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2003(6) Supreme 135
SUPREME COURT OF INDIA
(From Punjab and Haryana High Court)
S. Rajendra Babu & Doraiswamy Raju, JJ.
G. Varandani -Appellant
versus
Kurukshetra University & Anr. -Respondents
Civil Appeal No. 8703 of 1997
With
Civil Appeal No. 1272 of 1998,
Civil Appeal No. 6339/2003
(Arising out of SLP (C) No. 22833/1997)
And
Civil Appeal No. 6338 of 2003
(Arising out of SLP (C) No. 21612/1997)
Decided on 13-8-2003
Counsel for the Parties :
For the Appearing Parties : M.N. Krishnamani, Senior Advocates, Krishan Mahajan, R. Ayyam Perumal, Baldev Atreya, Rakesh K. Sharma, Tribhuvan Dahiya, Uma Dutta, Nidesh Gupta, Naveen Singh, Ms. Minakshi Vij, Dr. K.S. Chauhan, Chand Kiran, Dr. K.P.S. Dalal, S.K. Jain, A.P. Dhamija and A.K. Sanghi, Advocates.
Held : So far as the cases of the appellants in C.A. Nos. 8703/97 and the other private appellants other than University are concerned - the Division bench itself chose to deny the relief that was granted to the writ petitions in CWP No.18312 of 1996 for the reason, apparently that they applied and got apointments to the posts specially created for the PG Centres at Sirsa/Hissar, though for higher positions but those persons not only remained probationers in such posts but also retained their lien in and over the posts of which they were permanent incumbents in the Department of Law at the University Campus at Kurukshetra and could not be either regularized or made permanent in the posts held by them at the PG Centres by the time the GJ University came to be constituted and by operation of Section 35 of the said enactment relating to the said University, the PG Centres at Sirsa/Hissar stood transferred to the new University with all properties and personnel including those Writ Petitioners w.e.f. 26-7-1996. This change could not be said to have been brought about with any ulterior or sinister motive and the result and abolition of such posts so far as Kurukshetra University was not bona fide or illegal. The appeal by the Univesity in C.A.No.8702/97 in respect of one person, who was granted relief (petitioner in CWP No. 18312 of 1996), has been rendered infructuous and it became unnecessary to consider the correctness of the decision relating to the grant of relief therein. Yet another person, to whom relief was granted by another Division Bench merely following the decision in the other case without even any proper or objective consideration as to which class or category the claimant therein belonged, is the respondent in C.A. No.1272 of 1998 and it becomes necessary to consider the correctness of the same. There can be no controversy over the position that the posts, which were advertised, to which the applications were made and got appointed by all those who were before court, were for the PG Centres at Sirsa/Hissar only, though those Centres were under the control of the Kurukshetra University at the relevant point of time. Indisputably, those Centres by the creation of a new University and by the operation of the statutory provisions stood transferred to the newly created University, in their entirety and they went even outside the territorial limits and jurisdiction of the Kurukshetra University. (Paras 11 & 12)
It cannot be stated, nor is it the claim, in these appeals any of the juniors of the appellants and of the respondent in C.A. No.1272/98 are retained in service in violation of the last come, first go principle, which has been held to apply to cases of the nature in these appeals, by this Court even in Jawaharlal Nehru University case (supra). The High Court could not have granted any relief to any of these class of persons against the Kurukshetra University and relief granted by a summary order without any application of mind to the respondent in C.A. No.1272 of 1998 cannot be sustained, at all. (Para 13)
JUDGMENT
Rajendra Babu, J.-Special leave granted in S.L.P. (C) Nos. 22833 and 21612 of 1997.
2. The above appeals have been filed by one or the other of the parties before the High Court against the decision rendered in this group of cases. So far as C.A. No. 8703/1997 is concerned, it is against the decision in CWP No. 15256/96, which came to be disposed of on 5-8-1997 by an order, "For orders, see C.W.P. No. 18312 of 1996". While dealing with the case in CWP No. 18312/96, the Division Bench made the observation even at the threshold that the said judgment shall dispose of Civil Writ Petition Nos. 14263, 16256, 16005 and 18312 of 1996 as the question of law canvassed is identical and the facts alone are taken from CWP No. 18312/96 filed by one Sunil Deshta.
C.A. No. 8703/97: This is against the order in CWP No.15256/96.
3. As on 21-1-1994 the appellant in this appeal was serving as a confirmed Reader in the Faculty of Law of Kurukshetra University, when he applied for selection to the post of Professor at the Kurukshetra University Post Graduate Regional Centre, Sirsa, in terms of advertisement issued inviting applications therefor on 27.7.1994, this appellant was said to have been selected as a Professor for the Law Faculty Centre at Sirsa and was placed incharge of the Centre, by their regular appointment letter dated 15.8.1994 placing on probation for a period of one year with effect from the date of joining. The pay scale offered and the allowances admissible as per the University Rules for Post Graduate Regional Centre Sirsa/Hissar, etc., were also indicated therein. While so, on 29.12.1995 the appellant came to be appointed as Dean, Faculty of Law, at the said Centre for a term of three years w.e.f. 1-1-1996 to 31-12-1998. On 2-7-11996, it appears that the appellant s conformation as Professor in charge of Law at Sirsa was postponed and the appellant was allowed to keep his lien on the substantive post of Reader in the Faculty of Law at Kurukshetra. On 16-8-1996, the Government of Haryana, in exercise of powers under Section 4 of the Kurukshetra University Act, 1986, excluded the Sirsa Centre from its jurisdiction and on 19-8-1996, the Kurukshetra University issued a Notification that in terms of the Haryana Government Notification, the Sirsa Centre stood transferred to the Guru Jambheshwar University, Hissar, w.e.f. 26-7-1996. There is no dispute over the fact that the posts of the Sirsa Centre were also transferred to the jurisdiction of the new University at Hissar by the operation of Section 35 of the G.J. University Act, 1995. This appellant seems to have made representations on 19-8-1996 and again on 17-8-1996 to the authorities of the Kurukshetra University about his status and claim that he continued to be an employee of Kurukshetra University and, therefore, ought to be taken back as Professor in the main Faculty of Law of which he claimed to be an integral part under the Kurukshetra University Act and Statutes made therein. When the appellant was informed that he should first get himself relieved of his charge at Sirsa Centre from the G.J. University to enable him to join as a Reader in the Faculty of Law, Kurukshetra University at Kurukshetra. It is at this stage the Writ Petition No.15256/96 seems to have been filed not only to quash the relevant proceedings, but also for a direction to the Kurukshetra University to take back the appellant as Professor, Department of Law, with continuity of service with all consequential benefits.
4. The first respondent-Kurukshetra University contested the claim contending that the post advertised was specifically for the Post Graduate Regional Centre at Sirsa, to which the appellant was recruited and was not meant for the Department of Law at the University Campus, Kurukshetra; that the appellant was not confirmed in the said post and having regard to the sanctioned strength of Professors in the Department of Law at Kurukshetra, the appellant could not be taken back as Profess
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