R.D.Khare, J. - (1.) BY means of present writ petition under Article 226 of the Constitution of India the petitioner has prayed that the respondents may be directed to pay salary to him of the post of Principal as prescribed under the State Universities Act and Statutes framed thereunder.
(2.) THE brief facts of the case are that on 7.1.1972 the petitioner was appointed as Lecturer of Sociology in Shibli National Post Graduate College, Azamgarh by the Committee of Management of the college. THE aforesaid college is a minority educational institution affiliated to Purvanchal University, Jaunpurand was aided up to degree level by the State Government. THE petitioner continued to function till 17.11.1977 thereafter he resigned. Immediately thereafter on 17.11.1977 he was appointed as Principal in Mumtaz Degree College, Lucknow, which is also a minority educational institution aided by the State Government up to degree level. THE appointment of the petitioner as Principal was made by the Committee of Management of the College and the said College is affiliated with the Lucknow University. THE petitioner resigned from the post of Principal of Mumtaz Degree College on 5.2.1996 and on 6.2.1996 he joined as Principal in Amiruddaula Islamia Degree College, Lucknow, hereinafter referred as 'the College, which is also a minority educational institution and is affiliated to the Lucknow University. THE college is governed under the State Universities Act, 1973 and Statutes framed thereunder. THE petitioner's appointment was made under the terms and conditions regulated under the Act and Statutes of the Lucknow University. THE petitioner continued to function as Principal of the college till his date of superannuation, i.e., 30.6.2008. Heard learned counsel for the parties. It is contended by the learned counsel appearing for the respondent that the College is not a State within the meaning of Article 12 of the Constitution of India, therefore, not amenable to writ jurisdiction under Article 226 of the Constitution of India. It is contended by the learned counsel for the petitioner that the petitioner was being paid consolidated amount and not the salary as per the terms and conditions of State Universities Act and statutes of Lucknow University. He made written protest regarding the same on 19.5.1998 but nothing was done. A reminder was also sent by him on 22.9.1998.
(3.) LEARNED counsel for the petitioner has further submitted that the Committee of Management of the College is under constitutional and statutory obligation to function as per State Universities Act and statutes framed thereunder and also the statutes of Lucknow University. He has further submitted that the petitioner is discharging public duty of imparting higher education to the students, therefore, the Institution is bound to pay full salary to him as per law. It is further submitted that as the Institution is to function as per the State Universities Act and statutes framed thereunder, therefore, it is a State within the meaning of Article 12 of the Constitution of India and is amenable to writ jurisdiction of this Court. He has further submitted that to test as to whether the Institution is a State under Article 12 of the Constitution of India it is to be seen whether State has deep and pervasive control over day to day functioning of the Institution/College. Learned counsel for the petitioner has drawn the attention of the Court to the appointment letter of the petitioner dated 1.2.1996, filed asAnnexure-1, and has submitted that as per terms of the appointment letter the last basic pay of the petitioner as Principal of Mumtaz Degree College was protected in addition to three extra increments. It is submitted that the appointment letter also contains a clear recital of the effect that the terms of the appointment of the petitioner would abide by the terms and conditions of service as may be prescribed from time to time by the Act. In this regard counsel for the petitioner has drawn the attention of the Court to Clause 13.01 of Chapter XIII, which deals with associated colleges and it is submitted that Amiruddaula Islamia Degree College, Lucknow was an associated college of the Lucknow University and therefore, is governed by the State Universities Act and the statutes framed thereunder. It is also contended that payment of salary made to the petitioner was not in consonance with the terms and conditions contained in the appointment letter. Reference was also drawn to clause 13.19 of the Statutes which specifies that every associated college shall have its staff teachers having such qualifications, shall be given such grades of pay and be governed by such other conditions of service as may be laid down from time to time in the Ordinances or in the orders of State Government on its behalf.;