JAWAHARLAL NEHRU UNIVERSITY Vs. K S JAWATKAR

JUDGEMENT

(1.) This is an appeal by special leave against a judgment of a Division Bench of the High Court of Delhi in a Letters Patent Appeal upholding the judgment of a single Judge of the High Court in a writ petition filed by the first respondent for a declaration that he continues to be in the service of the Jawaharlal Nehru University.

(2.) The Jawaharlal Nehru University Act, 1966 sets forth as the objects of the Jawaharlal Nehru University "to disseminate and advance knowledge, wisdom and understanding by teaching and research and by the example and influence of corporate life, and in particular the objects set out in the first Schedule." The powers of the University extend to establishing within the Union Territory of Delhi or outside that territory such Special Centres as may be necessary for the furtherance of its objects, to create such teaching, administrative and other posts as the University may deem necessary, and to make arrangements thereto, and to appoint or recognise persons as Professors, Readers or Lecturers or otherwise as teachers of the University. Section 7(b) of the Act declares that where the University establishes and maintains any institution or body outside the Union Territory of Delhi then the powers and jurisdiction of the University will extend to such institution or body subject to the rules and regulations of the University within, whose jurisdiction the institution or body is situate.

(3.) On 21st September, 1970 the Additional Secretary, Ministry of Education and Youth Services wrote to the Vice-Chancellor of the University informing him of the intention of the Government of India to establish a Central University at Shillong to serve the needs of the North Eastern Region of India, and that in August, 1969, the University Grants Commission had approved the proposal of the Manipur Administration to have a Postgraduate Centre at Imphal under the auspices of the Gauhati University, and considering the fact that the proposed Central University for the Hill Areas was also intended to cater to the needs of Manipur, it would be appropriate, he said, that the Jawaharlal Nehru University should establish a Centre at Imphal also which could later be made over to the proposed new University to be established by the Centre. On 3rd October, 1970, a resolution was passed by the Executive Council of the Jawaharlal Nehru University agreeing with the proposal of the Ministry of Education to set up an Institute of Postgraduate Studies at Imphal. A committee was set up to study the problems connected with the setting up of such an Institute and to submit concrete proposals in that regard. On 12th June, 1971, the Executive Council of the University recorded their agreement in principle to the proposal of the Ministry of Education to set up an Institute of Post-graduate Studies at Imphal and noted that the committee had submitted its report. Then on 12th June, 1971, the Executive Council passed a resolution that a Centre of Post-graduate Studies be set up at Imphal under S. 5(2) of the Jawaharlal Nehru University, Act.