Case: Integral University &amp; Others Vs. Junaid Ahmad &amp; Others

2. The Integral University, Lucknow, has approached this Court, to assail the order passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow (hereinafter referred to as the High Court), dated 7.3.2017, whereby the appointment of Shri S.W. Akhtar as Vice Chancellor of the Integral University, was set aside3. Learned Senior Counsel representing the Integral University, invited our attention to the operative part of the impugned order, which is reproduced below:This is not disputed that vide order dated 21.03.2005, the eighth respondent was appointed as Vice Chancellor of the Integral University for a period of five years w.e.f. 01.04.2005 even before his five years tenure vide letter dated 22.08.2008, he was issued afresh appointment order again for five years w.e.f. 18.08.2008 and further vide office order dated 16.08.2013 his term has been extended for another five years w.e.f. 17.08.2013 to 16.08.2018. Section 10(1) of the Act, 2004 provides that the Vice Chancellor shall be appointed by the Chancellor in such manner as may be prescribed for a period of five years. Regulations 3.03 of the first Regulation, 2006 framed by the University reads that a person appointed as Vice Chancellor for five years shall, if he completes the age of 65 during the term of his office, retire from officeAdmittedly, the eighth respondent has crossed the age of 60 years, therefore, in view of the provisions of Section 10(1) of the Act, 2004 as well as Regulations 3.03 of the Regulations, 2006 framed by the University, we are of the view that the eighth respondents appointment as well as his continuation as Vice Chancellor even after five years after his first appointment made for five years and particularly after completion of 65 years age are in violation of statutory provisions of the Act as well as Regulations. Therefore, we arrived at conclusion that the answering respondent no.8 has failed to satisfy his authority to act as Vice Chancellor of the Integral University4. Based on the factual position indicated in the extract reproduced above, the High Court vide its impugned order, disposed of the writ petition with the following directions :In the result, we hereby direct the competent authority to remove the eighth respondent from the post of Vice Chancellor of the University forthwith and stop his functioning as Vice Chancellor and further proceed for appointment of new Vice Chancellor in accordance with Rules expeditiously within one month from the date of communication of this order.

Reasoning:
7. We are satisfied, that the High Court would have been correct in recording its conclusion, and the same would have been in conformity with Statute 3.03 of the Integral University First Statutes, 2006, if Shri S.W. Akhtar would have crossed the age of 65 years before or during the period of his last appointment as Vice Chancellor, which was from 17.8.2013 to 16.8.2018. It was submitted by the learned counsel representing the Integral University, that the admitted date of birth of Shri S.W. Akhtar is 20.1.1955, and as such, he would attain the age of 65 years only on 20.01.2020. In the above view of the matter, it would be pertinent to note, that he had not crossed the age of 65 years by the time he was appointed as Vice Chancellor, and would not even cross the age of 65 years during his extended tenure as Vice Chancellor from 17.8.2013 to 16.8.2018. It is therefore apparent, that the High Court clearly erred in arriving at a conclusion, that the appointment of Shri S.W. Akhtar as Vice Chancellor was liable to be set aside on the basis of Statute 3.0314. We do not wish to order the reinstatement of Shri S.W. Akhtar (as Vice Chancellor) pending consideration before the High Court for two reasons. Firstly, because of the position adopted by the Integral University before the Court, it is obvious, that the appointment of Shri S.W. Akhtar had been made in violation of Statute 3.02, of the Integral University First Statutes, 2006. And secondly, for the reason, that Shri S.W. Akhtar has not approached this Court to assail the impugned order dated 7.3.2017. We are informed, that the impugned order dated 7.3.2017 has been given effect to, and that, Shri S.W. Akhtar has relinquished the post held by him as Vice Chancellor of the Integral University15. Keeping in view the fact, that the issue involves the question of validity of the appointment to the post of Vice Chancellor, we hope and expect, that the High Court will examine the matter at its earliest convenience.