B.D. DOBHAL Vs. TIBBIA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 24.01.2006 which had endorsed the findings of the trial Judge dated 07.02.1989 whereby the suit filed by the plaintiff R.D. Dobhal against the defendant namely Tibbia College Board to the effect that a decree of declaration be passed in his favour that his termination be declared null and void and he be treated to be in continuation of service with the defendant college had been dismissed.

(2.) THE plaintiff was a student in the defendant College since 1939. He graduated with a gold medal. He was subsequently appointed as an officiating principal of the college and continued in employment thereof. In para 5 of the plaint, it has been averred that the College was governed by the Tibbia College Act, 1952 (hereinafter referred to as the said Act); plaintiff was appointed in service by the Board. In para 7 of the plaint, it has been averred that the University of Delhi is a body incorporated under the Delhi University Act, 1922; Section 2 (a) defines teacher. Defendant No. 1 i.e. the Tibbia College Board was affiliated to the Delhi University; Ordinance XVIII Clause (9) applicable to the Delhi University teachers clearly states that

(3.) BEFORE the trial Judge issues were framed. Inter-alia issue No. 3 was framed. It reads as under:-