A.S. Bains, J. - (1.) THE Petitioner, Janta Vidya Mandir Ganpat Rai Rasiwasia College, a registered institution through the President of its. Managing Committee, has filed the present petition under Articles 226 and 227 of the Constitution of India against the Kurukshetra University through its Registrar, Vice -Chancellor of the Kurukshetra University and Lajpat Rai Singhal. The admitted facts of the petition are as under:
(2.) SHRI Lajpat Rai Singhal, Respondent No. 3, was appointed as Senior Lecturer in Physics by the Petitioner and his services were terminated on 18th April. 1974. The reason given in' the termination order was that since B. Sc. (Medical and non -Medical) classes were closed with effect from the Session 1974 -75, his post was rendered surplus. Respondent No. 3 filed an appeal under Regulation 12.2 of Chapter VIII -E of the Punjab University Calendar, 1973, Volume I, to the Panjab University against his termination order. The Panjab University directed the Petitioner not to terminate the services of Respondent No. 3 and sent a letter to this effect to the Management, but the Petitioner did not agree to the same. In the meanwhile, all the colleges affiliated to the Panjab University situate in the territory of Haryana State were transferred to the Kurukshetra University by a notification of Haryana Government with effect from 30th June, 1974. The Panjab University consequently informed the same to Respondent No. 3 on 2nd July, 1974, that on account of the peculiar situation arising out of the notification, it is not possible to appoint Arbitration Committee as it has no longer jurisdiction over the Petitioner's college and thus the appeal of Respondent No. 3 was sent by the Panjab University to the Kurukshetra University for appropriate action in the matter. On 25th July, 1974, Respondent No. 3 represented to the Kurukshetra University that his case be looked into and decided. The Ruru -kshetra University sent a letter addressed to the Principal of the Petitioner's college enclosing therewith a copy of the representation made by Respondent No. 3 asking the Petitioner to give comments within seven days. The Petitioner sent the comments on 20th August, 1974, that since the appeal was not filed within the time prescribed by Regulation 12.2 of Panjab University Calendar, Volume -I, Chapter VIII -E, the order of termination of his service has become absolute and cannot be looked into; that Karya -Samiti (Executive Council) formed under the Kurukshetra University Act, 1956 (hereinafter briefly referred to as 'the Act') adopted the recommendations of the Vice -Chancellor of their University on 17th April, 1974, as under: Considered the recommendations of the Vice Chancellor 'that Punjab University Rules on the following subjects, till these are modified by the Executive Council, be adopted for the teachers/Principals in Non -Government 'Colleges' in the State of Haryana recognised by the Kurukshetra University with the modification that for the word 'syndicate' wherever occurring, the word Executive Council shall be substituted: (1) Service and conduct of teachers. (2) Leave. (3) Provident Fund. (4) Qualification for appointment as Teacher/Principals. RESOLVED THAT THE RECOMMENDATION MADE BY THE VICE -CHANCELLOR BE APPROVED. The Karya Samiti (Executive Council) of the Kuruksjhetra University on 2nd September, 1974 amended the aforesaid regulation to the effect that the period for filing the appeal will be up to filing September, 1974, irrespective of the fact whether the appeal has or has not been preferred. The amended regulation of the University is reproduced as under: 12.2 The period for filing an appeal to the University shall be 30 days from the date the order of termination of service is served on the teacher. Provided that in view of the transfer of control of the affiliated colleges from the Punjab University to this University, such appeals shall be entertained up to and including the day of 39th September, 1974, this year only, as a very specialise, irrespective of the fact whether or not "such an appeal had been preferred previously to the Panjab University. In the mean time, the Kurukshetra University appointed they Arbitration Committee and also informed the Petitioner to appoint their nominee but the Petitioner did not appoint any off the nominee to the Arbitration, Committee. The Arbitration, Committee. after giving full opportunity to Respondent No. 3 and also to the University, announced its award on 19th November, 1974 The Petitioner did not participate in the proceedings before the Arbitration Committee in spite of the notice. It is against the adoption of the regulations of the Panjab University - pertaining to the service conditions of the teachers in the affiliated colleges and its subsequent amendment, that this petition has been, filed.
(3.) THE learned Counsel for the Petitioner has raised following four conditions: (i) That the University has no power to adopt the regulation of the Panjab University although the University has the authority to frame the new regulations. (ii) That if for any reason this Court holds that the University has the authority to adopt any regulation of the Panjab University, Karaya Samitis (Executive -Gounoil) had no jurisdiction to adopt the same as such a regulation could be adopted only by, the 'Samsad' (Court) with the approval of the Vice Chancellor, as required under Section 14(5) of the Act, 1956. (iii) That the University had no authority to, give the adopted' ordinance or statute the respective effect. The impugned amendment of the regulation gives it the respective effect and this cannot be done. (iv) Assuming that the order of the termination is wrong, the relief claimed by the Respondent cannot be granted.;