50. Respondent No.2 also contended that Petitioner was an employee
of the University, a Central University, receiving grant and controlled by
UGC, funded by the Central Government from the Consolidated Fund of
India and is thus governed by the Pension Rules. In this context, it would
be relevant to examine the source of pension of the Petitioner and the
nature of fund of UGC. The University Grants Commission Act, 1956,
was enacted to make provision for coordination and determination of
standards in Universities. Section 16 of the said Act provides that the
Commission shall have its own fund and all sums which 'may', from time
to time, be paid to it by the Central Government shall be carried to the
Fund and all payments by the Commission shall be made therefrom.
Section 12 of the Act deals with functions of the Commission and
W.P.(C) 6928/2020 Page 32 of 35Signature Not VerifiedDigitally SignedBy:KAMAL KUMARSigning Date:21.02.202210:38:06
Sub-Section (e) provides that the Commission shall advise the Central
Government or any State Government of the allocation of any grants to
the Universities for any general or specified purpose out of the
Consolidated Fund of India or of the State, as the case may be. A Full
Bench of this Court in Mohd. Khan Durrany (Dr.) v. Principal (Tulsi
Ram) Shivaji College, 1970 SCC OnLine Del 235, held that UGC is a
Statutory body created under the UGC Act and distinct from the
Government of India. Under Section 16 of the said Act, the Fund of the
Commission is separate from the Consolidated Fund of India. Relevant
para is as follows:-
However, questions similar to the questions raised in this appeal came up for consideration before a Full Bench of this Court in Durrany's case referred .'to earlier. Durrany was appointed as a lecturer in the Shivaji College. His services were terminated by the Governing Body of the Corporation. Durrany filed a writ in this Court challenging the validity of his termination on the ground that (1) his appointment was permanent and was not temporary or on probation (2) he was governed by the terms of the form of service agreement embodied in the Delhi University accordance Xii as the Shivaji College was a Government maintained college and, under the Ordinance his services could be terminated only for misconduct or with three months' notice and for good cause and after affording him an opportunity to show cause and (3) the Principal of the College was biased against him and terminated his services mala fide and by way of punishment.
In Dr Mohd. Khan Durany V. The Principal, Shivji College 2nd (1970) Ii Delhi 414, (9) a Fulll Bench of this Court denied reinstatetement to the petitioner firstly because his service was rightly terminated by a notice as he was only a probationer and secondly because the terms of his employment had to be according to the prescribed form of the service contract set out in Ordinance Xii which made them dominantly contractual and not statutory.
Another Full Bench
of this Court in Dr. Mohd. Khan Durrany Vs. The Principal, Shivaji
College ILR (1970) II Delhi 414 held that the appointment of a lecturer, in
that case in a College functioning under the Delhi University is dominantly
W.P.(C)2547/2010 Page 25 of 40
contractual and the teachers do not hold a statutory office and have not
been given a legislative status; termination of their service in contravention
of model conditions of service cannot be said to be violation of mandatory
statutory obligation and the remedy for such wrongful termination is
therefore, by way of damages and not by way of reinstatement.
18. Moreover, the Full Bench of this Court in Mohd. Khan Durrany v.
Principal, Shivaji College ILR (1970) 2 Delhi 414 held an employment of a
Lecturer in the Delhi University to be dominantly contractual and not
statutory or having a legislative status.