Document Fragment View

Matching Fragments

7. The decision reported in Jai-prakash MudaKar v. A. C. Choubey, 1975 MPLJ 290 = (1975 Lab IC 750) (FB) also supports the view we have taken in the earlier paragraphs. A Full Bench of this Court in the aforesaid case had observed, while dealing with the case of a Principal of a private college affiliated to Ravi-shankar University, that appointment and termination of services of a Principal or teacher of the private college was not a pure matter of contract but was also an item covered by the College Code which has the force of law. If any action was taken by the Governing body of the affi-

liated college in breach of the provisions of the college Code, the aggrieved person could have recourse to have an action by a writ petition.

8. For these reasons, we answer the first question in the negative, the third question in the affirmative and the second question as follows :--

"Writ can be issued in such cases where the Society has not carried out any legal obligation or has acted in violation of any statutory provisions."