C.M. LODHA, C.J. - (1.) THIS special appeal under sec. 18 of the Rajasthan High Court Ordinance is directed against the order by the Single Judge dated November 8, 1978, by which he dismissed the writ petition filed by the petitioner.
(2.) THE petitioner is a Lecturer in one of the Colleges affiliated to the University of Rajasthan. He was granted teacher-fellowship in the Department of Chemistry as a part of the Faculty Improvement Programme of the University Grants Commission in the Rajasthan University, Jaipur. His fellowship was terminated by the impugned order dated July 21, 1978, on the ground that he had misbehaved in the University Campus while doing research work in the laboratory by slapping one of the co-research scholars Shri Shah. A departmental inquiry by a Committee appointed for the purpose was held and the petitioner was found guilty of the charge. THEreafter, the matter was placed before the Vice-Chancellor, who issued a show cause notice to the petitioner as to why disciplinary action be not taken against him. After hearing the petitioner, the Vice-Chancellor ordered that the fellowship granted to the petitioner may be terminated. The grievance of the petitioner before the learned Single Judge was two-fold, namely, (i) no proper inquiry was held inasmuch as the principles of natural justice had not been followed in the course of inquiry, and (ii) there is no provision in the University Hand Book under which the impugned order could have been passed against the petitioner. After hearing the learned counsel for the petitioner-appellant at length, we are satisfied that this appeal is devoid of substance. It is sufficient to point out that the Committee, after giving full opportunity to the petitioner, came to a finding that he had misbehaved himself in the Laboratory by slapping Shri Shah, a fellow research scholar. Thereafter, when the petitioner-appellant appeared before the Vice-Chancellor in pursuance of the show cause notice, he admitted his guilt. The learned Single Judge has further pointed out that in the letters addressed by him to the Vice-Chancellor as well as to the other authorities, the petitioner admitted the occurrence. In our opinion, the principles of natural justice have not been in any way violated. It is true that there is no provision in the University Hand Book as tothe action to be taken against the delinquent research fellow if he miscon- ducts himself, but we are of opinion that the grant of fellowship and continu- ance thereof is always subject to the research scholar conducting himself well and properly. He cannot claim it as a matter of right and if he is guilty of indiscipline, we have no doubt in our minds that the University has authority to terminate the fellowship. Lastly, the learned counsel for the petitioner-appellant submitted that the punishment of termination of fellowship was too severe a punishment inflicted on the petitioner in the facts and circumstances of the case. We may, however, observe that the matter is exclusively within the discretion of the University authorities and we cannot substitute our own view in the matter.
(3.) IN the result, this special appeal is hereby dismissed summarily.;