Case Note & Summary
The appellant, Lal Bahadur Gautam, was a lecturer in a private unaided college affiliated to Chaudhary Charan Singh University, Meerut, governed by the Uttar Pradesh State Universities Act, 1973. His services were terminated on 24.04.2017. He challenged the termination before the High Court, which dismissed the writ petition as not maintainable against a private unaided college. The Supreme Court granted leave and heard the appeal. The appellant argued that the termination violated Section 35(2) of the Act, which mandates prior approval of the Vice-Chancellor before dismissal. An earlier termination on 04.06.2015 had been set aside by the Vice-Chancellor on 16.07.2016 for lack of such approval, and the college had accepted that order and conducted departmental proceedings. The respondent college contended that the writ petition was not maintainable as the college was not 'State' under Article 12, and there was a simple master-servant relationship. The Supreme Court held that the college, being affiliated to the university, was bound by the Act. The Vice-Chancellor's earlier order had attained finality, and the college could not accept its benefit while ignoring the mandatory procedure. The fresh termination was again without prior approval and thus invalid. The Court also criticized the respondent's reliance on a judgment under the repealed Agra Universities Act, 1926, which had no similar provision, calling it a waste of judicial time and emphasizing the duty of counsel to be accurate. The appeal was allowed, the termination set aside, and the appellant was directed to be reinstated with continuity of service and 50% back wages.
Headnote
A) Service Law - Termination of Teacher - Prior Approval of Vice-Chancellor - Section 35(2) of the Uttar Pradesh State Universities Act, 1973 - The termination of a lecturer by a private unaided college affiliated to CCS University was held invalid as no prior approval of the Vice-Chancellor was obtained. The college having accepted the earlier order of the Vice-Chancellor setting aside termination and granting liberty to hold departmental proceedings, could not ignore the mandatory requirement of Section 35(2) for the fresh termination order. Held that the termination was patently unsustainable (Paras 6-8). B) Constitutional Law - Maintainability of Writ Petition - Private Unaided College - Article 12 of the Constitution of India - The High Court's order dismissing the writ petition as not maintainable against a private unaided college was set aside as cryptic and non-speaking, without considering the statutory provisions of the Act. The Supreme Court did not finally decide the maintainability issue but allowed the appeal on merits (Paras 5, 8). C) Legal Ethics - Duty of Counsel - Reliance on Repealed Act - The respondent's counsel relied on a judgment under the repealed Agra Universities Act, 1926, which had no similar provision as Section 35(2) of the 1973 Act. The Court deprecated this practice as a waste of judicial time and emphasized the duty of counsel to verify and present correct law (Paras 9-12).
Issue of Consideration
Whether termination of a lecturer by a private unaided college affiliated to a university is valid without prior approval of the Vice-Chancellor under Section 35(2) of the Uttar Pradesh State Universities Act, 1973, and whether a writ petition is maintainable against such college.
Final Decision
Appeal allowed. Impugned order of High Court set aside. Termination order dated 24.04.2017 quashed. Appellant directed to be reinstated with continuity of service and 50% back wages. Observations made regarding duty of counsel to verify law before citing.
Law Points
- Section 35(2) of the Uttar Pradesh State Universities Act
- 1973 requires prior approval of Vice-Chancellor before dismissal of a teacher
- order of Vice-Chancellor setting aside earlier termination attained finality and bound the college
- reliance on judgment under repealed Act is misplaced and constitutes waste of court time.
