VEDRAJ BHAWANIDAS DUA Vs. DAMOH ARTS COLLEGE

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution is directed against a notice dated 10th December 1958, by which the Governing Body (respondent No. 2) of the Damoh Arts College (respondent No. 1) conveyed to the petitioner its decision to terminate his services with effect from 21st January 1959. A resolution of the Governing Body dated 10th September 1959 declining to reinstate the petitioner has also been challenged.

(2.) THE facts of the case giving rise to the present controversy may be briefly stated. In 1951, the Shiksha Prasar Samiti, Damoh (respondent No. 4), which is a society registered under the Societies Registration Act, 1860, established the Damoh Arts College (hereinafter called the College). The affairs of the College are managed by the Governing Body constituted under the rules of the society. The College has been admitted to the privileges of the University of Saugor (respondent No. 3). Under section 32 of the University of Saugor Act, 1946, the University has framed Ordinance No. 20, briefly called the College Code, which applies to colleges admitted to the privileges of the University.

(3.) BY a communication dated 27th June 1952, the Under Secretary to the State Government in the Education Department intimated to the Principal of the College that the petitioner took a keen and Active interest in the activities of the Rashtriya Swayam Sewak Sangh and that the State Government did not, therefore, favour his retention as a Lecturer of the College. The Principal was also requested to remove the petitioner from service urgently and to intimate the fact that it was so done. In view of that communication, the petitioner was asked to clarify his position. In his reply dated 3rd August 1958, he denied that he took any part in the activities of any political party or organisation and also undertook to refrain from doing so. He, however, stated that the Rashtriya Swayam Sewak Sangh was not a political party or organisation. Even so, he continued to be the district organiser of the Rashtriya Swayam Sewak Sangh and issued in that capacity invitations dated 12th October 1958 for its public function to be held on 18th October 1958.