LAWS(BOM)-1985-2-24

R.P. NATH, PRINCIPAL, DR. AMBEDKAR COLLEGE OF COMMERCE AND ECONOMICS, BOMBAY Vs. PROF. N.K. MINOCHER HOMJI AND ANOTHER

Decided On February 27, 1985
R.P. Nath, Principal, Dr. Ambedkar College Of Commerce And Economics, Bombay Appellant
V/S
Prof. N.K. Minocher Homji Respondents

JUDGEMENT

(1.) THE petitioner, who was Principal of Dr. Ambedkar College of Commerce and Economics, has filed this petition in that capacity challenging the order dated 19th August 198,2 passed by the Presiding Officer College Tribunal Bombay in; Appeal No. 7/80 of 1982 preferred by respondent No. 1 under section 42(b) of the "Bombay University Act, 1974" (hereafter called Act of 1974).

(2.) DR . Ambedkar College of Commerce and Economics (hereafter called 'Dr. Ambedkar College') is owned and run by People's Education Society (hereafter called 'the Society') which was founded by Late Dr. B. R. Ambedkar and other persons belonging to Scheduled Caste on or about 8th July 1945 with the object of providing facilities for education in all branches of knowledge to poor Scheduled Caste people. Dr. Ambedkar College was also founded at about the same time. Presently the. management of the Society vests in persons belonging to religious minority of Neo -Buddhas, i.e. the persons belonging to Scheduled Caste who embraced Buddhism in October 1956.

(3.) DURING academic year 1981 -82 on account of discontinuance by the Bombay University of A.T.K.T, concession, the number of students in Dr. Ambedkar College was considerably reduced and hence the management of the College wanted to effect retrenchment of the staff. The first respondent was offered alternative employment on transfer to Dr. Ambedkar College of Law where the salary of part -time teachers was fixed at Rs. 400/ - . The first respondent, therefore, did not give her consent for transfer to Dr. Ambedkar Law College. The management also did not pass any specific order transferring the first respondent to the Law College, but instead by letter dated 21st August 1981 terminated the services of the first respondent with effect from 24th August 1981 on the ground that consequent upon the decision of the Bombay University of not granting full A.T.K.T, to F.Y. B.Com. students who appeared in the examination held in April 1981, the students' strength in S.Y. B.Com. class was adversely affected and hence it was not possible for the College to accommodate the first respondent.