J P PANDEY Vs. CHANCELLOR KANPUR UNIVERSITY KANPUR

JUDGEMENT

(1.) THIS is an unfortunate case, in which the respondent authorities have dispensed the services of the petitioner with effect from 2-8-1992, on the alleged ground of 'abolition of post', which has been termed as non-sanction of the post by the State Government, as observed by Sri C. P. N. Singh, Chancellor of the Kanpur University.

(2.) THIS writ petition is directed against the order, dated 14-3-1984, passed by the Chancellor, Kanpur University, set out in Annexure-12 to the writ petition.

(3.) THE Chancellor has also taken into consideration the comments sent by the management, in which it was submitted that although the College in which the petitioner was teaching was affiliated to the Kanpur University, but the petitioner is not a teacher within the meaning of the Act, hence provisions of Section 35 (2) of the Act are not applicable in his case. According to the Chancellor the petitioner comes in the category of non-teaching staff, and, the management continued to pay its staff from its own funds till 1972, when the college was taken on grant-in-aid list by the State Government. As according to the norms of the Directorate of Higher Education, the present college which was a 'c' grade college did not qualify for sanction of the post of Director, Physical Education, the same was not sanctioned and the post had to be abolished, and the services of the peti tioner were terminated with effect from 2-8-1992.