SHITAL PRASAD TYAGI Vs. PRINCIPAL CENTRAL INSTITUTE OF EDUCATION DELHI 7

JUDGEMENT

(1.) Shri Shital Prasad Tyagi by means of this petition under Article 226 of the Constitution of India has prayed for the issuance of a writ to quash the notice dated November 30, 1968/January 30, 1969 by which his services as Lecture in Mathematics in the Central Institute of Education (hereinafter referred to as CIE) were terminated with effect from the expiry of the period of one month from the date of the service of the notice. The notice had been sent to the petitioner by the Secretary of National Council of Education Research and Training, New Delhi (hereinafter referred to NCERT). The respondents named in the petition are :

(2.) The brief facts of the case are that the CIE was formally opened on December, 5, 1947 by Lady Mountbatten and started functioning in the middle of January, 1948. On April 6, 1948 the Ministry of Education, Government of India, applied to Delhi University for the affiliation of the CIE. It was stated that the CIE was being run and controlled by the Ministry of Education who had made due provision for its continued maintenance. The CIE was at that time housed in the Vice Chancellor's residence at Cavalry Lines, Delhi. The Government sanctioned adequate sum for the construction of the permanent building for the CIE and it shifted to its new building on Chhatra Marg in the University Enclave in 1950. The CIE was recognixed as a College of the University by the Executive Council of the University at its meeting held on August 5, 1948. Subsequently, the Government of India, Ministry of Education, vide resolution dated July 24, 1961 established NCERT and the management of the CIE was transferred to the NCERT. The NCERT was registered as a Society under the Societies Registration Act on June 6, 1961.

(3.) On December 12, 1966 the petitioner applied to the NCERT for appointment as a Lecturer in Mathematics in the CIE. On May 16, 1967 the Secretary of the NCERT sent a memorandum to the petitioner offering him a post of Lecturer in Mathematics in the CIE in the scale of pay of Rs.400-40-800/50-950, on the following terms and conditions :-