GHANSHYAM GAUTAM Vs. JIWAJI VISHWAVIDYALAYA

JUDGEMENT

(1.) Plaintiff is the appellant whose suit has been dismissed as not maintainable.

(2.) On 19.7.1983, the suit was instituted praying, among others, for a declaration that plaintiff was only competent to hold the post of Deputy Registrar on and from 20.7.70 in Jiwaji University, Gwalior (respondent/defendant No. 1) and he was entitled to salary and other pecuniary benefits attached to that post from the said date from the defendant/respondent. True, declaration was also prayed to void the appointment of defendant/respondent No. 2 as Deputy Registrar (Development) on and from 20.7.70 and to hold him liable to restore to defendant/respondent No. 1 all benefits that he had derived from that appointment. In the written statement jointly filed by the two defendants/respondents not only the bar of limitation was pleaded, it was expressly pleaded that in view of the provisions of Sections 55 and 59 of the Madhya Pradesh Vishwavidyala Adhiniyam, 1973, for short, the 'Adhiniyam', Civil Court's jurisdiction to determine the "dispute" being barred, the suit was not maintainable. On merits too, claim of plaintiff/appellant was rebuffed and his contention also repelled on facts that appointment of defendant/respondent No. 2 was invalid.

(3.) Although a large number of issues were struck, as many as thirteen, by the impugned order, passed on 25.8.86, decision was rendered on issue No. 12 only, holding the suit to be barred by Sec. 59 of the Adhiniyam which has given rise to this appeal. It is necessary accordingly to extract in extent Sec. 59.