Document Fragment View

Matching Fragments

“The law enunciated in these decisions stand fully attracted to this case also. Even though the Lady Keane Girls College may be governed by the statutes of the University and the Education Code framed by the Government of Meghalaya and even though the college may be receiving financial aid from the Government it would not be a statutory body because it has not been created by any statute and its existence is not dependent upon any statutory provision. Ultimately the Supreme Court granted additional damages to the appellant.”

51. In Vidya Ram Misra (supra), this Court observed thus:- (SCC p. 629, paras 12-13) “12. Whereas in P.R.K. Jodh v. A.L. Pande, (1965) 2 SCR 713] , the terms and conditions of service embodies in Clause 8(vi)(a) of the “College Code” had the force of law apart from the contract and conferred rights on the appellant there, here the terms Civil Appeals @ SLP (C) Nos. 3138-3141/2021 & 3133-3137/2021 and conditions mentioned in Statute 151 have no efficacy, unless they are incorporated in a contract. Therefore, appellant cannot found a cause of action on any breach of the law but only on the breach of the contract. As already indicated, Statute 151 does not lay down any procedure for removal of a teacher to be incorporated in the contract. So, Clause 5 of the contract can, in no event, have even a statutory flavour and for its breach, the appellant's remedy lay elsewhere.