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YashankSingh1393971
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The petitioner is an Assistant Director, Institute of Correspondence Course and Continuing Education, (hereinafter referred as ICC&CE) University of Allahabad. She has preferred this petition primarily seeking a direction commanding the University to pay arrears of salary to her from November, 2014 as the Assistant Director and to continue to pay the same on monthly basis. The other prayer made in the writ petition is for amending Statute 30(2) of the Statutes of the University in accordance with the resolution dated 25.01.2012 of the Executive Council of the University.
The petitioner apart from the above reliefs has also made a prayer for declaring Sub-Section (3) of Section 28 of The University of Allahabad Act, 2005 as illegal but Sri Yogesh Agarwal learned counsel appearing for the petitioner at the commencement of the arguments had clearly stated that he does not want to press the aforesaid prayer as the petitioner is not inclined to challenge the validity of the aforesaid provision.
In view of above, we are basically concerned with regard to the entitlement of the petitioner to salary as Assistant Director ICC&CE, University of Allahabad and with regard to the necessity to amend the Statute 30(2) of the Statutes of the University as per resolution dated 25.01.2012 of the Executive Council of the University.
The University of Allahabad a premier educational institute of the country acknowledged to be the Oxford of the East was previously governed by the provisions of the U.P. State Universities Act, 1973 (hereinafter referred as the Act, 1973) and the First Statutes of the University of Allahabad, 1976. The said Act vide Section 44 had authorised the University to establish one or more Institutes to organise and conduct teaching and research in any subject.
In exercise of the aforesaid power the University with the prior permission of the University Grants