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2011 Supreme(All) 71

[2011(3) ADJ 198]
ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL, J.
Dr. JAI NATH RAI …..Petitioner
Versus
REGISTRAR BANARAS HINDU UNIVERSITY, VARANASI AND OTHERS …Respondents
(Civil Misc. Writ Petition Nos. 5906, 7907 of 2006, 37725 of 2007, 41413 of 2006, 28911 of 1993, decided on 7th January, 2011)

Advocates:
Counsel :
C.K. Parekh and Vijay Shanker for the Petitioner; V.K. Upadhya, P.N. Rai, Pankaj Naqvi, V.B. Singh and K.C. Sinha for the Respondents.

Headnote:Retirement—Age of—Claim of petitioners teacher for parity with University teacher who were appointed and were working in a College—Whether institution in which they were appointed and are working is a "College"—And that petitioners are teachers as defined under Act and that they are at par with teachers of University governed by general provisions of Act and statute—Mere fact that central Hindu College became a "deemed College" maintained by University, would not make central Hindu College and all its constituents to be a "College" as defined under Section 2(b) of Act—Therefore, petitioners cannot claim parity with teachers of University in matter of age of retirement, etc.—Thus, petitioners cannot be said to be "teachers" of College as defined under Section 2(i) of Act—And school in question are not "College" as defined under Section 2(b) of Act—Hence, claim of petitioners for parity with teachers of University is unsustainable—No merit in writ petition. [Banaras Hindu University Act, 1915—Sections 15, 2(b) and 2(i)]. [Paras 15, 24, 27, 34, 39, 42, 47 and 49]

       

JUDGMENT

Hon’ble Sudhir Agarwal, J.—In All these writ petitions cardinal dispute is about age of retirement of the petitioners and parity with the teachers of the University.

2. The facts giving rise to the dispute in all these writ petitions, in brief, are as under:

3. In 1898 Dr. Mrs. Annie Besant founded a Central Hindu College near Town Hall, Varanasi with an object to impart religious and moral instructions alongwith secular eduction. The College opened on 7.7.1898 in a hired accommodation. With the passage of time, accommodation became inadequate causing shifting of College to a more spacious building in the heart of the city, i.e., Kamachha. This accommodation was provided by Sri Prabhu Narayan Singh, the then Maharaja of Banaras. The college was shifted to the new building at Kamachha in March 1899. In the meantime, it was also affiliated to Allahabad University on 6.8.1898 for courses upto F.A. Standard (Intermediate). The College was under the management and control of Board of Trustees. In the scheme of constituting a Hindu University, conceived in 1914, the College was handed over to Hindu University Society so as to found nucleus for Banaras Hindu University which was established in 1916. A notification was issued on 1.10.1917 by the Governor General of India under Section 15 of the Banaras Hindu University Act, 1915 (for short “the Act”). The Act was enacted to establish and incorporate a Teaching and Residential Hindu University at Banaras and to dissolve the Hindu University Socieity- a society registered under the Societies Registration Act, 1860 and to transfer to and vest in, the said University all property and rights then vested in the said Society. The Act received assent of Governor General on 1.10.1915 and by virtue of notification under Section 1(2) of the Act, came into force on 1.4.1916. The College which was made to run at Kamachha was shifted in August/September 1921 to a new building known as “Faculty of Arts” inside the University campus.

4. A Central Hindu School (hereinafter referred to as the School) was also founded by Mrs. Annie Besant in 1898 as a part of Central Hindu College which was also taken over by Hindu University Society in 1914. After the establishment of University under the Act, the said School was transferred to new building at Kolhua in July 1917. Later on when the College was shifted to the new building known as “Faculty of Arts” at Nagawas campus, in 1921, the School was shifted from Kolhua to the erstwhile Cetral Hindu College Building at Kamachha and again in 1949 shifted to Kolhua so as to pave way for running Intermediate Classes of Central Hindu College and the College of Science at Kamachha. The School imparted instructions upto Class XII.

5. There were two more Schools.

6. Central Hindu Girls School commenced in 1903. The Board of Trustees of Central Hindu College took over charge of management of Girls School in December 1904 and in 1914, management was taken over by the Hindu University Society. It was transferred to Hindu Girls School Society in 1918 and thereafter, by the University, placed it under the management of Central Hindu School Board. This Girls School imparts education upto Class XII.

7. The other institution is Ranvir Sanskrit Pathshala established in 1884 at Terhi Neem near Dashashwamedh Ghat, Varanasi by Dharmarth Trust of Kashmir Darbar. After establishment of Central Hindu School, the Sanskrit Vidyalaya and its management was handed over to Dr. Mrs. Annie Besant and was renamed as Ranvir Sanskrit Pathshala. In 1914 it was taken over by Hindu University Society. After establishment of Banaras Hindu University (for short “BHU”) it was placed under the management of Central Hindu School Board preparing students for Praveshika Examination. In 1961, name of Pathshala was changed to Ranvir Sanskrit Vidyalaya.

8. The record show that for management of the College and Schools, different committees were appointed initially. The Vice Chancellor on 1.4.1916 a

































































































































































































































































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