SUBHASH SHRIDHAR JOSHI Vs. JANATA SHIKSHAN MANDAL

JUDGEMENT

(1.) THE petitioner seeks to challenge the vires of Statute 200 (B) (e), and (A) of the Statutes framed under section 42 (1) of the Shivaji University Act, 1974 and further seeks declaration that the directives of the University dated 8th May, 1991 and 25th June, 1991 (Exhibits C and D) are void and illegal, being wholly without jurisdiction and ultra vires the powers of respondent no.3 University. The petitioner has also prayed for order of injunction restraining respondent no.3 University from interfering with the working of the petitioner as lecturer in the college of respondent nos.1 and 2.

(2.) A few facts leading to this petition deserve to be noted at the outset. The petitioner was a lecturer in Geography and working in Deochand College , Arjun Nagar , Kagal , District Kolhapur since 15th June, 1967. In 1970, he was confirmed as full time lecturer. The petitioner used to take 17 lectures per week, i.e. 4 lectures for first year B.A., 8 lectures for second year B.A. and 5 lectures for 12th class in the Junior College. The petitioner claims that he is an active social worker and a trade unionist and has been working for the upliftment of the labour class and of the downtrodden communities. In November, 1989 the petitioner contested elections to the Karnataka State Legislative Assembly from Nipani Constituency and got elected as its member. Since the petitioner never wanted to leave the teaching profession, he continued his teaching job in Deochand College , as he was doing before his election. The petitioner has produced certificate issued by the Secretary of Karnataka State Legislature stating therein that the petitioner relinquished his salary with effect from June 1990 as a member of the legislative assembly. According to the petitioner, Karnataka Legislative Assembly holds its session for about 50 days in a year, i.e. about a week in March when budget is presented, 35 days in May June which is a major Session and 10 days in the month of November. The petitioner claims that the working of the assembly did not conflict with the working of the petitioner as a lecturer in the college. According to him, teaching in the degree college ends by the end of February and ordinarily May vacation covers the period between 20th April and 20th June each year. Vacation between two terms, according to the petitioner, is from 1st November to 1st December. In view thereof, it is averred that fortunately the period of vacation and the period when the Assembly sits in Session coincides and, therefore, the petitioner's working as a teacher never got affected by his attendance in the Assembly. The petitioner contends that whenever he was required to be away for the purpose of attending Session of Assembly, he applied for extra ordinary leave without pay and the same is sanctioned to the petitioner by the management, viz. respondent nos.1 and 2.

(3.) IT is not disputed that the petitioner's conditions of service are governed by the provisions of Statutes framed by the respondents University under section 42 (1) of the Shivaji University Act, 1974 (for short, "University Act"). However, it is the case of the petitioner that he is entitled for extra ordinary leave under clause B (1) of Statute 200. The relevant statute reads thus :