STATE OF ASSAM Vs. AJIT KUMAR SARMA

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the Assam High Court. Shri Ajit Kumar Sharma (hereinafter referred to as the respondent) is a teacher in the Handique Girls College (hereinafter referred to as the College) at Gauhati. He filed a writ petition in the High Court on the following averments. This is a private college teaching up to B.A. standard and affiliated to the Gauhati University established under the Gauhati University Act, No.,16 of 1947, (hereinafter referred to as the Act). The College is managed by a Governing Body according to the provisions of the Statute for the management of private colleges framed by the Gauhati University under S. 21 (g) of the Act. Under S. 23 (h) of the Act, the Executive Council may frame Ordinances to provide for the emoluments and conditions of service of teachers of the University, including teachers in private colleges. The University has in pursuance if the powers so conferred on it framed rules for the grant of leave to teachers of private colleges which are binding on the Governing Bodies of such colleges, and had actually been adopted by the Governing Body of the College in July 1956 for its teachers. Under these rules the Governing Body of the College cannot compel a teacher to take leave without pay.

(2.) The College receives grant-in-aid from the State of Assam and there are certain conditions for giving grant-in-aid. These conditions do not provide for withdrawal of the grant-in-aid if a private college fails to put a teacher who seeks election to a legislative or local body on compulsory leave without pay from the date of the filing of nomination till the end of the next academic session or till expiry of the term of the office to which the teacher is elected.

(3.) The respondent as already stated is a teacher in the College. He applied for leave with pay from January 2, 1962 to March 5, 1962 in order to contest a seat for Parliament. This leave was granted to him by the Governing Body of the College by resolution No. 1 of March 9, 1962. The respondent stood for election and was defeated. He thereupon applied that he be permitted to rejoin his duties from March, 6, 1962 and the Governing Body permitted him to do so by its resolution No. 2 dated March 9, 1962. He therefore worked as such from March 6, 1962. On March 20, 1962, the Director of Public instruction, Assam (hereinafter referred to as the Director) wrote a letter to the Principal and Secretary if the College with reference to the letter of March 10, 1962 from the College in which apparently the Director had been informed of the leave granted to the respondent and certain other teachers in connection with elections to Parliament and Assam Legislative Assembly. In this letter, the Director informed the College that he was unable to approve the resolution of the Governing Body permitting the respondent and certain other teachers to rejoin their duties "immediately". The letter pointed out that such permission was in contravention of R. 7 of the Rules regarding the Conduct and Discipline of the Employees of Aided Educational Institutions (hereinafter referred to as the Rules) and could not therefore be approved. The Director also added that the Rules had been framed in 1960 after due consultation with the University and the Assam College Teachers Association. On receipt of this letter, the Governing Body seems to have reconsidered the matter of leave to the respondent, and passed a resolution on April 4, 1962. This letter along with another letter was considered by the Governing Body of the College; and it was resolved in view of these letters that the resolution of March 9, 1962, permitting the respondent to rejoin duties from March 6, 1962 could not be given effect to. It was further resolved that the respondent and some other teachers be granted leave in accordance with the Rules. This resolution of the Governing Body was conveyed to the respondent by the Principal of the College by letter dated April 5, 1962 and he was told that he had been granted compulsory leave without pay till the end of the academic session in view of his standing for election in the last general elections.