IMPORTANT POINT
Tenure limitation of Coordinator/Director/Dean of CDC applies to every person who is appointed to the post.

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J

1. Leave granted.

2. The appeal in the present case arises from the judgment of a Division Bench of the High Court of Uttarakhand dated 28 December 2011 [In Writ Petition No 429 of 2006]. The High Court quashed a Resolution dated 29 July 2006, being Resolution No. 23 of the 76th General Meeting of the Executive Council of the Second Respondent Hemwati Nandan Bahuguna Garhwal University, Srinagar. By that resolution, the College Development Council [CDC] was terminated with immediate effect. The Appellant, who was a Director of the CDC, has filed the present appeal, aggrieved by the direction of the High Court that while the CDC will continue, it will be without the Appellant as its Director.

3. On the request of the Second Respondent, the University Grants Commission [UGC] agreed to set up a CDC if an assurance was communicated by the Government of Uttar Pradesh that it would bear the financial liability after 31 March 1995. By a letter dated 31 October 1991, the Government of Uttar Pradesh agreed to bear all the expenses incurred on the post of Director, CDC after 31 March 1995. By a letter dated 07 November 1991, the UGC agreed to the request of the University to set up a CDC with two posts – (i) A Director in the Professor’s scale; and (ii) A stenographer. An advertisement inviting applications for the above posts was issued on 06 January 1992. The Appellant was appointed as Director, CDC through open selection by an office order dated 02 November 1992 of the Second Respondent. On 23 January 1996, the Appellant was permanently absorbed.

4. In 2003, the University shifted the office of the CDC from Srinagar to Dehradun. The Appellant filed a writ petition [Writ Petition (SB) No 7 of 2006] before the High Court of Uttarakhand challenging the order of transfer. On 09 December 2005, the University transferred the Appellant to the Swami Ramtirth Campus, New Tehri. On 30 June 2006, disciplinary proceedings were initiated against the Appellant and he was suspended. The order of suspension was stayed on an interim application in the above writ petition, on 10 July 2006. On 19 July 2006, the High Court of Uttarakhand disposed of the writ petition by revoking the suspension, subject to the Appellant joining service at Srinagar. However, the disciplinary proceedings were not stayed.

5. At the 76th General Meeting of its Executive Council, the University passed a resolution to abolish the post of CDC on the ground that the permission of the government for bearing the financial burden of the CDC was not received and it was not legally created. Challenging this resolution, the Appellant filed a writ petition Writ Petition No 429 of 2006] before the High Court of Uttarakhand, from which the present appeal arises. The High Court relied on the ‘Revised Guidelines for the Establishment of College Development Council in Universities’ issued by the UGC for the establishment of the CDC. Clause 3 of the revised guidelines deals with tenure of the Director, thus:

“He may be appointed on a tenure basis for three years, extendable for another terms of three years, but not beyond the age of 65 years, when he would retire.”

The High Court observed that the Government of Uttar Pradesh agreed to bear the expenses to be incurred in respect of the post of Director, CDC. However, the University did not obtain reimbursement from the State Government for the expenses incurred. Ruling that the University could not hold out that there was no assurance by the State Government to take over the liability of the CDC after 31 March 1995, the High Court quashed Resolution No. 23 of the 76th General Meeting of the Executive Council by which the post of the CDC was sought to be abolished. This ruling of the High Court is not challenged. On the question whether the Appellant should be allowed to continue as Director, CDC, the High Court observed that he was admittedly appointed under the scheme envisaged by the revised guideli