DR. A.P. SRIVATAVA Vs. COMMITTEE OF MANAGEMENT, LAXMI NARAIN DEGREE COLLEGE, SIRSA, ALLAHABAD AND ANOTHER
LAWS(ALL)-1981-9-101
HIGH COURT OF ALLAHABAD
Decided on September 04,1981

Dr. A.P. Srivatava Appellant
VERSUS
Committee Of Management, Laxmi Narain Degree College, Sirsa, Allahabad And Another Respondents

JUDGEMENT

Satish Chandra, C.J. - (1.) These two writ petitions are interlinked and can be desposed of by a single judgment.
(2.) Sri Nath Education Society, Sirsa, district Allahabad runs and manages Lala Laxmi Narain Degree College, Sirsa, Allahabad. In due course, Dr. A.P. Srivastava was, after obtaining approval of the Vice-Chancellor of the Kanpur University, appointed as Principal of the Laxmi Narain Degree College. He was placed on probation for one year with effect from September 3, 1977. It appears that on or about September 2, 1978, the Managing Committee extended his period or probation by one year. Relations between the Managing Committee and Principal appear to have become strained. A meeting of the Managing Committee was convened to consider the question whether Dr. A.P. Srivastava be confirmed or not. One P.C. Srivastava, a lecturer in the college, filed a suit (No. 763 of 1979) in the Court of Munsif, Allahabad for an injunction, claiming that the Managing Committee was not validly constituted and its resolutions were void. An interim injunction was granted by the learned munsif restraining the Managing Committee from giving effect to it resolutions. Soon after Dr. A.P. Sirivastava, the Principal, also filed a suit (No. 811 of 1979) in the court munsif. A similar interim injunction was granted in this suit as well. This litigation went on. Ac one stage the interim injunction was vacated. During that time the Managing Committee met on October 15, 1979 and passed a resolution terminating the services of the Principal (Dr. A.P. Srivastava) and appointing one G.D. Dwivedi to officiate as the Principal. The interim injunctions were again passed and ultimately the matter came up' to the High Court in writ petition (Nos. 19273 and 10274 of 1979). These petitions were heard by a learned Single Judge and were allowed The interim injunctions granted in the two suits were quashed by a judgment dated April 7, 1980.
(3.) On April 8, 1980 the Managing Committee through the manager addressed a communication to the Vice-Chancellor, Kanpur University, intimating of the resolution dated October 15, 1979 and saying that in the case of a probationary principal of Degree College, the management is empowered to terminate his services under Section 31 (2) of the U.P. State Universities Act and the Vice-Chancellors approval was not required. It added that, however, if the Vice-Chancellor feels that it is necessary an opportunity of explaining may be afforded before passing necessary orders.;


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