ALI MOHD KHAN Vs. COMMITTEE OF MANAGEMENT

JUDGEMENT

(1.) BY means of present writ petition under Article 226 of the Constitution of India the petitioner has prayed that the respondents may be directed to pay salary to him of the post of Principal as prescribed under the State Universities Act and Statutes framed thereunder.

(2.) THE brief facts of the case are that on 7.1.1972 the petitioner was appointed as Lecturer of Sociology in Shibli National Post Graduate College, Azamgarh by the Committee of Management of the college. THE aforesaid college is a minority educational institution affiliated to Purvanchal University, Jaunpurand was aided up to degree level by the State Government. THE petitioner continued to function till 17.11.1977 thereafter he resigned. Immediately thereafter on 17.11.1977 he was appointed as Principal in Mumtaz Degree College, Lucknow, which is also a minority educational institution aided by the State Government up to degree level. THE appointment of the petitioner as Principal was made by the Committee of Management of the College and the said College is affiliated with the Lucknow University. THE petitioner resigned from the post of Principal of Mumtaz Degree College on 5.2.1996 and on 6.2.1996 he joined as Principal in Amiruddaula Islamia Degree College, Lucknow, hereinafter referred as 'the College, which is also a minority educational institution and is affiliated to the Lucknow University. THE college is governed under the State Universities Act, 1973 and Statutes framed thereunder. THE petitioner's appointment was made under the terms and conditions regulated under the Act and Statutes of the Lucknow University. THE petitioner continued to function as Principal of the college till his date of superannuation, i.e., 30.6.2008. Heard learned counsel for the parties.

(3.) LEARNED counsel for the petitioner has further submitted that the Committee of Management of the College is under constitutional and statutory obligation to function as per State Universities Act and statutes framed thereunder and also the statutes of Lucknow University. He has further submitted that the petitioner is discharging public duty of imparting higher education to the students, therefore, the Institution is bound to pay full salary to him as per law. It is further submitted that as the Institution is to function as per the State Universities Act and statutes framed thereunder, therefore, it is a State within the meaning of Article 12 of the Constitution of India and is amenable to writ jurisdiction of this Court. He has further submitted that to test as to whether the Institution is a State under Article 12 of the Constitution of India it is to be seen whether State has deep and pervasive control over day to day functioning of the Institution/College.