Bhagwati, J. - (1.) We pronounced our order on this appeal on 17th December, 1976 and we now proceed to give our reasons. We may point out that the respondent was not represented by a lawyer and he argued his case in person and though he is a lay man, not well versed in the science of law and in the art and skill of advocacy, we must admit that he argued his case with conspicuous ability.
(2.) Prior to 5th September, 1969 there was only one University for the entire territory of the State of Jammu and Kashmir namely, the University of Jammu and Kashmir. It was constituted under the Jammu and Kashmir University Act, 1965 (hereinafter referred to as the Act of 1965) and, as provided in Section 20, its central authorities included the Senate and the Central Council. The Central Council was the executive body of the University and it had the power inter alia to appoint teachers and to define their duties. The respondent was appointed as a lecturer in English by the Central Council on 25-4-1966 and after his period of probation was over he was confirmed as lecturer with effect from 29th April, 1967. The conditions of service of the respondent like those of other confirmed teachers, were regulated by the Statutes made by the Senate from time to time under the provisions of the Act of 1965. Statute 2 provided that every salaried teacher of the University shall have to execute a written contract with the University and the conditions of service of teachers appointed by the University shall be those embodied in the agreement of service annexed to the Statutes and every teacher shall execute such agreement before he enters upon his duties or as soon as possible thereafter. It appears that though Statute 2 required an agreement of service to be executed by a teacher, no such agreement of service was executed by the respondent on his appointment as lecturer. But it was common ground between the parties that the conditions of service of the respondent were governed by the provisions set out in the form of agreement of service annexed to the Statutes. Clause (6) of this agreement - and this clause admittedly governed the respondent - stipulated that in all matters, the teacher would "abide by the Statutes and Regulations from time to time in force in the University, and in particular, by those determining his/her grade, increment, conditions of service, rules of superannuation and provident fund rules, provided that no change in the Statutes and Regulations in this regard shall be deemed to have adversely affected the teacher." The respondent was thus clearly bound by any changes which might be made in the Statutes from time to time and no change made in the Statute was to be regarded as having adversely affected the respondent and he could not complain against it. The case of the respondent was that he satisfactorily carried on his duties as lecturer and earned his increments from year to year.
(3.) On 5th September, 1969 the Governor of Jammu and Kashmir promulgated Ordinance No. 10 of 1969 establishing in place of the University of Jammu and Kashmir, two separate universities, namely, the University of Kashmir for the Kashmir division and the University of Jammu for the Jammu division of the State. This Ordinancee was replaced by the Jammu and Kashmir Universities Act, 1969 (hereinafter referred to as the Act of 1969) which came into force on 30th October, 1969. The Act of 1969 made a slight departure from the earlier Act in the constitution of the various authorities of each University. Section 20 of the Act of 1969 provided that the authorities of each university shall include the University Council and the Syndicate. The University Council was constituted supreme authority of the university while the Syndicate was entrusted with the chief executive authority. Whereas under the earlier Act, the power to appoint all teachers of the University was entrusted to the Central Council there was bifurcation of this power between the University Council and the Syndicate under the Act of 1969. The University Council was given the power to appoint teachers of the status of a reader and above while the power to appoint teachers below the status of a reader was entrusted to the Syndicate. The Syndicate was thus the authority under the Act of 1969 vested with the power to appoint and that power would also carry with it the power to dismiss teachers below the status of a reader. Since the University of Jammu and Kashmir came to an end on the repeal of the Act of 1965 and two new universities, one of Kashmir and the other of Jammu were established, some provision had to be made in the Act of 1969 for continuance of the Statutes and Regulations so that there might be no hiatus or break causing dislocation in the functioning of the two new universities. Section 51 of the Act of 1969, therefore, provided that all Statutes and Regulations made under the Act of 1965 and in force immediately before the commencement of the Act of 1969 shall so far as may be consistent with the provisions of the latter Act, continue to be in force in each University and Section 48, sub-section (2) gave power to the special officer to "examine the Statutes and Regulations continued under Section 51 of this Act and propose such modifications, alterations and additions therein as may be necessary to bring such Statutes and Regulations in conformity with the provisions of this Act" and provided that the modifications, alterations and additions proposed by the Special Officer shall, if approved by the Vice-Chancellor, be deemed to have been made by the competent authority under the Act of 1969 and shall continue in force until altered or superseded by the authority constituted under the Act of 1969. There was also the problem of ensuring continuance of service of the existing employees of the University of Jammu and Kashmir and their allocation between the two succeeding universities and this problem was solved by the enactment of Section 52 in the Act of 1969. That section, in so far as material, provided as follows: "52. Continuance of service of the existing employees and their allocation - Notwithstanding anything contained in this Act or any Statute or Regulation made thereunder or in any other law for the time being in force. (1) all employees of the University of Jammu and Kashmir constituted under the Jammu and Kashmir University Act, 1965 (other than those serving on contract or on deputation in the University or those serving in the Publication Bureau of the University) who immediately before the commencement of this Act, were holding or discharging the duties of any post or office in connection with the affairs of the said University shall subject to the provisions of sub-section (2), continue in service on the same terms and conditions as regulated their service before such commencement; (2) the Chancellor may in consultation with the Pro-Chancellor by order allocate the employees of the University of Jammu and Kashmir (other than those serving on contract or deputation in the University or those serving in the Publication Bureau of the University) between the University of Kashmir and the University of Jammu constituted under this Act in such manner as he may consider necessary and every such allocation shall be deemed to be an appointment, transfer or promotion as the case may be, to the post or office by the competent authority under this Act; Provided that in making such allocations the conditions of service of employment of such employees shall not be varied to their disadvantage; (3) ********** (4) all persons who immediately before the commencement of this Act were holding or discharging the duties of any post or office in connection with the affairs of the University of Jammu and Kashmir, on contract basis or by virtue of their deputation to such posts or offices from other services in the State, unless otherwise ordered by the Chancellor after consulting the Pro-Chancellor, shall cease to hold such posts or to discharge such duties after 60 days from the commencement of this Act and all such contracts with or deputations to the University of Jammu and Kashmir shall stand terminated with effect from the expiry of the said period of 60 days." Since most of the teachers had entered into an agreement of service with the University of Jammu and Kashmir as provided in Statute 2 and the rest were also treated as having entered into such agreement of service by reason of the compulsive force of Statute 2 though in fact such agreement of service had not been executed by them, perhaps due to inadvertence, the Chancellor took the view that all of them held their posts on contract basis and hence, proceeding on the assumption that sub-section (4) of Section 52 was attracted in their case, he made an order dated 24th December, 1969 directing that the appointments of the teachers set out in Schedule (1), which also included the respondent shall continue on the respective posts mentioned in that schedule on the terms and conditions embodied in Schedule II with effect from 9th January, 1970. Schedule II contained the terms and conditions on which teachers mentioned in Schedule I were continued in service of the University of Jammu and clause 9 (ii) of that Schedule read as follows: "The Vice-Chancellor may when he deems it necessary suspend the teacher on grounds of misconduct insubordination, inefficiency or unsatisfactory performance of duty, when he suspends the teacher he shall report it to the university Council/Syndicate at the next meeting." The respondent and some other teachers were of the view that the terms and conditions set out in Schedule II effected a change in their conditions of service of their prejudice and service to their prejudice and hence they made a representation to the Chancellor and other authorities of the University of Jammu. It does not appear from the record as to what happened to this representation but presumably it was rejected.;