Pandey‘ S/e Baldeo Prasad Pzmdey, $1 Nehru aged {i2 College, yeals, Presently Korba, Tah workhg & Dist: as Kolba, Pu'ncipal. {1G, Karma. ' ‘: _ g 08. Shii Jagraj Jain SI'o Lato Hastimal Jasmj Bohra, Rio / New Bus Stand, Maiii Roaé, Korba, Tali 8L Distt: i Korba, CG. i Writ K’etition u/a article 226i 227 ofthe conStitution of India. w: / n: Gm; aw, mm x ., faam—gi 3W Wag; .w.‘P..-No‘....4.9,£20£% m 3¥lI ‘_\ K—Y 1 i ? G aamfua'w §a _ timF‘r miTrq ‘ \ I“? W We I‘ i W? A 3.5.2001 :‘ Mr.R‘.K.singh fom‘ the petitioner ’é Mr. Gautam ‘Bha‘dui’ri £or the state. Mr {Manindra Shrjévastava for respondent no . 5 . Mr.‘Prashanta Mishra for respondents 6,7 S: 8. QThe‘ Lssyie that is raised in this petition is as regards appoigtment of respondent no.7. The respondent g l no.7 he was retired given/W Erom service affhe ae of 62 years. Thereafter The petltJoner contends that there is no provision unaer which extension of service of respondent; no.7 coula have been given. It may also be stated that as of now \the age of retirement is 62 years. when the age of retirement was £ixed at 60, its was contemplated in Rule 26 that a permanent teacher shall be entitled to be in the service of the college until he co pletes the [age of 60 provioed if the governing body is s tisfied that extension of service ‘is in the interest of the nstitution ,it mayextend his service by two years beyon the age of 60o f’MrJIl/is’hra' submit that the present case should be examined‘in the light (3% provisions stated above. It ...2 4 > a *{tagw ,w C£ w ‘aI}?? § E'H mi g , mmQafgaaa) “.2...mmmm wwwwi‘wm %a;fmem%$1 appears to me that after was raised from 60 to 62 eaid that such proviso should continue to operate. hing body of the college W It is, in fact the contention of th , wr it pe tltloner thati a {which is not cor'xeemplatek for the time being in fox" Referring to the documen' in’ thé working bf the go stage khat sofne submiési is we time a direction the age of retirement years it can not be Mr .R.Kosingh subr Lylu‘ vv expired On‘ 167° 3 . 99 ighere 'ore a was given to respondent 0.. «ed there was no va lidly constituted govex sioris preseribed in this is concerned it has bee i to come into picture. H ” :“m-3 GRPRJ—«FSR i leek/ZOOI‘JG‘GOO. { c’e governing ‘suoh college. : annexure -4 the anther ”wk f’A/f of which is the Registrar himself',dt. ’3.11°2Q,00/t‘there is a finding that there are various irregularities verning body. It is at this ans' have been made that it should be issued to the , ' S competént authority to take necessary steps to dena- stittite a governing bod under therelevant provic- behalf. As far as the State submitted that since the ever, it has also been sub- its that governing body ‘was constitutea on 17 3. 7. Since the rife of the governing bony is 2 year ,the said governing body hewever the extensxon mitte‘d, that in an appro%riate case management may re-appOintment r \ ' , K i under any’ provision oi lay” present issue is an intefnal affair.it does not want k w ww} {away mfw aw \EWI.J 8¥IZ¥131 32m; afa ‘ \ . .3.. v aqwbmmm be supmégdede Another submi‘ asion made ,on behaH oii Maia?? E‘I f? fgé m1. 3¥PW 31m ?“ W my Eto be used 1n paylng phe salary of respondent $0.70 § f Mr.Manindra Shrivastava appearing on behalf of respondent no.5 submits tha£%%§% and particularly ‘me si nation that %s placed before this court would be V/i #gm‘by the provisions of the College Code. Itgis subnuitted by Mr.Shrives£ava that. the provisions i of College Code are binding upon {zhe a£fairs of this college. The age of retirem nt is sixty two years. This is binding epon [the ico leée as regards services of fact teachers / lactuters. [Asire ards the appointment of res- pondent no./ for a period o two years after he had ‘ retired £rom sex-Vice on com letion of 62 years. x shrivastava is o£ the View / hat such appOintment is not contemplated under the rele ant prOVLSions or the said contemplated Code. L i ’ Mr§?rashant Mishra,lea ned counsel for respondents 67 '7 and 8 submits that the reseht’ arrangement of appointingr respondent no.7 or another period of two years there is no other eligible person to hold Mm has been made as W I...4 [@W ammmaigaaa) ...4... may; gwaa? Wm WW1§%@W é? Wit W937} the post of principal. As Mishra submits that such GKPRL—J‘S/f‘ I i ‘I have stated above.Mr. arrangement will come within the purview of section 26., On. a. careful perusa l however , enyisaged under the afore- said provisions particulax‘ \ I would J,'eiterate that such arrange- ment can not be said to sbe‘a :ly a£ter the age of retire— ment. has been rised\rfrom 60 to 62 years. Therefore, Jimmy View nee governing 90d.) Nanless a such arrangement is clear a SI lch appointment. was made by r mug: rai auly constiti / prOVisions of college codt Ly contemplated under Lh , to allow any. authority to make such arrangement- Xould not be a healthy practice and such can not be accepted“ further submits that in O‘der to resnlxzethe situation / problem the within the purView of sec ion 33 of the Registration 7w CLAMWg s: Mr . Mishra present eg-istrar may be directed “aw/9 of cooleties Act 1973Aso ¥ body may function. It is, such exercise is done ,re. continue. Mr.R.K.Singh sul College by virtue of off The very hot that respond ment for two years,accord authorised under any rele fact Mr.R.K.Singh has sub at a duly constituted governing V‘ therefore , submitted that until spondent no.7 may be al lowed to omits that the Principal "of the ice is the ex officio Secretary. =nt no.7 has been given appoint~ mg to Mr.Singh is not at all Jant rules and regulation. ‘e re—appointment of respond nitted that not only that was already been paid as salary that even the money that 1/”(‘01 SC 000. In ant no°7 should“ be set-aside but “.5 < \e Wfjwh ’V'J‘FI I? W Wm ?5:m m‘ézr. shouid be recovered £rom recponaerii no T'Inaémtreh 33” the @ very fact of re-appointment is illegal. The impugnea order of appointment is stated to have been issued by respondent: no.8 on 8.5.2000” However. the appointment took effect from 1.9.2000. 0n perusal of the averments made in mg pleadingsi end also the impugned order of appointment issued in favour of “respondent no.7 add after careful perusal of the relevant provisions of the college code and after hearing learned counsel for the parties I am of the View that reuappointment of respondent no.7 is unsustainable. Accordingly the impugned order of re-appointment issued .w" (,1 in favour of respondent 110.; is set-aside. However% has already rendered serv1ce as Pr incipal)whatever money by way of salary has been paid eat-We need not be recovered from him. I am also of the further View that en educational institution ought to .be handeled with great care. bvery- thing is not well with this; college, It ’mustabe set right without delay. One way suggested by Mr.Mishra is that Registrar should be directed to take immediate steps to see that society constitutes a new governing body in the interest of the institution. It is necessary that a new governing body should be constituted at the earliest. y I , M .oob bladed n T WW<W§$> .._6__ However, in view of the f nding of the registrar as regards functioning of the governing body I am also further of the View mat it. will not inspire wiviic confidence if in t e meantime the present committee is allowed to unciiion before the next governing body is conetit ted. Everything that is gone should look transpar ntZ In this view of the matter the present coximit *ee i.e’.‘ Managing committee a,” ,‘ a? should also cease to ,func ion and instead Rfegisi‘ o shall see to it that mama ement is lookedr-after by him anti through his arran ement. Let whole exercise of having a, new governing as poseible ana not later than two months from today. c4? /L/V’ body heft Cawg ‘ EIQ 3"”?/as eerily M *‘x‘ A opy of this order be sent to the gegistrar, (’lA/W,a~\, g’ok ‘ELgf g [above ghouid be earrieda‘ t in accordance with rules e preséribe’d in this behalfa i with a d‘rection thaKe’xercise indicated § Mr? and regulations or proced ‘_. t.._.. _ GK/FRJwviE/El l 1/2001 50 000. w J\¢ €76: x3 'i ' \ c ’( i