HISLOP EDUCATION SOCIETY Vs. NAGPUR UNIVERSITY

JUDGEMENT

(1.) THE petitioners who are respectively an education society, local managing committee and the college run by petitioner No. 1 Society, have filed this petition under Article 226 of the Constitution of India for issuance of a writ of certiorari for quashing the resolutions passed by the respondent No. 2 i.e. the Executive Council, Nagpur University, Nagpur dated May 23, 1977 and March 11, 1978 recommending setting aside of order of dismissal of respondent No. 4 and asking petitioner Nos. 1 to 3 to reinstate respondent No. 4 in the service of the petitioners and also refusing to withdraw the above mentioned recommendation at the instance of petitioner No. 3 i.e. Hislop College, Nagpur.

(2.) PETITIONER No. 1 - Hislop Education Society Nagpur, runs Hislop College in Nagpur - an educational institution of some repute. Petitioner No. 2 is the local managing committee of the Hislop College. Respondent Nos. 1, 2 and 3 are the Nagpur University, its executive council and the grievance committee appointed by the executive council respectively. Respondent No. 4 is the employee of petitioner No, 3 who is dismissed from service after holding an enquiry by the enquiry committee. This dismissal, on representation being made by the said aggrieved employee was set aside by respondent Nos. 2 and 3 and recommendation was made to the petitioners that the respondent No. 4's dismissal be set aside and he be reinstated in service of petitioner No. 3.

(3.) ACCORDINGLY , respondent No. 4 was informed by letter dated August 19, 1974 that he was dismissed from the service of Hislop College with effect from August 19, 1974 in consequence of the report of the enquiry committee appointed by the governing body of the petitioner. A copy of the resolution passed by the governing body was annexed to this, letter of dismissal of respondent No. 4.