PRABHAKAR RAMKRISHNA JODH Vs. A L PANDE

JUDGEMENT

(1.) This appeal is brought, by special leave, against the judgment of the High Court of Judicature of Madhya Pradesh dated February 28, 1962 dismissing the petition of the appellant for grant of writ under Art. 226 of the Constitution of India.

(2.) The appellant was appointed as a lecturer in Sanskrit in the year 1955 in the S.B.R. College (Sheobhagwan Rameswarlal Arts College), Bilaspur and he was confirmed in that post in the year 1957. The College is affiliated to the University of Saugar under the provisions of the University of Saugar Act 1946 (hereinafter called the Act) and is managed by the Governing Body established under Clause 3 of the 'College Code' which is an Ordinance made under the provisions of Act. The College is maintained out of the funds of Sheobhagwan Rameswarlal Charitable Trust, Bilaspur and is aided by the State Government. On June 2, 1960 the Principal of the College served the appellant, by post, a charge sheet consisting of three charges and the appellant was asked to submit explanation within a week's time. The charges were as follows :-

(3.) The appellant submitted explanation denying all the charges and requested the Governing Body to supply particulars on which the first charge was based. The allegation of the appellant is that he was not supplied with the required particulars and that the Governing Body terminated the services of the appellant with effect from July 1, 1960 without holding any enquiry. The appellant made a representation of the Governing Body on July 5, 1960 requesting it to reconsider the whole matter. The Governing Body rejected this representation also. The appellant thereafter moved the High Court of Judicature of Madhya Pradesh for grant of a writ of certiorari under Art. 226 of the Constitution of India to quash the order of the Governing Body dated June 30, 1960 terminating the services of the appellant, and also for the grant of a writ of mandamus reinstating the appellant to his post as a confirmed lecturer of the College. The case of the appellant was that the Governing Body had made the order of discharge in violation of the provisions of Clause 8(vi)(a) of the 'College Code' and that the order of the Governing Body was, therefore, ultra vires and illegal. The High Court rejected the contention of the appellant on the ground that the conditions of service of the appellant were governed not be the "College Code" but by the contract made between the Governing Body and the appellant. The High Court also took the view that provisions of the "College Code" were merely conditions prescribed for affiliation of colleges and no legal rights were created by the "College Code" in favour of lecturers of the affiliated colleges as against the Governing Body. In taking this view the High Court followed its previous decision in Vedraj Bhawanidas Dua v. Damoh Arts College,1961 MadLJ 239 in which it was held that the "College Code" being merely conditions prescribed for affiliating Colleges, the University may at its option enforce of relax those conditions and the only sanction for fulfilment of those conditions it disaffiliation, The High Court according did not go into the question whether the Governing Body had violated the procedure prescribed in Clause 8(vi)(a) but dismissed the application of the appellant for the grant of writ on the ground that it was only breach of contract and the proper recourse of the petitioner was to bring a suit in the Civil Court for damages for wrongful breach of contract and the appellant cannot avail himself of the extraordinary remedy under Art. 226 of the Constitution.