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Executive Committee Of Vaish Degree ... vs Lakshmi Narain And Ors on 12 December, 1975

In support of the contention, the counsel relied upon two decisions of this Court: (a) Executive Committee of Vaish Degree College, Shamli and Others v. Lakshmi Narain & Ors., [1976] 2 SCR 1006 and (b) Deepak Kumar Biswas v. Director of Public Instructions, [1987] 2 SCC 252.1n the first of the two cases, the respondent institution was a Degree College managed by a registered co-operative society. A suit was filed against the college by the dismissed principal for reinstatement. It was contended that the Executive Committee of the college which was registered under the Co-operative Societies Act and affiliated to the Agra University (and subsequently to Meerut University) was a statutory body. The importance of this contention lies in the fact that in such a case, reinstatement could be ordered if the dismissal is in violation of statutory obligation. But this Court refused to accept the contention. It was observed that the manage- ment of the college was not a statutory body since not created by or under a statute. It was emphasised that an institution which adopts ,certain statutory provisions will not become a statutory body and the dismissed employee cannot enforce a contract of personal service against a non-statutory body.
Supreme Court of India Cites 29 - Cited by 471 - S M Ali - Full Document
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