A writ petition under Article 226 is maintainable against a private, aided educational institution discharging public duties. However, such jurisdiction does not invalidate termination for the closure of a self-financed course, provided the termination complies with notice requirements and statutory service conditions regarding non-aided departments.

ORDER

The instant petition, under Article 226 of the Constitution of India, is preferred seeking following reliefs:

"7.1 to call for the relevant records of the case from the respondents;

7.2 to quash the impugned order dated 16.7.2024 (Annexure P/19) issued by Respondent No.5, by a writ of CERTIORARI or any other appropriate writ, direction or order;

7.3 to command the respondents to reinstate the petitioner back in service on the post of Head of the Department Electronics and Telecommunication Department or in the Department of Electrical Engineering by granting him all consequential and monetary benefits, by a writ of MANDAMUS or any other appropriate writ, direction or order;

7.4 allow this petition with costs;

7.5 pass such other order(s) as may be deemed appropriate in the facts and circumstances of the case, to grant relief to the petitioner."

FACTS

Draped with brevity, the facts necessary for adjudication of the present controversy are that the petitioner, an employee of Samrat Ashok Technological Institute, Polytechnic Vidisha (M.P.), a Government Aided Polytechnic College administered and managed by the Maharaja Jiwaji Rao Education Society and was working as the Head of the Department (HOD), Electronic and Telecommunication w.e.f. 03.10.2007, was relieved from his services which were discontinued with immediate effect on account of closure of Electronic and Telecommunication Course w.e.f. academic year 2024-25.

Initially, the petitioner was appointed on the post of Lecturer on ad-hoc basis in the said College vide order dated 03.01.1989 by Respondent No.5, where the petitioner had joined his duties on 04.01.1989 (Annexure P/2). On 14.09.1995 (Annexure P/3), an advertisement was issued by Respondents/Institute inviting applications from eligible candidates for their appointment on the post of Lecturer in the Electrical Engineering Department, pursuant to which, the petitioner applied for the said post and threafter, stood in merit and upon recommendations made by duly constituted Selection Committee, was appointed as a Lecturer in the then AICTE pay scale of Rs.2200-75-2800-EB-100-4000/- plus dearness allowance vide order dated 17.11.1995 (Annexure P/4). Later on, the petitioner was confirmed on the aforesaid post and thus, was holding his lien on the aforesaid post at the relevant point of time.

Vide order dated 15.02.2001 (Annexure P/5), the petitioner was made In-charge of the Head of Electronics and Telecommunication Department and was transferred from the Electrical Engineering Department on temporary basis. Vide order dated 06.05.2006(Annexure P/6), the petitioner was sanctioned regular pay-scale of Rs.10,000-15,200/- w.e.f. 17.11.2001 and his pay was accordingly fixed vide order dated 11.05.2006 (Annexure P/7).

Again vide advertisement dated 09.02.2007 (Annexure P/8), a selection process was undertaken by Respondent/Institute for appointment on the post of Head of the Department in Electronics and Telecommunication Department. The petitioner had applied for the same and after receiving the call letter dated 05.09.2007 (Annexure P/9), he appeared in the interview and being in merit, vide order dated 03.10.2007 (Annexure P/10), he was appointed on the post of Head of the Department in Electronics and Telecommunication in the then A.I.C.T.E. pay scale of Rs.12,000 - 18,300/- plus admissible dearness allowances.

Thereafter vide order dated 30.06.2014 (Annexure P/11), the petitioner was temporarily appointed as Principal of Respondent Institute/SATI, Polytechnic College, Vidisha as per A.I.C.T.E. guidelines and later on, vide order dated 04.07.2015 (Annexure P/12), he was appointed on contractual basis as Principal of the Institute in the then regular pay scale of Rs.37,400-67,000/- + AGP 10,000/- + special allowance of Rs.2,000/- per month for a contract period of 05 years, which was extended until further orders vide order dated 04.07.2020 (Annexure P/13).

Upon selection and appointment of new Principal in the In