V C BANARAS HINDU UNIVERSITY Vs. SHRIKANT

JUDGEMENT

(1.) Banaras Hindu University was constituted under the Banaras Hindu University Act No. XVI of 1915 (the Act). The Act contains constitution of various bodies functioning thereunder. Section 10 of the Act, inter alia, provides for constitution of an Executive Council as an executive body to be in-charge of the management and administration of the revenue and property of the University and conduct of all administrative affairs thereof, not otherwise provided for.

(2.) Section 17 of the Act lays down the mode and manner in which the Statutes of the University are to be framed subject to the provisions of the Act which includes all appointments, powers, duties and affairs of the University. Section 18 of the Act provides for ordinance making power in respect of the matters enumerated thereunder, which would be subject to the provisions of Section under the Statute.

(3.) Dr. Shrikant, the Respondent herein, was appointed as Lecturer in Ophthalmology, Institute of Medical Sciences, Banaras Hindu University, Varanasi. His wife was also employed in the said University. She applied for and was awarded a Commonwealth Fellowship in United Kingdom with effect from 1-3-2000 to 28-2-2001. For this purpose, she made an application for sanction of substantial leave. The Respondent desired to assist his wife in joining her fellowship as also to attend the Retina meeting from 7th to 9th April, 2000 at Frankfurt, Germany as well as the Annual Congress of Royal College of Ophthalmology at Harrowgate, United Kingdom from 23-24th May, 2000. He, therefore, applied for the following categories of leave : "(i) Compensatory leave- 1-3-2000 to 30-4-2000 (i.e. Leave in lieu of duties performed on off-days, holidays and vacations)