Allahabad High Court
AJIT SINGHversusUNION OF INDIA AND 2 OTHERS
- Decided
Holding
The Vice Chancellor is directed to make a fresh decision on the appointment of the HOD, and if he fails to do so, the Executive Council must decide in accordance with law.
Summary
The petitioner, a professor in the Orthopaedics department of Banaras Hindu University (B.H.U.), claimed entitlement to act as Head of Department (HOD) under the university's rotation policy. The Vice Chancellor had earlier appointed the Dean of the Faculty of Modern Medicine as interim HOD by order dated 22-12-2020, which remained in force. The petitioner sought a fresh decision on the appointment of a new HOD and questioned which authority was empowered to make such a decision. The court examined whether the Vice Chancellor or the Executive Council of B.H.U. was the appropriate competent authority under the university statutes. It held that the Vice Chancellor should promptly issue a fresh decision within three weeks, and failing that, the Executive Council must decide within four weeks. Accordingly, the writ petition was disposed with these directions.
Issues considered
- Who is the appropriate authority to decide the appointment of the Head of Department of Orthopaedics at B.H.U. under the university statutes?
Subjects
- appointment
- head of department
- university administration
- competent authority
- statute
- writ petition
- Banaras Hindu University
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 2078 of 2021
Ajit Singh
.....Petitioner(s)
Versus
Union Of India And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Srivastava, Ashok Kumar
Dubey, Abhishek Mishra, Alok Mishra,
Ashwini Kumar Singh, Ravi Prakash
Pandey, Sanjay Kumar Singh, Sharad
Kumar Srivastava, Shiv Nath Singh
Counsel for Respondent(s) : A.S.G.I., Gautam Baghel, Krishna Raj
Singh Jadaun
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Ajit Singh, Petitioner-in-person and Sri Hem Pratap Singh,
learned counsel for respondent- University.
2. Petitioner before this Court is a Professor in Department of
Orthopaedics at B.H.U. Varanasi since 2011 and according to rotation
policy being senior most, he is entitled to act as H.O.D. of said
Department for a period of 3 years, however, by an order dated
22.12.2020, Vice Chancellor has directed that the Dean, Faculty of
Modern Medicine, IMS shall act as HOD of Orthopaedics till further
orders and said order is still in force.
3. Petitioner in person submits that now a fresh decision has to be taken
for appointment of new H.O.D. and claim of petitioner may be considered
in accordance with law.
4. Now question before this Court is that who will be appropriate
Authority to take such a decision. It is informed by learned counsel for
respondent- University that Executive Council of B.H.U. is in existence,
however, it may take some time to conduct a meeting. Otherwise, Vice
Chancellor is also competent authority to take a decision.
5. In view of above, this writ petition is disposed of with a direction to
WRIA No. 2078 of 2021
2
Vice Chancellor to take a fresh decision for appointment of HOD of
Orthopaedics in terms of Statute 25(4)6 of Statute of University
expeditiously, preferably within three weeks from today.
6. In case no decision is taken by Vice Chancellor, the Executive Council
of B.H.U. shall take a decision strictly in accordance with law within four
weeks thereafter.
(Saurabh Shyam Shamshery,J.)
May 12, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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