VidhiSangh

Supreme Court of India · 08/05/2019

LAL BAHADUR GAUTAM versus STATE OF U.P. AND OTHERS

[2019] 7 S.C.R. 389 · 2019 INSC 648

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Summary

A lecturer’s termination by a private unaided affiliated college was set aside for absence of the Vice-Chancellor’s mandatory prior approval under Section 35(2) of the Uttar Pradesh State Universities Act. The management had accepted an earlier order requiring that procedure and could not take its benefit while rejecting its obligations. Reinstatement was directed, with liberty to proceed lawfully from the defective stage and back wages left to follow the resulting decision.

Issues

  1. Whether the affiliated college could terminate the lecturer without mandatory prior approval.
  2. What relief followed and whether fresh proceedings remained open.

Provisions considered

Held

Result

Appeal disposed of. Termination dated 24 April 2017 set aside and reinstatement directed. Management may proceed afresh from the irregular stage in accordance with law. Vice-Chancellor to decide any approval request on its merits; back wages, if any, to abide by that decision.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 389.