D C JAIN Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 of the Constitution filed by one Dr. D. C. Jain questioning the validity of a resolution of the Syndicate of the Jodhpur University No. 174 dated 21/22/23rd November, 1973 and seeking an appropriate writ, direction or order.

(2.) THE writ petition is as equal to an earlier writ petition filed by Dr. D. C. Jain No. 1723 of 1973 against the University and Shri S. C. Thanvi, respondent No. 2, for a writ of quo warranto. THEre was a stay application moved in that writ petition by the petitioner Dr. D. C. Jain restraining the University from continuing Shri S. G. Thanvi as Professor and Dean in the Faculty of Law after his retirement on 9-10-74. THE University opposed the stay application and in its reply to that stay application took the stand that in view of the aforesaid resolution of the Syndicate there would be no need to pass any order for continuing Shri S. G. Thanvi as Professor in the Faculty of Law, but in terms of the resolution there would be an automatic extension of his tenure as Professor of Law till the end of the current academic session. THE resolution was passed on the recommendation of the Academic Council and the resolution of the Academic Council ran as follows: - "resolved to recommend that in future any teacher whose date of retirement falls due during the middle of the academic session may be permitted to continue as a matter of course in service of the University upto the end of the Sessions Provided that notwithstanding the above, no teacher shall be retained in service under any circumstances beyond the age of 65 years. " This resolution of the Academic Council was approved by the Syndicate

(3.) THE Jodhpur University Act, 1962 became law on 12-6-62. THE powers of the University are defined by sec. 4. THEy are of general nature and cover the entire range of the activities of the University. Sec. 9 lays down as to who would be the Officers of the University; they are: (1) Chancellor, (2) Vice-Chancellor, (3) the Registrar, (4) the Deans of the Faculties, and (5) such other persons in the service of the University as may be declared by the Statutes to be officers of the University. Sec. 10, inter alia, lays down that the Governor of Rajasthan shall be the Chancellor and he shall be by virtue of his Office the Head of the University and shall, when present thereat, preside over the Senate and at convocations of the University. Sec. 11 lays down that the Vice-Chancellor shall be a whole time paid officer of the University and further how he will be appointed and what would be his conditions of service. Sec. 12 defines the powers and authorities of the Vice-Chancellor and I may read this section: - "s. 12. Powers and authorities of the Vice Chancellor- (l) THE Vice-Chancellor shall be the principal executive and academic officer of the University, and shall, in the absence of the Chancellor, preside at meetings of the Senate and at any convocation of the University. He shall be an ex. officio member and Chairman of the Syndicate and the Academic Council He shall have the right to speak in and to take part in the proceedings of, the meetings of any other authority or body of the University but shall not, merely by virtue of this subsection, be entitled to vote thereat. (2) It shall be the duty of the Vice-Chancellor to ensure the faithful observance of the provisions of this Act, the Statutes and the Ordinances and he shall, without prejudice to the powers of the Chancellor, possess all such powers as may be necessary in that behalf. (3) THE Vice Chancellor shall have power to convene meetings of the Syndicate, the Senate and the Academic Council: Provided that he may delegate this power to any other officer of the University. (4) THE Vice- Chancellor shall exercise general control over the affairs of the University and shall be responsible for the due maintenance of discipline therein. (5) In any emergency, when, in the opinion of the Vice-Chancellor, immediate action is required, the Vice-Chancellor shall take such action as he may deem necessary and shall at the earliest opportunity, report the action taken to the officer, authority, or body who or which in the ordinary course would have dealt with the matter, but nothing in this sub-section shall be deemed to empower the Vice-Chancellor to incur any expenditure not duly authorised and Provided for in the budget. (6) Where any action taken by the Vice Chancellor under sub sec. (5) effects any person in the service of the University to his disadvantage such person may prefer an appeal to the Syndicate within fifteen days from the date on which the action so taken is communicated to him Provided that the Syndicate may entertain an appeal under this subsection after the expiry of the period of limitation prescribed by the same, if it is satisfied that there were sufficient grounds for the applicant being unable to file the appeal within such period. (7) Subject to the provisions contained in sub-sec. (5) and (6), the Vice-Chancellor shall give; effect to the orders of the Syndicate regarding the appointment, suspension, removal or dismissal of officers and teachers of the University. (8) THE Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes and the Ordinances. " THE authorities of the University are as laid down in sec 14 (1 ). THEy are: (1) the Senate, (2) the Syndicate, (3) the Academic Council, (4) the Finance Committee, (5) the Faculties, (6) the Committees of Courses & Studies and such other authorities as may be declared by the Statutes to be the authorities of the University. Sec. 15 lays down that the Senate shall be the supreme authority of the University and shall have the power to review the acts of the Syndicate and the Academic Council and shall exercise all the powers of the University not otherwise provided for by this Act or the Statutes. This section further gives the constitution of the Senate with which we are not concerned at the moment. Sec. 16 lays down that the Syndicate shall be the executive body of the University and shall consist of the persons indicated therein. Sec. 17 provides that the Academic Council shall be the chief academic body of the University and shall subject to the provisions of this Act, the Statutes and the Ordinances have the control and general supervision and be responsible for the maintenance of standards of instruction, education and examination within the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Syndicate on all academic matters. THE constitution of the Academic Council and the term of office of its members other than ex officio members shall be prescribed by the Statutes. Sec. 22 lays down how the Statutes are made and with it we are not concerned at the moment. Sec. 24 lays down how the Ordinances shall be made. It is provided that Ordinances shall be made by the Syndicate, but no such Ordinance shall take effect until it has been approved by the Chancellor after considering the views of the Senate. THE proviso to this section is not important and I may not read the other provisions of this section, as they are not relevant for the purpose in hand. Sec. 25 provides that the authorities of the University may make regulations consistent with this Act, the Statutes and the Ordinances. THE regulations are, by and large, to make provision for procedural matters for the meetings of the various bodies and for keeping of the record of such meetings. Sec. 35 provides for conditions of service of the salaried officers and teachers of the university. It provides that every salaried officer and teacher of the University shall be appointed by means of a written contract. THE contract shall be lodged with the Registrar of the University and a copy thereof shall be furnished to the officer or teacher concerned.