- (1.) Heard Sri R.N. Singh, Senior Advocate, appearing for the petitioners, Sri P.S. Baghel, Senior advocate, for the University of Allahabad and Sri M.C. Chaturvedi, Chief Standing Counsel assisted by Sri Y.S. Bohra, Additional Chief Standing Counsel and Dr. Y.K. Srivastava, Standing Counsel for the State-respondents. This Full Bench has been constituted on a reference made by the Division Bench of this Court by its order dated 17th April, 2000 referring following two questions:- (i) Whether the post of professor in the State Universities comes within the purview of "Services and Posts" as defined in section 2(c)(iv) of the U.P. Act No. 4 of 1994? (ii) Whether the Division Bench decision of the Court in Dr. Vipin Agrawal's case insofar as it excludes the post of professor in the State Universities from the purview of U.P. Act No. 4 of 1994 lays down the correct law? The learned Counsel for the parties have submitted before this Bench that the questions, which have been referred to by the Division Bench, are fully covered by the Apex Court's judgment in the case of State of U.P. and others v. M.C. Chattopadhyaya and others, 2004 12 SCC 333, decided on 27th February, 2002.
(2.) The two questions, which were referred to this Full Bench, as quoted above, were firstly as to whether the post of Professor in the State Universities comes within the purview of words "Services and Posts" as defined in section 2(c)(iv) of the U.P. Act No. 4 of 1994 and secondly as to whether the judgment in the case of Dr. Vipin Agrawal v. University of Allahabad and others,1997 3 ESC 1710 (Alld.), lays down the correct law.
(3.) The U.P. State Universities Act, 1973 defines the word "teacher" in section 2(19) and Act No. 4 of 1994 defines the words "public services and posts" in section 2(c)(iv), which are to the following effect: 2(19). "teacher" in relation to the provisions of this Act except Chapter XI-A, means a person employed in a University or in an institute or in a constituent or affiliated or associated college of a University for imparting instructions or guiding or conducting research in any subject or course approved by that University and includes a Principal or Director;] 2(c). "public services and posts" means the services and posts in connection with the affairs of the State and includes services and posts in - (i) ......... (ii) ......... (iii) ......... (iv) an educational institution owned and controlled by the State Government or which receives grants in aid from the State Government, including a university established by or under a Uttar Pradesh Act, except an institution established and administered by minorities referred to in Clause (1) of Article 30 of the Constitution.;