VICE CHANCELLOR JAMMU UNIVERSITY Vs. DUSHIANT KUMAR RAMPAL

JUDGEMENT

(1.) We pronounced our order on this appeal on 17th December, 1976 and we now proceed to give our reasons. We may point out that the respondent was not represented by a lawyer and he argued his case in person and though he is a lay man, not well versed in the science of law and in the art and skill of advocacy, we must admit that he argued his case with conspicuous ability.

(2.) Prior to 5th September, 1969 there was only one University for the entire territory of the State of Jammu and Kashmir namely, the University of Jammu and Kashmir. It was constituted under the Jammu and Kashmir University Act, 1965 (hereinafter referred to as the Act of 1965) and, as provided in Section 20, its central authorities included the Senate and the Central Council. The Central Council was the executive body of the University and it had the power inter alia to appoint teachers and to define their duties. The respondent was appointed as a lecturer in English by the Central Council on 25-4-1966 and after his period of probation was over he was confirmed as lecturer with effect from 29th April, 1967. The conditions of service of the respondent like those of other confirmed teachers, were regulated by the Statutes made by the Senate from time to time under the provisions of the Act of 1965. Statute 2 provided that every salaried teacher of the University shall have to execute a written contract with the University and the conditions of service of teachers appointed by the University shall be those embodied in the agreement of service annexed to the Statutes and every teacher shall execute such agreement before he enters upon his duties or as soon as possible thereafter. It appears that though Statute 2 required an agreement of service to be executed by a teacher, no such agreement of service was executed by the respondent on his appointment as lecturer. But it was common ground between the parties that the conditions of service of the respondent were governed by the provisions set out in the form of agreement of service annexed to the Statutes. Clause (6) of this agreement - and this clause admittedly governed the respondent - stipulated that in all matters, the teacher would "abide by the Statutes and Regulations from time to time in force in the University, and in particular, by those determining his/her grade, increment, conditions of service, rules of superannuation and provident fund rules, provided that no change in the Statutes and Regulations in this regard shall be deemed to have adversely affected the teacher." The respondent was thus clearly bound by any changes which might be made in the Statutes from time to time and no change made in the Statute was to be regarded as having adversely affected the respondent and he could not complain against it. The case of the respondent was that he satisfactorily carried on his duties as lecturer and earned his increments from year to year.

(3.) On 5th September, 1969 the Governor of Jammu and Kashmir promulgated Ordinance No. 10 of 1969 establishing in place of the University of Jammu and Kashmir, two separate universities, namely, the University of Kashmir for the Kashmir division and the University of Jammu for the Jammu division of the State. This Ordinancee was replaced by the Jammu and Kashmir Universities Act, 1969 (hereinafter referred to as the Act of 1969) which came into force on 30th October, 1969. The Act of 1969 made a slight departure from the earlier Act in the constitution of the various authorities of each University. Section 20 of the Act of 1969 provided that the authorities of each university shall include the University Council and the Syndicate. The University Council was constituted supreme authority of the university while the Syndicate was entrusted with the chief executive authority. Whereas under the earlier Act, the power to appoint all teachers of the University was entrusted to the Central Council there was bifurcation of this power between the University Council and the Syndicate under the Act of 1969. The University Council was given the power to appoint teachers of the status of a reader and above while the power to appoint teachers below the status of a reader was entrusted to the Syndicate. The Syndicate was thus the authority under the Act of 1969 vested with the power to appoint and that power would also carry with it the power to dismiss teachers below the status of a reader. Since the University of Jammu and Kashmir came to an end on the repeal of the Act of 1965 and two new universities, one of Kashmir and the other of Jammu were established, some provision had to be made in the Act of 1969 for continuance of the Statutes and Regulations so that there might be no hiatus or break causing dislocation in the functioning of the two new universities. Section 51 of the Act of 1969, therefore, provided that all Statutes and Regulations made under the Act of 1965 and in force immediately before the commencement of the Act of 1969 shall so far as may be consistent with the provisions of the latter Act, continue to be in force in each University and Section 48, sub-section (2) gave power to the special officer to "examine the Statutes and Regulations continued under Section 51 of this Act and propose such modifications, alterations and additions therein as may be necessary to bring such Statutes and Regulations in conformity with the provisions of this Act" and provided that the modifications, alterations and additions proposed by the Special Officer shall, if approved by the Vice-Chancellor, be deemed to have been made by the competent authority under the Act of 1969 and shall continue in force until altered or superseded by the authority constituted under the Act of 1969. There was also the problem of ensuring continuance of service of the existing employees of the University of Jammu and Kashmir and their allocation between the two succeeding universities and this problem was solved by the enactment of Section 52 in the Act of 1969. That section, in so far as material, provided as follows: