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1974 Supreme(SC) 324

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


Advocates:
F.S.NARIMAN, M.C.BHANDARE, O.C.MATHUR, P.H.Parekh, Sunanda Bhandare

Judgement

SARKARIA, J. :- This is a petition for review of our judgment, dated November 5, 1973*.

2. The petitioner was appointed on probation as a Reader in the University of Jammu & Kashmir, Srinagar in September, 1965. His period of probation was extended for one year more by an Order dated November 18, 1968 of the Vice-Chancellor. He executed an agreement of service with the University in the prescribed form. On June 26, 1969 a complaint of serious misconduct was received against him. The Central Council of the University cause the service of a charge-sheet on him, and an enquiry was held into those charges. The Enquiry Officer, Shri J. N. Bhan submitted his report on September 5, 1969 holding the petitioner substantially guilty. Coincidentally, on the same date viz., September 5, 1969 the Jammu and Kashmir University ordinance, 1969 was promulgated by the Governor establishing two separate Universities, one for Jammu and the other for Kashmir. Section 52 of that Ordnance inter alia laid down that within sixty days from the commencement of the Ordinance, the services of the teachers employed on contract basis were to cease unless otherwise ordered by the Chancellor. No such order








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