Indian Kanoon - Search engine for Indian Law

10. Counsel appearing for petitioners also submitted that respondent No.1 was not appointed under College Code Statute 2007 and terms and conditions of service are governed by contract of service. In view of aforesaid submissions, he made a prayer for recalling of order dated 15.10.2019 passed in W.P. No.1758/2017.

11. Respondent No.1 submitted that he was appointed on 30.12.2010 as Lecturer, Electrical and Electronics Engineering. Appointment was of permanent nature and he was appointed on probation for period of seven months and after completion of probation continued in service. He was appointed as per AICTE Regulations. Respondent No.1 was shown as per permanent employee by petitioners in information which has been sent to Rajiv Gandhi Praudyogiki Vishwavidyalaya, Bhopal. Since respondent No.1 was appointed as per College Code, therefore, he could not have been terminated without conducting departmental enquiry in accordance with College Code.

12. Counsel for petitioners further submitted that writ petition under Article 226 of the Constitution of India is maintainable against a Private Unaided Institution as same is involved in doing public and sovereign function of State of imparting education.

13. Respondent No.1 argued that he was appointed as per College Code. College Code Statute was enacted under Section 38 sub-section (1) read with Section 37 of Rajiv Gandhi Praudyogiki Vishwavidyalaya Adhiniyam, 1998. College Code Statute 2007 (Statute 30) has statutory force. Respondent No.5 Institute is affiliated with Rajiv Gandhi Praudyogiki Vishwavidyalaya, Bhopal. Petitioner society i.e. petitioner No.1 and Institution i.e. petitioner No.2 are governed by College Code Statute 2007. As per Statute 3 of Code College Statute 2007, the College Code shall apply to all colleges admitted to privilege of University except the Colleges maintained and managed by State Government or Municipal Corporation or the University. In view of aforesaid provision, College Code Statute 2007 is applicable to petitioners. College Code also lays down appointment of Teachers in Colleges and their service conditions. Service condition of petitioners are regulated by College Code 2007. Petitioners are running their College as they are affiliated by Rajiv Gandhi Praudyogiki Vishwavidyalaya and Statute enacted under Rajiv Gandhi Praudyogiki Vishwavidyalaya Adhiniyam. Petitioners cannot blow hot and cold at the same time. Petitioners send their annul report to University showing compliances of College Code for getting affiliation, send list of teachers (P-19) to University showing compliances and when a permanent staff claims rights under Code, same is refused on ground he is not appointed as per College Code. Petitioners as per mandate of law and rule of law are required to follow College Code and their actions contrary to it is to be struck down as illegal. They can not be allowed to take advantage of infraction of law done by them. As per Code 20 (1) of College Code 2007, no appointment to any teaching post in College including the post of Principal but excluding part time appointment, temporary appointment which are not to be continued for more than 6 months and appointment to post which to be filled by promotion shall be made after vide advertisement of the post together with minimum qualification prescribed by AICTE along with emoluments of the post and appointment shall be made after recommendation of Selection Committee constituted in accordance with provision of paragraph 17 below for Non-Grantee Colleges. As per the Code, all appointments are to be made under the College Code only, therefore, unless they are appointed for not more than 6 months and to post for which appointments are to be made by promotions. As College Code regulates service condition of petitioner, therefore, writ petition under Article 226 of the Constitution of India is maintainable.

(v) citizens have fundamental right to primary education as declared by Article 21-A of the Constitution of India but a citizen does not have any right for higher education;

(vi) University i.e. R.G.P.V. has control over appointment and termination of services of teachers appointed in colleges affiliated to it.

25. On considering aforesaid facts and circumstances of the case, as petitioners are not performing any statutory duty or obligation imposed upon them by Statute but are only governed by Statute so as to maintain discipline and maintain standards to impart higher education to students, therefore, it cannot be said that only because petitioners are governed by College Code, writ petition for enforcement of rights of respondent under Article 226 of the Constitution of India is maintainable before this Court.