S DUTT Vs. VISITOR OF UNIVERSITY OF DELHI

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India which has been referred to a larger Bench in view of the nature of the points canvassed.

(2.) In 1944 the petitioner was appointed as a Professor of Chemistry in the University of Delhi. Consequent upon the appointment of Dr. Sashdri to the Chemistry Department where he was made the Head in 1949 certain disputes arose between the petitioner and the University which led to Civil litigation and certain other proceedings which it is unnecessary to mention. On 25th April, 1951 the services of the petitioner were dispensed with. The petitioner applied under Section 45 of the Delhi University Act, 1922 (hereinafter to be referred to as the Act) for a reference of the disputes between him and the University to a Tribunal of arbitration. No member of the Tribunal having been appointed on behalf of the University under the aforesaid section, Dr. M.N. Saha the member nominated by the petitioner, gave a decision on 17th June 1953 holding inter alia that the petitioner had been acting as the Head of the Chemistry Department till the 6th July 1949 and that his removal from Headship as also his dismissal later were unlawful and illegal. Dr. Saha, however, proceeded to give a declaration that the petitioner was still a Professor in the University. In August 1953 the University filed objections to the award of the Arbitration Tribunal. In May 1954 the award, excepting a small portion thereof, was made a rule of the Court. The matter having been taken in appeal was ultimately decided by a Bench of this Court vide University of Delhi v. Dr. S. Dutt, 1956 58 PunLR 182. It was held that the appointment of Dr. Saha as the sole Arbitrator was valid but the appeal was allowed. Then following portion from the concluding part of the judgment of my Lord Falshaw (as he then was) may be set out :

(3.) On 21st June 1955 the petitioner addressed a communication to the Ministry taking up the position that the Ministry of Education had no powers under the Act to take any action in the matter and the powers which had been invoked vested under Section 7-A in the Visitor alone which could not be delegated by him to anyone. The appeal to the Supreme Court was decided on the 3rd April, 1958, the decision being reported as Dr. S. Dutt v. University of Delhi, 1958 AIR(SC) 1050 The judgment of this Court was affirmed.