SHASHI KANT AGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) Through the medium of this writ petition the Petitioner has prayed for issuance of a writ of mandamus commanding the Respondents to grant permanent affiliation to the Economics Department in Sahu Jain College, Najibabad, district Bijnor, hereinafter referred to as 'the College', A further writ of mandamus is sought directing the Respondents to pay salary to the Petitioner from July, 1987 and also future salary with all increments, allowances, perks, privileges month by month and to grant suitable directions as may be proper in the circumstances of the case. The facts relevant for determining the controversy are set out in brief.

(2.) The College in question is an affiliated College of the University of Rohilkhand, Bareilly, hereinafter called as 'the University.' The provisions of the U.P. State Universities Act, 1973 and the provisions of the U.P. Higher Education Services Commission Act, 1980 along with the U.P. Higher Education Services Commission (Removal of Difficulties) Orders are applicable to the said College and the University. The College had sought affiliation to impart education to post-graduate classes in Economics from the University, which was provisionally granted. Two posts for teaching post-graduate classes in Economics were sanctioned by the Higher Education Director's Office. Inspection of the college is said to have been conducted on 30-5-1979 at the instance of the University for considering the grant of affiliation to the post-graduate Department in Economics in the college. Copy of its extract is Annexure 1 to the writ petition. The affiliation was sought by the College in the year 1974-75. The Management of the College had given an undertaking that the teachers would be paid salaries in the revised grade according to the directive received from the State Government from time to time. This is revealed by clause 11-A. The affiliation is said to have been made under the provisions of the Statutes, which are framed by the University. The Vice Chancellor has competence to exercise general supervision and control over the affairs of the University and its affiliated or associated colleges. The provision in this regard is contained in Section 13(1) (a) of the Universities Act. The affiliated colleges shall have to furnish such reports, returns and particulars, as may be called for by the Executive Council or the Vice Chancellor. The Executive Council of the University is empowered to inspect every affiliated college of the University and direct the affiliated college to take such action as may appear to be necessary within such period as may be specified. Under the Universities Act the privileges of affiliation of the college which fails to comply with any direction of the Executive Council or which fails to fulfil the conditions of affiliation, on the report of the management of the college and with the previous sanction of the Chancellor, can be withdrawn The management has statutory obligation to deposit in salary payment account such portion of the amount received from students as fees as may be required and the same is a condition precedent for grant of affiliation.

(3.) The College is said to have been granted initially provisional affiliation in 1979 (for M. A. previous classes). From 1980 on fulfilling the conditions of affiliation the papers for affiliation were sent and the matter of affiliation was processed. On the basis of the resolution dated 14-3-1985 of the Executive Council the grant of affiliation to the college was near completion. The Petitioner is said to have been appointed on 20-12-1983 as Lecturer in Economics for M. A. post-graduate classes on adhoc basis on the basis of an advertisement issued in 'Times of India' after having been duly interviewed by a validly constituted Selection Committee as contemplated under the provisions of law. The management is said to have not been inclined to retain the Petitioner and wanted to terminate his services, which led to a dispute between the management of the college and the Petitioner. The Petitioner had to file a writ petition in 1984, being writ petition No. 17059 of 1984, challenging the termination order dated 19-11-1984 as being illegal. Some interim orders were passed in the writ petition in favour of the Petitioner. The interim stay was extended from time to time. The post, against which the Petitioner was working, had received the sanction initially upto 30-6-1985. The sanction was extended for a further period subsequently. The extension granted to the post dated 11-6-1986 is reflected by Annexure 3 to the writ petition.