Case Law Details
1. Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein calls in question the order Annexure P-1 dated 2-12-2014 whereby and whereunder, respondent No. 4 – Hon’ble Chancellor of Hidayatullah National Law University, Raipur (for short ‘the HNLU’) in exercise of his power conferred under Section 8(2) of the Hidayatullah National University of Law, Chhattisgarh, Act, 2003 read with Statute 19 of the Statutes contained in the Schedule to the said Act and in view of the amendment to the Statute of the University published on 25-11-2014, extended the tenure of respondent No. 5 – Prof. (Dr.) Sukh Pal Singh as Vice Chancellor of the University for a further period of five years or until he attains the age of seventy years, whichever is earlier.
2. The aforesaid challenge has been made by the petitioner on the following factual backdrop: –
2.1) The HNLU is a University established by the Hidayatullah National University of Law, Chhattisgarh, Act, 2003 (for short ‘the Act of 2003’). Respondent No. 5 was appointed as Vice-Chancellor for a period of five years on 5- 3-2011 and he assumed the charge of the Office of Vice Chancellor on 29-3-2011. The University by its resolution dated 11-1-2014 made an amendment in the Statute enhancing the age of retirement for the Vice-Chancellor from 65 to 70 years.
2.2) On 6-9-2014, meeting of the Executive Council was held for consideration of various agendas inter alia including two agendas namely formal amendment in the appointment of Vice-Chancellor of the University enhancing the age of superannuation to 70 years and also it was proposed that amendment in Statute 19(5) of the Statutes incorporating Statute 19(5)(A), whereby on the basis of satisfactory services, after the expiry of normal tenure of five years, the Executive Council may recommend to Hon’ble the Chancellor to extend the service tenure of Vice-Chancellor for a period of next five years provided it does not exceed 70 years.
2.3) Both the agendas were discussed, passed and approved by the Executive Council on the said date. Apart from those two agendas, the Executive Council in its meeting dated 6-9-2014 also resolved after considering the satisfactory services of respondent No. 5 – Prof. (Dr.) Sukh Pal Singh as Vice-Chancellor of the University, to request the Hon’ble Chancellor of the University to extend the existing tenure of respondent No.5 beyond his initial tenure for a period of next five years or up to the age of 70 years, whichever is earlier. Minutes of meeting dated 6-9-2014 was duly approved by the Hon’ble Visitor on 16-9-2014 and thereafter, it was circulated amongst the members of the Executive Council by letter dated 9-12-2015 and minutes of Executive Council meeting dated 6-9-2014 was approved in its meeting dated 22-8-2015 in which the petitioner was also present and participated. Thereafter, acting upon the resolution made by the Executive Council to extend the existing tenure of respondent No.5 as Vice-Chancellor of the University, the Hon’ble Chancellor of the University by its order dated 2-12-2014 (Annexure P-1) extended the tenure of respondent No. 5 as Vice-Chancellor of the University beyond its initial tenure for a further period of five years or until he attains the age of 70 years, whichever is earlier, subject to the “doctrine of pleasure”.
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