GANESH DAS CHAWLA Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, the petitioner Ganesh Das Chawla has challenged the resolution of the syndicate of the University of Jodhpur dated 25th October, 1975 marked Ex. R/6, by which the services of the petitioner as Lecturer in the Department of Mining Engineering were terminated. The resolution reads as under: - "279. Reviewed the case of Shri G. D. Chawla, Lecturer in Mining Engineering Department in general and the Syndicate resolution 459 dated 9th December, 1972 in particular. Resolved that the service of Shri G. D. Chawla, Lecturer in the Department of Mining Engineering is terminated with immediate effect and salary for one month be paid to him and the syndicate be informed. This decision is in supersession of syndicate resolution No. 459 dated 9-12-72 and any other decision of the Syndicate which might have been taken on the subject. Dr. Alam Singh dissented" It may now be relevant to state a few facts which led to the passing of the impugned resolution.

(2.) THE petitioner who is B. Sc. Metallurgy Engineering and was formerly appointed as Metallurgist in Vijai Metal Works, Kanpur, was appointed temporarily as Lecturer Metallurgy in the University of Jodhpur vide appointment order Ex. 1 dated 16th September, 1965. THEreafter the petitioner appeared before the selection committee in the years 1965 and 1967 alongwith other candidates, but the Selection Committee did not approve of any candidate for the post of Lecturer in Assaying and Metallurgy with the result that the petitioner continued in the post as a temporary Lecturer. Subsequently by an order dated 14/15th September, 1972 (Ex. 2), the Registrar of the University of Jodhpur informed the petitioner that his services would not be required with effect from 20th October, 1972. But only four days after that, the term of the petitioner was extended to October 31, 1972 vide letter dated 19th September, 1972 marked Ex. 3. Apprehensive about his future, the petitioner approach-ed the Syndicate against the order of termination of his services and the Syndicate in its meeting held on 21th October, 1972 decided that the term of the petitioner's appointment be extended till further orders or till some alternative arrangement was made whichever is earlier. THE petitioner was informed of this decision by the Syndicate vide Registrar's letter dated 30th October, 1972 marked Ex. 3a. It further appears that the resolution of the Syndicate dated 29th October, 1972 was modified on 9th December, 1972 as under: - "resolved that the notice issued to Shri G. D. Chawla, temporary Lecturer in the Mining Engineering Department terminating his Service with effect from 31st October, 1972 (A. N.) be withdrawn and his services be continued on the temporary basis beyond this till further order. In the meantime, the post be advertised so that Shri Chawla is able to face the selection Committee. " THE petitioner's case is that the Senate of the University of Jodhpur which is the Supreme body in the University passed the following resolution of 10th May, 1975 on the basis of the Syndicate's resolution dated 9th December, 1972. THE relevant ex-tract of this resolution of the Senate has been placed on record by the petitioner and is marked Ex. 3 B. "in view of the Resolution No. 459 dated 9. 12. 72 of the Syndicate, Shri G. D. Chawla's appointment he continued till be faces a regular selection committee. "

(3.) THE word "noted" has been defined in Chamber's 20th Century Dictionary as "marked". In Oxford English Dictionary Vol. III the word "noted" has been defined to mean "that is specially noticed, observed or marked".