Indore: Hearing a petition, challenging extension given to acting vice-chancellor of Devi Ahilya Vishwa Vidyalaya (DAVV), Prof Ashutosh Mishra, by the chancellor of state universities, the Indore bench of Madhya Pradesh high court on Tuesday issued notices to the respondents.
The court has issued notices to chancellor Ram Naresh Yadav, acting vice-chancellor Prof. Mishra and others to submit reply within a week. Soon after the chancellor extended tenure of Prof Mishra following expiry of his term as acting VC, former RGPV executive council member Ajay Chordia had moved a petition before Indore bench of high court against the extension granted to him.
Chordia had moved a writ petition in court to quash extension order of Prof Mishra. "After the expiry of acting vice-chancellor's six-month tenure, the chancellor cannot appoint the vice-chancellor again. It is against provisions of Madhya Pradesh Vishwavidyalaya Adhiniyam 1973," said counsel of the petitioner, Manohar Dalal. He further stated that as chancellor has failed to appoint permanent vice- chancellor at DAVV, there is no option but to clamp section 52. "We have cited cases in which section 52 was clamped in universities of state. Under section 52 of the Act, the state government can remove the acting vice-chancellor, dissolve executive council of DAVV and appoint a VC of its choice."
Mishra was given the charge of DAVV as the acting vice-chancellor on August 17 last year after Prof DP Singh resigned as the VC to take up a new responsibility at NACC. As per Madhya Pradesh Vishwavidyalaya Adhiniyam 1973, in the event of the occurrence of any vacancy at the VC office, a person nominated by the chancellor as acting vice-chancellor should not hold the office for a period of more than six months. But, as the Act is silent on extension of tenure of acting VC after a period of six months, the chancellor had given extension to Prof Mishra.
Under Madhya Pradesh Vishwavidyalaya Adhiniyam 1973, a three-member VC search panel comprising representatives of university executive council, UGC chairman and the chancellor was constituted on December 4, 2015 and it was given six-week time for recommending at least three candidates for VC post. But, the panel was quashed by the high court following a petition, alleging that election process adopted by the executive council of DAVV to nominate retired judge Gulab Sharma as its representative in the search panel was flawed.
The court has issued notices to chancellor Ram Naresh Yadav, acting vice-chancellor Prof. Mishra and others to submit reply within a week. Soon after the chancellor extended tenure of Prof Mishra following expiry of his term as acting VC, former RGPV executive council member Ajay Chordia had moved a petition before Indore bench of high court against the extension granted to him.
Chordia had moved a writ petition in court to quash extension order of Prof Mishra. "After the expiry of acting vice-chancellor's six-month tenure, the chancellor cannot appoint the vice-chancellor again. It is against provisions of Madhya Pradesh Vishwavidyalaya Adhiniyam 1973," said counsel of the petitioner, Manohar Dalal. He further stated that as chancellor has failed to appoint permanent vice- chancellor at DAVV, there is no option but to clamp section 52. "We have cited cases in which section 52 was clamped in universities of state. Under section 52 of the Act, the state government can remove the acting vice-chancellor, dissolve executive council of DAVV and appoint a VC of its choice."
Mishra was given the charge of DAVV as the acting vice-chancellor on August 17 last year after Prof DP Singh resigned as the VC to take up a new responsibility at NACC. As per Madhya Pradesh Vishwavidyalaya Adhiniyam 1973, in the event of the occurrence of any vacancy at the VC office, a person nominated by the chancellor as acting vice-chancellor should not hold the office for a period of more than six months. But, as the Act is silent on extension of tenure of acting VC after a period of six months, the chancellor had given extension to Prof Mishra.
Under Madhya Pradesh Vishwavidyalaya Adhiniyam 1973, a three-member VC search panel comprising representatives of university executive council, UGC chairman and the chancellor was constituted on December 4, 2015 and it was given six-week time for recommending at least three candidates for VC post. But, the panel was quashed by the high court following a petition, alleging that election process adopted by the executive council of DAVV to nominate retired judge Gulab Sharma as its representative in the search panel was flawed.
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