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
- Whether the affiliated college could terminate the lecturer without mandatory prior approval.
- What relief followed and whether fresh proceedings remained open.
Provisions considered
- Section 35(2), Uttar Pradesh State Universities Act, 1973A disciplinary decision affecting the teacher could not take effect without Vice-Chancellor approval; absence of the required prior approval invalidated the termination. (¶¶ 7–8, 15)
Held
- The college was bound by the governing statute. Having accepted and acted on the earlier Vice-Chancellor order permitting fresh disciplinary proceedings, it could not disregard the approval requirement in that same order. (¶ 6–8)
- The High Court’s cryptic rejection on maintainability failed to consider the statute and the binding earlier order. Vaish Degree College concerned a different, repealed statutory regime lacking the equivalent requirement and did not govern this case. (¶¶ 5, 9)
- Counsel must verify and fairly present the governing law, including adverse binding authority, and should not waste judicial time through reliance on inapplicable law. The Court reiterated the professional duty of accuracy and fairness. (¶ 10–14)
- Reinstatement did not preclude fresh action from the stage of irregularity. Any request for approval had to be independently considered by the Vice-Chancellor, and back wages would abide by that decision. (¶ 15)
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.