S.R.Singh, D.R.Chaudhary, JJ. - (1.) Heard Sri Pramod Jain appearing for the petitioner, standing counsel representing the State. Sri Vivek Chaudhary for Vice-Chancellor and Sri Shailendra representing the respondent No. 4 Dr. V. B. Chauhan. Since we are not interfering with the impugned order, it is not necessary to issue notice to Committee of Management and the Director, Anti-Corruption Branch. C.B.I, arrayed herein as respondent Nos. 3 and 5 respectively.
(2.) The writ petition is directed against the office memo dated 17.6.2000 by which the service of the fourth respondent has been extended upto 30.6.2001, it is not disputed that the fourth respondent was born on 2.7.1940 and as such, he attained the age of superannuation on 2.7.2000. The services of the petitioner, however, stood extended upto 30.6.2001 under Statute 17.15 of the First Statutes of the University of Meerut. The college in question is affiliated to the said University. Statute 17.15 being relevant to the controversy is quoted hereundrr : "17.15. No extension in service beyond the age of superannuation shall be granted to any teacher after the date of commencement of these Statutes : Provided that a teacher (i) whose date of superannuation does not fall on June 30 ; or (ii) whose date of birth is July 1 and who having been employed from before the commencement of these Statutes continues to be in service as such on the date of commencement of the Meerut University (Twenty second Amendment) First Statutes, 1985 ; shall continue in service till the end of the academic session, that is, June 30 following, and will be treated as on re-employment from the date immediately following his superannuation till June 30 following."
(3.) The question is whether the benefit of Statute 17.15 could be given to the Principal of an affiliated college. Section 2 (18) of the State Universities Act. 1973, defines "teacher" to mean, "a person employed (for imparting instructions or guiding or conducting research in the University or in an institute or in a constituent, affiliated or associated college) and includes a Principal or a Director". By this reckoning, Principal of an affiliated college would be deemed to be a 'teacher' and, therefore, he was entitled to get the benefit of Statute 17.15 and. accordingly, to continue in service till the end of academic session, i.e., to say till 30th June following the date of his superannuation. No resolution of Committee of Management is required to be passed in this regard inasmuch as the extension in service and re-employment lakes place by operation of law and the petitioner will be treated as "re-employment from the date immediately following his superannuation till June 30, following.";