BHAGWAT PRASAD SAO Vs. RAVISHANKAR UNIVERSITY

JUDGEMENT

(1.) THIS is a writ petition by Bhagwat Prasad Sao questioning the validity of his termination of service as Principal of a private College.

(2.) THE facts, in brief, are these-By its letter of appointment dated 25/27-7-1966, Badri Prasad Education Society, Arang, registered under the M. P. Non-Trading Corporations Act, 1962, temporarily appointed the petitioner to be the Principal of Badri Prasad Arts and Commerce College, Arang, run by it. THE appointment was subject to approval of the Ravishankar University to which the College is affiliated and of the Governing Body of the College.

(3.) THE University by its letter dated 7-12 1968 declined to interfere in the matter on the ground that there was no legal basis for such interference. Meanwhile, the Committee of Enquiry appointed by the University to go into the affairs of the Society-on the complaint of the petitioner pointing out various irregularities in its working, reported that the Governing Body was not duly constituted as two of its members, B. L. Choube and Rudra Saheb Guru- swami, had not been nominated by the Society. That defect in its constitution was, however, removed as their appointment subsequently was approved by the Society. THE petitioner then by his letter dated 18-12-1969 invoked clause 8 of the College Code, and wanted a reference of the dispute to a Tribunal for arbitration. THE University by its letter dated 14-1-1970, declined to constitute a Tribunal stating that the College Code was made applicable w. e. f. 29-11-1968, while the services of the petitioner were dispensed with on 1-7-1968, i. e., prior in point of time.