LAWS(SC)-2019-5-93

LAL BAHADUR GAUTAM Vs. STATE OF U. P.

Decided On May 08, 2019
Lal Bahadur Gautam Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) The appellant, a lecturer in a private unaided college affiliated to the Chaudhary Charan Singh University (hereinafter referred to as 'the CCS University'), Meerut under the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as "the Act"), assails his termination dated 24.04.2017 as being contrary to the provisions of the Act.

(3.) Learned counsel for the appellant submits that the termination was in violation of Section 35(2) of the Act as no prior approval had been taken. The High Court erred in holding that the writ petition was not maintainable. The earlier order of termination dated 04.06.2015 had been set aside by the Vice-Chancellor on 16.07.2016 for that reason and as also being in violation of Rule No. 16.06 of the University Regulations. The order had attained finality in absence of any challenge by the respondent management.