Moti Lal Nehru Regional Engineering College. Allahabad. v. District Inspector of Schools
1984-12-05
A.N.DIKSHITA, B.N.SAPRU
body1984
DigiLaw.ai
JUDGMENT B.N. Sapru, J. - Moti Lal Nehru Regional Engineering College, Allahabad. (hereinafter to be referred to as' the College) is an Associated College of the Allahabad University as provided in Chapter XIII, Clause 13.01 of the First Statutes of the Allahabad University. 2. One Sri Ratan Prakash was employed as a Junior Engineer in the College. He was dismissed by an order dated 28-5-1977 of the Principal of the College. He filed an appeal before the District Inspector of Schools under the provisions of Chapter XXII of the First Statutes of the Allahabad University. 3. Statute 24.03 provides that an appeal against an order imposing a punishment to an employee of an Associated College passed by the Principal shall lie to the District Inspector of Schools. The District Inspector of Schools by his order dated 9-5-1978 allowed the appeal. 4. Aggrieved by the order of the District Inspector of Schools, the Principal-cum- Secretary of the College has filed this writ petition. 5. The only argument of the learned counsel for the petitioner is that no appeal lay to the District Inspector of Schools. 6. Chapter XIII of the Statutes deals with the Associated Colleges. In clause 13.01 of the Statutes ten Associated Colleges are mentioned by name and Moti Lal Nehru Regional Engineering College is mentioned at serial No. 8. Appended to that clause 13.01 is a note which runs as follows : "Note.- The provisions of the Statutes relating to the Associated College in this Chapter shall not apply to the Moti Lal Nehru Regional Engineering College in so far as they are inconsistent with its Memorandum of Association." 7. It has been urged by Sri G. K. Sahai appearing on behalf of the petitioner that the words "in this Chapter" in the Note which have been subsequently omitted by the Notification No. 2625iXV-10-78-277-77 dated Lucknow July 19, 1978, shall be deemed always to have been omitted. The notification recites that in the Note the words "in this Chapter" shall he omitted and he deemed always to have been omitted. 8. The omission of the words "in this Chapter "in 1978 would not invalidate the appellate decision of the District Inspector of Schools which was made on 9-5-1978. There is no provision saying that the appellate decisions given shall stand invalidated.
8. The omission of the words "in this Chapter "in 1978 would not invalidate the appellate decision of the District Inspector of Schools which was made on 9-5-1978. There is no provision saying that the appellate decisions given shall stand invalidated. It is well settled that where rights have accrued under a law which is subsequently amended, the accrued rights shall not be divested unless there are specific words to that effect in the amending Statutes. 9. It is then urged by Sri G. K. Sahai that the words "in this Chapter" in the Note qualify "Associated Colleges' mentioned in Chapter XIII, clause 13.01 and consequently the Note should he read as meaning that the provisions of Chapter XIII of the Statutes are not applicable to the employees of the College. 10. It is further urged that the words 'mentioned' or 'enumerated' appear to he missing in the Note to Clause 13.01. 11. On a plain reading of the Note only the provisions of Chapter XIII dealing with the Associated College stood excluded in so far as Moti Lal Nehru Regional Engineering College was concerned where they were inconsistent with its Memorandum of Association. We cannot read the Note in the manner suggested by Sri G. K. Sahai as we will have to read the words into the Note which is not possible. The Note is simple to understand and what it says can be easily understood. 12. In the circumstances, it must be held that there was a validly filed appeal before the District Inspector of Schools and the District Inspector of Schools had jurisdiction to allow the appeal filed by Sri Ratan Prakash. 13. It is true that after the amendment of the Note made on 19-7-1978 the position will be different from what it was prior to the amendment. 14. In the result, the writ petition fails and is dismissed with costs. The interim order dated 19-5-1978 is vacated. Any deposit made in compliance with the interim order of this Court dated 19-5-1978, shall be paid over to Sri Ratan Prakash who can withdraw the same. If he has furnished any security in pursuance of the interim order that shall stand discharged.