BHOLURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER by this writ petition has prayed that the notice of termination dated 6th December 1981 (Anx. 2) of the services of the petitioner may be quashed and respondent College in turn may be directed not to effect the termination of the services of the petitioner. It is also prayed that the Director College Education be restrained from insisting upon the termination of the services of the petitioner by resorting to the mechanism of denying grant -in -aid to the said college against the post of the petitioner.

(2.) THE post of the Lecturer in Physics was advertised by the respondent Bhupal Noble College. Petitioner applied for the same and he was selected by the selection Committee which included the representative of the University of Udaipur. In pursuance of this selection, petitioner was appointed as a lecturer in Physics by the order dated 26th November 1969, copy thereof has been placed on the record as Anx. 1. It is alleged that the petitioner was also confirmed on the post in the year 1971. By notice dated 6th August 1981 petitioner was informed that after 3 months his services shall be terminated i.e. on completion of 3 months i.e. with effect from 5th November, 1981. As per the direction of the Director College Education Rajasthan Jaipur vide his communication dated 31st July 1981, that on account of the reduction in the work load, therefore, Government declined to grant the grant -in -aid against the post of the petitioner. Therefore, the aforesaid notice was served by the respondent No. 4 Bhupal Noble College to the petitioner. It is submitted that Bhupal Noble College Udaipur is affiliated to the University of Udaipur and according to Section 3(3) of the Udaipur University Act 1962 all the colleges situated in the limits of Municipal limits of Udaipur shall be affiliated with the Udaipur University and entitled to the privileges of University provided they are eligible for same in accordance with the condition laid down in the statute. It is submitted that as Bhupal Noble College, Udaipur is creature of the University of Udaipur and it has to a bide by the norms laid down by University. The work load of teachers of the University of Udaipour has been determined and according to that the lecturers have to take 21 periods in one week. Therefore, it is submitted that according to the requirement of the College the incumbent is required to take 21 periods and if the work load is assessed on that basis then there is no need to effect the retrenchment of lecturers on account of reduction of the grant in aid by the Government. According to the norms of the Government of Rajasthan practical period has to be treated as 2/3 of theory paper whereas University of Udaipur has treated one period of theory. It is submitted that in Inspection Report by computing practical period as 2/3 of theory period the work load has been worked out which is not correct. In these circumstances, it has been submitted that the service condition of the duly selected candidate should not be made to fluctuate at the mercy of the increase and decrease of the students in the Colleges that will result into a very anomalous position and on account of some lean admission in a particular academic session. The service conditions of the teachers should not be made dependent on variation of strength of students in the College. As in the next year the strength may increase and it may warrant increase in the strength of the teaching staff of the College. It is submitted that this will create a very difficult situation for the teaching staff and the service condition of teaching staff cannot be allowed to suffer on this count.

(3.) I have heard both the learned Counsel and perused the record.