JAGDAMBA SINGH Vs. VICE CHANCELLOR UNIVERSITY ALLAHABAD

JUDGEMENT

(1.) Heard Sri R.N. Singh, Senior Advocate, appearing for the petitioners, Sri P.S. Baghel, Senior advocate, for the University of Allahabad and Sri M.C. Chaturvedi, Chief Standing Counsel assisted by Sri Y.S. Bohra, Additional Chief Standing Counsel and Dr. Y.K. Srivastava, Standing Counsel for the State-respondents. This Full Bench has been constituted on a reference made by the Division Bench of this Court by its order dated 17th April, 2000 referring following two questions:-

(2.) The two questions, which were referred to this Full Bench, as quoted above, were firstly as to whether the post of Professor in the State Universities comes within the purview of words "Services and Posts" as defined in section 2(c)(iv) of the U.P. Act No. 4 of 1994 and secondly as to whether the judgment in the case of Dr. Vipin Agrawal v. University of Allahabad and others,1997 3 ESC 1710 (Alld.), lays down the correct law.

(3.) The U.P. State Universities Act, 1973 defines the word "teacher" in section 2(19) and Act No. 4 of 1994 defines the words "public services and posts" in section 2(c)(iv), which are to the following effect: