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1973 Supreme(SC) 340

V.R.KRISHNA IYER, R.S.SARKARIA
University Of Kashmir – Appellant
Versus
Mohd. Yasin – Respondent


Advocates:
F.S.NARIMAN, O.C.MATHUR, P.C.BHARTARI, R.L.Kohli, Ramesh Kohli, T.R.Bhasin

Judgment

KRISHNA IYER, J. :- The University of Kashmir,the appellant with a blurred sense of legality, issued a ukase by resolution of its Council, terminating the services of its Professor, the appellee, insufficiently aware of the kaleidoscopic legislative changes and crucial statutory consequences on the one hand and curiously indifferent to its own embarrassingly ambivalent dealings seemingly legitimising the permanent status of the Professor. This decision virtually dismissing the appellee was successfully challenged as void in the High Court, but the appellant University has come up in appeal, with a certificate of fitness, seeking to sustain the validity of its action. At the first blush, the law of master and servant may apply to the present fact situation but the statutory status of the employer substantially transforms the character of the master, the consequences of its ultra vires acts as well as amenability to types of relief like re-instatement and the applicability of writ remedies, alien to the legal chemistry of breaches of contract. However, in the light of the factual-cum-legal conclusions which appeal to us these thorny jurisprudential issues of deeper import in

































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