JANTA VIDYA MANDIR GANPAT RAI RASIWASIA COLLEGE Vs. KURUKSHETRA UNIVERSITY THROUGH ITS REGISTRAR AND ORS.

JUDGEMENT

(1.) THE Petitioner, Janta Vidya Mandir Ganpat Rai Rasiwasia College, a registered institution through the President of its. Managing Committee, has filed the present petition under Articles 226 and 227 of the Constitution of India against the Kurukshetra University through its Registrar, Vice -Chancellor of the Kurukshetra University and Lajpat Rai Singhal. The admitted facts of the petition are as under:

(2.) SHRI Lajpat Rai Singhal, Respondent No. 3, was appointed as Senior Lecturer in Physics by the Petitioner and his services were terminated on 18th April. 1974. The reason given in' the termination order was that since B. Sc. (Medical and non -Medical) classes were closed with effect from the Session 1974 -75, his post was rendered surplus. Respondent No. 3 filed an appeal under Regulation 12.2 of Chapter VIII -E of the Punjab University Calendar, 1973, Volume I, to the Panjab University against his termination order. The Panjab University directed the Petitioner not to terminate the services of Respondent No. 3 and sent a letter to this effect to the Management, but the Petitioner did not agree to the same. In the meanwhile, all the colleges affiliated to the Panjab University situate in the territory of Haryana State were transferred to the Kurukshetra University by a notification of Haryana Government with effect from 30th June, 1974. The Panjab University consequently informed the same to Respondent No. 3 on 2nd July, 1974, that on account of the peculiar situation arising out of the notification, it is not possible to appoint Arbitration Committee as it has no longer jurisdiction over the Petitioner's college and thus the appeal of Respondent No. 3 was sent by the Panjab University to the Kurukshetra University for appropriate action in the matter. On 25th July, 1974, Respondent No. 3 represented to the Kurukshetra University that his case be looked into and decided. The Ruru -kshetra University sent a letter addressed to the Principal of the Petitioner's college enclosing therewith a copy of the representation made by Respondent No. 3 asking the Petitioner to give comments within seven days. The Petitioner sent the comments on 20th August, 1974, that since the appeal was not filed within the time prescribed by Regulation 12.2 of Panjab University Calendar, Volume -I, Chapter VIII -E, the order of termination of his service has become absolute and cannot be looked into; that Karya -Samiti (Executive Council) formed under the Kurukshetra University Act, 1956 (hereinafter briefly referred to as 'the Act') adopted the recommendations of the Vice -Chancellor of their University on 17th April, 1974, as under:

(3.) THE learned Counsel for the Petitioner has raised following four conditions: