MAHENDRA KUMAR SHARMA Vs. JIWAJI UNIVERSITY GWALIOR

JUDGEMENT

(1.) THE petitioner Mahendra Kumar Sharma, who was an Upper division Clerk in the Jiwaji University by this petition under Article 226 of the constitution calls into question the order dated 6th January 1971 passed by the registrar of the University dismissing him from service.

(2.) THE petitioner has based his challenge to the order of dismissal on clause 18 of an Ordinance of the Vikram University which provides for conditions of service of University employees. The petitioner claims that this ordinance was adopted by the Jiwaji University as a regulation and that the conditions of his employment were statutorily regulated by the Ordinance read as a regulation. The petitioner contends that the order of dismissal was invalid and void and that he still continues in service because before passing the said order no "proper enquiry" was held into the charges levelled against him as is required by clause 18 of the Ordinance. In support of this contention the petitioner relies upon the case of K. N. Mishra v. The Vice Chancellor, jiwaji University (Mise. Petition No. 47o of 1967, decided on the 23rd April 1970.) which was decided by a Division Bench of this Court.

(3.) WHEN the present petition came up for hearing before another Division Bench of which one of us (Raina J ) was a member the correctness of the ruling in K. N. Mishra's case was assailed and it was argued on the basis of the decision of the Supreme Court in U. P. S. W. Corporation, Lucknow v. C. K. Tyagi (AIR 1970 SC 1244.) that Regulations made by the University laying down conditions of service cannot be said to impose any statutory obligation on the University and the dismissal of the petitioner cannot be held to be void even if it was in breach of any regulation. In view of this argument the Division Bench referred this petition to a larger Bench. This is how the petition has come up before this full Bench.