S.K. SHUKLA Vs. THE UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) This petition is directed against an order dated 13-9-1979 passed by the District Judge, Allahabad (Respondent No. 5) in exercise of his jurisdiction under S. 115, Civil Procedure Code.

(2.) The short facts leading to this petition are that the petitioner, who was appointed as photographer by the order of respondent No. 1, is said to have been dismissed from service by the order of Registrar dated 18-5-1968. His appeal against the said dismissal filed before the Chancellor, University of Allahabad also met the same fate. Therefore, the petitioner had to resort to the common remedy available to him by filing a civil suit against the University of Allahabad and its officers for a declaration that the order of dismissal dated 18-5-1968 is bad in law and the same be set aside. A further declaration was sought that he he deemed in service of the respondent No. 1 entitled to all emoluments admissible to him under the provisions of Allahabad University Act, 1921 amounting to Rs. 11650.16.

(3.) After receiving writ of summons, the University of Allahabad and its officers emerged with a plea that the suit as framed and filed was not maintainable in view of the specific provisions of S. 42 of Allahabad University Act, 1921 (here-in-after referred to as the Act). Apart from disputing the jurisdiction of the civil court, they also raised numerous pleas denying the claim of the. petitioner.