Chancellor Archives | SCC Times https://www.scconline.com/blog/post/tag/chancellor/ Bringing you the Best Analytical Legal News Tue, 30 Jan 2024 12:31:45 +0000 en-US hourly 1 https://wordpress.org/?v=7.1.3 https://www.scconline.com/blog/wp-content/uploads/2020/07/cropped-SCC-Online_Telegram_HR-32x32.jpg Chancellor Archives | SCC Times https://www.scconline.com/blog/post/tag/chancellor/ 32 32 Patna High Court rejects PIL filed by a teacher seeking exemption from attending LLB classes due to his employment in a school https://www.scconline.com/blog/post/2024/01/30/phc-rejects-pil-filed-by-teacher-seeking-exemption-from-llb-classes-due-to-his-employment-in-school-legal-news/ https://www.scconline.com/blog/post/2024/01/30/phc-rejects-pil-filed-by-teacher-seeking-exemption-from-llb-classes-due-to-his-employment-in-school-legal-news/#respond Tue, 30 Jan 2024 12:30:49 +0000 https://www.scconline.com/blog/?p=312505 “There is no public interest either in the exemption from classes for LLB course sought for or the prayers made under the Right to Information Act, 2005.”

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Patna High Court: In a case wherein, a Public Interest Litigation (‘PIL’) was filed by a teacher seeking exemption from LLB classes on the ground of his employment in a school, the Division Bench of K. Vinod Chandran, CJ.*, and Rajiv Roy, J., dismissed the PIL and held it as misconceived and a clear abuse of the jurisdiction invoked under Article 226 of the Constitution, as a PIL.

Petitioner was a science teacher at Jawahar Navodaya Vidyalaya, Garhwa, Jharkhand (‘the School’) And sought for a direction to Respondent 1, Chancellor of University of Bihar Raj Bhawan to consider his representation on 20-01-2023, wherein he sought for an exemption from attending classes for the LLB course, since he was employed in the School. The representation sought for an order for the exemption by Respondent 1, after which he would seek admission to a college in Bihar for LLB course. Petitioner also filed a Right to Information application to the Public Information Officer of Raj Bhawan, Patna which was disposed of.

The Court opined that the representation was misguided and there could be no consideration of the same. The Court observed that there was no public interest either in the exemption sought for or in the prayers made under the Right to Information Act, 2005 as petitioner raised a personal issue. The Court rejected the writ petition and held it as misconceived and a clear abuse of the jurisdiction invoked under Article 226 of the Constitution, as a PIL.

[Manoj Kumar v. University of Bihar Raj Bhawan, Civil Writ Jurisdiction Case No. 17945 of 2023, decided on 05-01-2024]

*Judgement authored by: Chief Justice K. Vinod Chandran

Advocates who appeared in this case :

For the Petitioner: Manoj Kumar (In Person)

For the Respondents: P.K. Shahi, Advocate General; Vikas Kumar, Rajesh Kumar, Vipin Kumar, Advocates

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Kerala High Court: In writ petitions filed by Vice Chancellors (VC) of eight Universities in Kerala alleging that the Chancellor of the Universities issued an analogously worded communication to them, informing that they are all ceased to be the Vice Chancellor of respective University with effect from 21-10-2022 and asked them to submit their resignation by 24-10-2022, Devan Ramachandran, J. while setting aside the impugned communication of the Chancellor, observed that as the Chancellor apparently has offered the petitioners an opportunity to show cause against certain action proposed by him, thus, it means that they are still in service and certainly eligible to continue as VCs, until such time as their term of office expires, or until they are removed as per law.

The petitioners asserted that the said communications are per se illegal, incompetent and beyond the jurisdiction of the Chancellor.

The Court viewed that the Chancellor asked the VCs to tender their resignations, and that too within the shortest period possible and declared that they have ceased to be the VCs with effect from 21-10-2022. Thus, prima facie, this Court has reservations regarding the impugned communications issued by the Chancellor and there is no requirement to expound, or to rely on any precedents, to declare that no one can be legally forced to tender resignation.

The respondent has submitted that the Chancellor offered the VCs an option of an honourable exit, by tendering their resignations, to pave way for initiation of fresh processes for the appointment of new Vice Chancellors, in terms of the inviolable holdings of the Supreme Court. in State of W.B. v. Anindya Sundar Das, 2022 SCC OnLine SC 1382 and Gambhirdan K. Gadhvi v. State of Gujarat, (2022) 5 SCC 179. Thus, the Chancellor was only offering an advice, with the intent to notify and inform each of the VCs that their appointments are not only untenable but void ab initio.

The Court observed that it cannot grant imprimatur to any such advice, thus, the impugned communications will have to fail. It further observed that apart from the fact that no such ‘declaration’ could have been made by the Chancellor without following due procedure, the appointments of VCs are not illegal or untenable from 21.10.2022 alone, as the Supreme Court in the above cited precedents have used the term void ab initio.

The respondent submitted that the Chancellor has issued fresh notices to each of the VCs, asking them to show cause why action could not be taken against them, and to this, the Court observed that, the relevance of the impugned communications is, by far, lost, as once the Chancellor has offered the VCs an opportunity to show cause against certain action proposed by him, it ineluctably means that they are still in service and certainly eligible to continue as VCs. Thus, the Court set aside the impugned communications/orders of the Chancellor.

[Sabu Thomas v. The Chancellor, Mahatma Gandhi University, Writ Petition (C) No. 33820 of 2022, decided on 24-10-2022]

Advocates who appeared in this case :

For Petitioner:

Advocate Elvin Peter P.J.;

Advocate K.R. Ganesh;

Advocate Gouri Balagopal;

Advocate Sreelekshmi A.S.;

Advocate Abhijith. K. Anirudhan;

For Respondent:

K. Jaju Babu;

Advocate Surin George;

Advocate M.U. Vijayalakshmi;

Additional Advocate General Asok M. Cherian;

Senior Government Pleader S. Kannan.

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Patna High Court: In a writ petition filed for the quashing of the illegal appointments of Vice-Chancellors, Pro Vice Chancellors and other officers of the Universities of State of Bihar, the division bench of Sanjay Karol, CJ. and S. Kumar, J. has without expressing any opinion on merits disposed of the petition on certain terms, and directed the Chancellor, Universities of Bihar, to consider and decide petitioner’s grievances.

The Court noted that the present petition has been filed for quashing the illegal appointments of Vice-Chancellors, and other officers of the Universities of State of Bihar as it was violating Section 10 of the Bihar State Universities Act, 1976. Further, for directing the authorities to investigate the financial illegalities committed by the universities and also, for commanding the respondent to institute an enquiry by the Special Vigilance Unit to find the quantum of funds manipulated by the higher officials.

The Court took note of the ruling in D.N. Jeevaraj v. State of Karnataka, (2016) 2 SCC 653 wherein the Court observed that procedural technicalities ought to take a back seat in public interest litigation. Further, courts are more liberal in entertaining public interest litigation for issues pertaining to good governance, however, litigation essentially directed against one organisation or individual ought not to be entertained or should be rarely entertained as other remedies are also available to public spirited litigants and they should be encouraged to avail of such remedies. Thus, the Court disposed of the petition on the following terms:

  • Petitioner must approach the authority within a period of four weeks from today by filing a representation for redressal of the grievance.
  • The authority must consider and dispose of it expeditiously by a reasoned and speaking order within a period of four months from the date of its filing and communicate the order assigning reasons to the petitioner.

  • Follow principles of natural justice and provide due opportunity of hearing and opportunity to place on record all relevant materials/documents to the parties.

Moreover, the Court provided liberty to the petitioner to approach the appropriate forum/Court, subsequently on the same and subsequent cause of action.

[Rohit Kumar v. State of Bihar, 2022 SCC OnLine Pat 2411, decided on 1.09.2022]

Advocates who appeared in this case :

Manini Jaiswal, Advocate, for the Petitioner;

Pawan Kumar, Advocate, for the Respondent.

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