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Rajasthan High Court, Jaipur Bench
Per Hon. Sen, J., (JOSHI & Shrimal, JJ. concurring)
Har Govind Pant - Appellant
Versus
Chancellor, University of Rajasthan - Respondents
S.B. Civil writ: Petition No. 311 of 1977
Decided On : November 08, 1977
The crux of the matter, therefore, is whether an office of a Governor of a State is an employment under the Government of India within the meaning of Art 319 (d) of the Constitution? Art. 319 finds place in part XIV of the Constitution, which relates to "Services" under the Union, and the States. The bar against employment under Art 319 is obviously against "services and posts in connection with the affairs of the Union or of any State". The word "employment must take its colour and content from its context and canaot be read in isolation. The constitutional bar contained in Article 319 (d), therefore, is against future Government employment and does not relate to a Constitutional office like that of Governor.
Article 319(d) has no reference to an office like that of the Governor. It has reference to a post in organized civil service and ex cadre post under direct contract of service as referred to Part XIV of the Constitution relating to service under the Union and the States. It has reference to a post in organized civil services, and what is prohibited is employment under the Government of India or under the Government of a State. The object is to make an incumbent to these offices free from the allurement of getting any favour from the executive after the termination of his office, which might otherwise have influenced bis action by the office.
Article 319(d) disqualifies a Member of a State Public Service Commission from "any there employment" except those provided therein. The word "employment" is, of course of wider connotation and includes an office; but, in the context in which it appears, the word "employment" in Article 319 must and ought mean "service". Thus, there is a bar from any other employment under the Government of India or under the Government of a State i.e., it relates to services and posts in connection with affairs of the Union or any other State. It must, accordingly, be held that the office of the Governor of a State is not an employment within the meaning Art. 319 d) of the Constitution. It would be an anathema to say that a Governor of a State is under the employment of the Government of India. In the context of the federal structure of our continuation
Eligibility to a Governors office is laid down in Article 157. No person shall be eligible for appointment as Governor unless he has completed the age of 35 years. The eligibility, therefore depends on citizenship and age. Article 319(d) cannot, in my view, be projected into Article 157.
The word "employment" denotes the relationship of master and servant. The test is whether an employer possessed the right not only to control what work the employee was to do, but also the manner in which the work was to be done. (Paras 18. 20, 22, 23 & 24)
2. The relevant facts giving rise to the writ petition, shortly stated, are that during the period of Emergency, the petitioner, who holds a substantive rank of a reader in Political Science in University of Rajasthan, was appointed as Officiating Director, Institute of Correspondence Studies, on September 29, 1975 by the then Vice-Chencellor Dr.G.C. Pande, respondent No. 2. His services were placed on deputation from the Department of Political Science and in due course the post was advertised. On the recommendation of the Selection Committee constituted for the purpose, which was duly approved by the Syndicate, the petitioners was appointed as Director, Institute of Correspondence Studies, on probation, for a period of one year in the pay-scale of Professor in the University i,e,. in the grade of Rs 1100-1600.
3. Shri Raghukul Tilak assumed charge of the office of the Governor of Rajasthan on May 12, 1977. Under section 10(1) of the University of Rajpu-tana Act, 1916 (hereinafter to be referred to as "the Act"), he became the Chancellor of the University of Rajasthan by virtue of his office as Governor. Incidentally, Shri Raghukul Tilak was a Member of the Rajasthan Public Service Commission during the year 1958 59.
4. Affairs of the University were in a complete mess and, therefore, the Chancellor addressed a letter dated June 24, 1977 to the then Vice-Chancellor stating that he was receiving complaints about the manner of appointments of teaching and non teaching staff during the period of Emergency and that as he would need some time to decide as to what has to be done about these complaints, he would, in the mean while, like him not to confirm the appointments made in the last two years, and accordingly directed him not to confirm such appointments.
5. There was an open cl sh between the then Vice-Chancellor Dr. G.C.. Pande, and the Chancellor. In response to the Chancellors letter, the then Vice Chancellor, in his reply stated,—
"May I submit that the manner of appointment of teaching and non-teaching staff in the University of Rajasthan is regulated by statutory provisions and has nothing to do with the emergency period.
As for confirmation, I am duty bound to point out that under the rules in force a University employee on probation is entitled to confirmation on completion of one years satisfactory work."
This was nothing but an open defence of the Chancellors order. Thereafter, the Chancellor and the Vice-Chancellor appear to have met several times to discuss the University affairs.
6. Even eventually, the then Vice-Chancellor Dr. G.C. Pande, addressed a letter dated July 13, 1977 submitting his resignation from the post of Vice-Chancellor with immediate effect seeking permission to revert to his substantive post of Professor in the University, Department of History and Indian Culture.
7. On July 14, 1977, the then Vice-Chancellor Dr. G.C. Pande, after submitting his resignation, called an emergency meeting of the Syndicate over which he presided. The minutes of the proceedings recorded that he had submitted the resignation from the office of the Vice-Chancellor to the Chancellor on July 13, 1977, with a request to accept the same with immediate effect. The Syndicate then accorded its appreciation of the services of Dr. G.G. Pande as Vice-Chancellor of the University and resolved that on his being relieved from the office of the Vice-Chancellor he be reverted to the post of Professor in the Department of History. The Syndicate further resolved that a seniority list of the University Professors be sent to the Chancellor so as to facilitate him in taking a decision about the arrangements for carrying on the Vice-Chancellor till his succesors-in office is duty appointed, as required under sec. 12(7) of the Act.
8.
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