PUNJAB UNIVERSITY Vs. KHALSA COLLEGE AMRISTAR

JUDGEMENT

(1.) The Khalsa College, Amristar, in a petition under Art. 226 of the Constitution of India Challenged the validity of Rr. 9, 10, 15 and 17 of the Regulations governing the service and conduct of teachers in non-Government affiliated Colleges framed by the Punjab University. A learned Single Judge of this Court has struck down Rule 17 holding it to be beyond the competence of the Punjab University but upheld the validity of the other three impugned rules. Feeling aggrieved by this Judgment, dated 29th March, 1968, both the Punjab University and the Khalsa College, Amristar, have preferred cross-appeals (L. P. A. Nos. 285 and 359 of 1968) under Clause (x) of the Letters Patent.

(2.) The relevant rules are found in Chapter III (A) of Part E of the Punjab University Calendar Volume 1. They are among the rules that govern conditions of service and conduct of teachers in non-Government Colleges affiliated to the University. The provision for making such rules, which are also called Regulations, is to be found in Section 31 of the Punjab University Act, 1947 (hereinafter referred to as the Act). Sub-section (1) thereof provides:

(3.) Rule 17, which has been struck down by the learned Single Judge, enjoins upon the management of non-Government affiliated College to grant at the time of retirement of a teacher, or on his death, to his nominee or nominees, for efficient and faithful service a gratuity calculated in the manner stated therein, in addition to the benefits given under the Provident Fund Rules. The learned Single Judge has found that rule for payment of gratuity cannot be made by the University either under its general power to frame regulations under sub-section (1) of S. 31 of the Act that has been reproduced above, or under Cls. (t) and (u) of sub-section (2) of S. 31, on which reliance was placed on behalf of the University. Clause (u) provides for