NFS Vs. JNU

JUDGEMENT

(1.) THIS petition is filed by the petitioners seeking for a direction to the Jawaharlal Nehru University authority to recover the salary paid to Dr. Muttayya Koganuramath since he was appointed as a librarian illegally and also for setting aside the order dated 2nd January, 2007 passed by the University authority for the proper management of the library of the University.

(2.) BEFORE we deal with the merits of the issue, we would like to focus on the locus of the petitioners in filing the present petition. The petitioner no. 1 is a student organization under Statute 33 of the JNU Act, 1966 as stated in paragraph 5 of the petition. The petitioner No. 2 appears to be an Advocate. He has not described his status and connection with the petitioner No. 1 in the petition, but on our asking he has orally informed us that he is the President of Students Union. In paragraph 2, however, he has stated that he is a Case-Law-Authority. We are, however, unable to understand as to how an Advocate, who is enrolled with the Bar Council of Delhi, could become the President of a students Union. Whether the constitution of the students' body permits an advocate to become a President of the Students Union is also not placed before us and, therefore, we cannot comment upon the same.

(3.) HOWEVER, as to how the library of the University is to be maintained is entirely in the discretion of the University authority. With the resignation of dr. Muttayya Koganuramath, there is no permanent librarian appointed to the library and, therefore, a stop gap arrangement has been made by the University authority to oversee that the University library functions effectively and meaningfully. The petitioner No. 2 appears to be aggrieved, but for reasons unknown to us. He has no connection at all with the functioning and management of the University, his vocation being that of an Advocate. So far the question of recovery of the salary from Dr. Muttayya Koganuramath is concerned, he has rendered his service to the University as a librarian which was accepted and, therefore, there is no possibility and question of recovery of any money from him.