JUDGMENT :

B.V. NAGARATHNA, J.

1. This appeal has been filed by the appellant being aggrieved by the judgment dated 8th February, 2008, passed by the Division Bench of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 20470 of 2007, by which the aforesaid writ petition was dismissed.

2. Succinctly stated the facts of the case are that the respondent-University which was established in the year 2001 was included in the List of Universities eligible to receive assistance from the Central Government under Section 12(b) of the University Grants Commission Act, 1956 (‘UGC Act’ for short) and Rules framed thereunder, with effect from 20th May, 2003.

3. The respondent-University framed Statutes in the year 2002 providing for various faculties including Faculty of Social Science of which Political Science is a Department.

4. In April, 2004, the University Grants Commission (‘UGC’ for the sake of convenience) under its Tenth Plan issued grants to the respondent-University including the grant in respect of financial support for one lecturer in the Department of Political Science. On 3rd July, 2004, the respondent-University advertised inter-alia for filling up of vacancy in the Department of Political Science. The appellant herein applied and was selected to the post of Assistant Professor and was issued appointment letter dated 4th December, 2004, in the grade pay scale of Rs. 8,000-13,500.

5. According to the appellant, every month he was forced to pay Rs. 5,000 from his salary to the University as donation to which he objected but nevertheless continued to pay the amount to the University. Thereafter, the appellant wrote to the Vice-Chancellor of the University to grant him Ph.D. incentive as admissible under UGC grant. On 19th July, 2006, the Registrar of the University replied that since his post was only for the Tenth Plan which was going to expire on 31st March, 2007, his services would be automatically terminated on the said date i.e. 31st March, 2007. The appellant received another communication, dated 1st March, 2007, from the Registrar of the University stating that his services were no more required by the University with effect from 31st March, 2007, as his post was abolished.

6. The appellant being aggrieved by the abolition of the post and his consequent removal, filed a Civil Misc. Writ Petition No. 20470/2007 before the Allahabad High Court. According to the appellant, on the one hand, the respondent-University had stated that his post had been abolished while on the other hand, had requested respondent no. 2-UGC for continuation of grant for all the posts under the Tenth Plan even under the Eleventh Plan by showing that the appellant was working in the Department of Political Science as on 6th April, 2007.

7. According to the appellant, the High Court listed his Writ Petition on 2nd November, 2007 and had directed that written arguments be filed on 5th November, 2007. By impugned order dated 8th February, 2008, the Division Bench of the High Court held that there was neither any illegality nor any infirmity in the orders of the respondent-University for abolishing the post and therefore had rightly terminated the services of the appellant and it dismissed the Writ Petition. Being aggrieved, special leave petition was filed by the appellant herein in which leave was granted vide order dated 7th October, 2021.

8. We have heard Mr. Amit Anand Tiwari, learned counsel for the appellant, Mr. Jitendra Mohan Sharma, learned Senior Counsel for respondent no. 1-University and Mr. Ravinder Agarwal, learned counsel for respondent no. 2-UGC and perused the written submissions as well as the material on record.

9. Mr. Tiwari, learned counsel appearing for the appellant, contended that there has been wrongful termination of the appellant as Assistant Professor in the Department of Political Science by the respondent-University. In support of this submission, reliance was placed on the recommendation of the Expert Commi