RAMGHANDRA Vs. JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari to quash an order of the Vice-Chancellor, Jawaharlal Nehru Krishi Vishwa Vidyalaya, terminating the services of the petitioner.

(2.) THE few facts that need to be mentioned are these. THE University was established under Jawaharlal Nehru Krishi Vishwa Vidyalaya Act, 1963 (No.12 of 1963), which came into force w.e.f. 1st October 1964 (hereinafter referred to as the Act). On 6th May 1965, the petitioner was appointed to officiate temporarily until further orders as Assistant Registrar by the Vice-Chancellor in exercise of his powers under section 48 (1) (d). Such appointment continued to have effect until the Vice-Chancellor terminated his employment w.e.f. 17th June 1967 F.N. by his order dated 6th May 1967. THE petitioner made representations against the termination of his service but the same were rejected by the Vice-Chancellor by orders dated 21st February 1968 and 4th May 1968.

(3.) UNDER the scheme of the Act, the power of appointment of officers, other than the Chancellor and the Vice-Chancellor, vests in the Board under section 27 (2) (xxiii), and that power could be delegated by the Board to the Vice-Chancellor, by a Regulation framed under section 27 (2) (xxviii). The Board, however, has to be constituted in the manner provided by section 25. Until the Board is so constituted, the Act directs by section 48 (1) that the first Vice-Chancellor shall, for a period of 18 months from the date of his appointment or for such shorter period as may be determined by the Chancellor, have the powers specified therein. One of the powers given to the first Vice-Chancellor is the power under clause (d) to make, with the sanction of the Chancellor, such appointments as may be necessary. When such an appointment is made, the appointment shall continue to take effect under section 48 (2), until it is modified or set aside by the authority or body competent to deal with it, in accordance with the provisions of the Act.