- (1.) The memorandum of understanding which governs the arrangement inter-se between the petitioner and the respondent/University and in particular, Section 9 thereof, required the Punjab Technical University (hereinafter referred to as the University) to comply with the principles of natural justice in the eventuality of making any contrary arrangement to the one which was existing by effecting the change thereto. Section 9 is extracted here below :- "Section 9 : Exit Clause and Provisions of Natural Justice : The RC agrees that the PTU reserves the right to terminate the present authorization to the RC or to modify/restrict/ terminate its zone of operation created under section 7 of this MOU, by following the process of natural justice. It is clearly stipulated herein, and accepted and agreed to by the RC, that in case of any breach by the RC of any of the foregoing terms and conditions contained in this MOU, or for its unsatisfactory performance, or for non-performance, or for abandonment of the project or for any other reason or issue to be felt or determined by the PTU, a show cause notice will be served to the RC concerned with details of deficiencies and a written reply shall be sought within 15 days. The reply to the show cause notice shall then be considered by the DEP Council, and if required, the RC concerned shall be asked to defend their case before the DEP Council. The matter with the recommendations of the DEP Council shall then be sent to the BOG of PTU and further decision regarding any punitive action against the RC concerned or termination shall be decided by the BOG. The punitive action may include modification/restriction/termination of the zone of RC under this MOU, as per decision of the BOG and such decision shall be final and binding on the RC. The decision so taken may be represented against by the concerned RC and the Board may consider appointing a committee to reconsider the decision after giving an opportunity of being heard in the matter to the RC concerned. The decision so taken shall be final."
(2.) The necessity to take action by the University against the petitioner arose because of the alleged violation of the arrangement by resorting to an advertisement intended to admit students to a distance education course on behalf of the University. Even though the learned counsel for the petitioner has referred to some material to justify the insertion of such an advertisement, yet upon being objected by the University, the advertisement was withdrawn.
(3.) Despite this, by virtue of the impugned order Annexure P-1, the University resorted to re-structuring of the arrangement with immediate effect and the petitioner was requested to hand over all the official records, documents or material available with them belonging to the University, implying thereby that in essence, the entire arrangement or possibly most of it stood cancelled.;