V K SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition was filed in the year 1998, seeking a declaration to the effect that Sub Section(5) of Section 21 of the Kurukshetra University Act, as amended vide Kurukshetra University (Amendment) Act, 1997 (hereinafter referred to as the Act) is ultra-vires of Article 14 of the Constitution of India. Further prayer is that consequent notification dated 08.01.1998 issued thereto be also quashed.

(2.) In order to understand the implication of Section 21(5) of the Act; issuance of notification and how the notification dated 08.01.1998 prejudicially affects the rights of the petitioners herein, we will have to go back in time to trace the events leading to the aforesaid amendment in Section 21 of the Act whereby Sub Section (5) was inducted and the notification dated 08.01.1998 was issued.

(3.) The petitioners herein joined as teachers in University College and University College of Education, Kurukshetra. Both these colleges are being maintained by the Kurukshetra University (hereinafter referred to as the University). The University has its various departments with faculties as well and teachers appointed therein are known as University teachers. Since the aforesaid two colleges, namely, University College and University College of Education, Kurukshetra are the colleges, teachers working therein are classified as 'college teachers'. Apart from these two colleges, which are maintained by the University itself, there are various private colleges aided and affiliated with the University known as affiliate colleges and the teachers working in those colleges are also described as 'college teachers'.