B L KAPUR Vs. MADAN LAL KHURANA

JUDGEMENT

(1.) The challenge in this writ petition is to the letterissued by respondent No. 1, who was the Chairman of the Governing Body ofthe Rajdhani College, New Delhi, whereby he had directed a senior teacher ofthat College to officiate as Principal of the College till the issue of re-employment of the petitioner as the Principal was decided by the Governing Body ofthe institution.

(2.) Briefly stated the facts are that Rajdhani College (respondent No.3) is an affiliated College of the Delhi University and every year members ofits Governing Body are nominated. It is the Governing Body, with whose constitution we are not concerned in the present case, which takes decisions withregard to the employment and re-employment of teachers and Principals.

(3.) The petitioner had originally been appointed as a Principal of thisCollege by the Governing Body on 5/08/1985. It is not in dispute thatthe age of superannuation of a teacher/principal is 60 years and accordinglythe petitioner was scheduled to retire on 31st October, l990. Ordinance XIIRule 3-A of the Delhi University, inter alia, contains a provision providing forre-employment of any distinguished teacher after he has attained the age of 60years. The said Rule 3-A reads as under :