- (1.) The Madurai Kamaraj University is in appeal by special leave. The respondent was professor and head of the department of Modern History in the University having joined such post in 1970. The Syndicate of the University took a decision on 7-4-1984 which runs thus : "the Syndicate at its meeting held on 7-4-1984 considered the question of continuance of the services of Dr. K. Rajayyan, professor of Modern History, beyond the age of 55 years and resolved as follows : 'It is seen from the reports of Dr. M. J. Koshy dated 29-6-1983 and of the Discipline Committee of the Syndicate dated 19-1-1984 relating to the Ph. D. thesis on 'History of Arcot under Nevayats and Wallajah Nawabs ( 1700-1801)' of Thiru P. Sarveswaran that the thesis is not his original work and contains a number of passages and paragraphs copied verbatim from the book "History of Madurai 1936-1801" by Dr. K. Rajayyan. Dr. K. Rajayyan as supervisor of the thesis had certified that the thesis is the original work of Thiru P. Sarveswaran. This conduct of Dr. K. Rajayyan is reprehensible and has brought disrepute to the University in having led to the acceptance of the thesis and award of the degree of Ph. D. to Thiru P. Sarveswaran. Considering these facts and his past antecedents it is not in public interest to continue his services. In these circumstances, it is resolved that the services of Dr. K. Rajayyan be not continued beyond 55 years of age under S. 7 of Chap. VII read in conjunction with Ordinance 29 of Chap. XXIV of the Madurai Kamaraj University Calendar Volume I.' Accordingly Dr. K. Rajayyan is relieved of his post as Professor of History with effect from 7-4-1984. Dr. S. Manicka, Reader in the School will take charge of the School from him immediately." Pursuant to the resolution, the respondent was relieved from service on 7-4-1984 and he assailed the decision of the University by filing a writ petition before the Madras High Court. The learned single Judge after hearing parties came to the conclusion that the decision of the University was appropriate and the writ petition was dismissed. The respondent carried on appeal to the Division Bench of the Court challenging the order of the learned single Judge and that appeal was allowed by holding that the respondent was entitled to be in service till he attained the age of 58 years. When special leave was granted in this Court, an order staying the operation of the appellate judgment of the High Court was made on condition that the respondent would be paid all his emoluments including arrears due to him in case he had been reinstated.
(2.) Under the Madurai University Act, 1965, the Senate is the highest authority and the executive power to administer the University is vested in the Syndicate subject to the overall control of the Senate. Section 20 of the Act authorises the Syndicate to make Ordinances to prescribe inter alia conditions of service of teachers and other employees of the University. Ordinance 29 in Chapter XXIV laying down the conditions of service of the employees of the University provided thus : "The date of compulsory retirement of a University servant in superior service shall be the date on which he attains the age of 55 years. He shall not be retained in service after that age except on public grounds, with the sanction of the Syndicate, which must be recorded in writing but must not be retained after the age of 60 years provided that this will not affect the extension of services or reemployment already sanctioned by the Syndicate."
(3.) Statute 7 of Chap. VIII makes provision for University Professors, Teachers and Lecturers. Statute 7 provides : "Except in the case of experienced men who have already gained distinction in their subject and who have (been) appointed as Professors, appointments shall be in the first instance for a period of two years and shall be subject to confirmation at the end of that period. Thereafter the appointment shall be permanent, subject to age limit which shall be 60 years. Subject, however, who have been physically fit after the age of 55 years and subject to the provisions of law 5 and subject to Statute 29 of Chapter XXIV. A "Member of the teaching staff may be permitted to retire after attaining the age of 55 years on proportionate pension.";