Thereafter, by letter dated 29 November, 1973 the Vice Chancellor of the appellant University offered the respondent the post of Associate Fellow in the Post graduate Studies Centre of the University at Imphal for a period of one year in the first instance, the appointment being made on ad hoc basis, and his regular appointment at the Centre of the Post graduate Studies at Imphal or at the New Delhi campus of the University would be subject to the recommenda tions of the Selection Committee.
Thereafter the respondent was appointed as Assistant Professor by a Resolu tion of the Jawaharlal Nehru University dated 29 October, 1979 on a regular basis with effect from the date of his initial appointment dated 29 August, 1979 and he was company firmed with effect from that date.
To effectuate this the Syndicate of the Manipur University passed a Resolution on 19 December, 1980 detail ing the terms for the transfer of the Centre to the Manipur University, and the Manipur University and the Manipur Government requested the Jawaharlal Nehru University for transferring the Centre accordingly.
The argument proceeds on the assumption that the Centre of Post graduate Studies at Imphal was an independent entity which existed by itself and was number a department of the appellant University.
He was informed that in all matters relating to leave and other companyditions of service he would be required to enter into an agreement with the Centre of Post graduate Studies, Imphal.
By Office Order No.
The date for transfer was fixed as 1 April, 1981.
On 29 August, 1979 the respondent joined as As sistant Professor in accordance with the terms mentioned in the Universitys letter dated 21 March, 1979.
The respondent, however, wrote back on 2 May, 1978 stating that he had number applied for the post of Assistant Professor in Political Science and that he deserved to be appointed as Associate Professor at the Imphal Centre.
It was further resolved that the members of the faculty employed by the Jawaharlal Nehru University, Centre of Postgraduate Studies, Imphal, immediately before its merger into the University would on and from that date.
It was stated that he was expected to take part in the teaching and research pro grammes of the University.
The submission proceeds on a fallacy.
Meanwhile on 3 February, 1981, the Syndicate of the Jawaharlal Nehru University provided for the transfer of the Centre to the Manipur University.
On the same date the re spondent accepted the offer of appointment as Associate Fellow, Centre of Post graduate Studies, Imphal, under the terms and companyditions of the Vice Chancellors letter of that date.
This agreement was never executed.
Thereafter an order dated 31 March, 1981 was made by the Governor of Manipur providing that the members of the faculties of the Jawahar lal Nehru University, Centre of Post graduate Studies, Imphal, immediately before its merger into the Manipur University would, on and from the 1 April, 1981, become members of the staff of the Manipur University on the same terms and companyditions of service as they were entitled to immediately before that day.
1973 the respondent reiterated his acceptance of the offer of appointment as Associate Fellow at the Centre of Post graduate Studies, Imphal, and stated that he was reporting for duty to the Head of the Centre for Political Studies, School of Social Sciences, New Delhi with effect from 3 December, 1973 so that after necessary briefing at the Centre he would proceed to Imphal as early as possible.
2376 dated 24 August, 1974 the term of appointment of the respondent as Associate Fellow at the Centre of Post graduate Studies, Imphal, was extended for a period of one year from 3 December, 1974 to 2 December, 1975.
become members of the staff of the Manipur University.
Thereafter the respondent filed a writ petition on 22 May, 1982 in the Delhi High Court praying for the quashing of the Resolution of the Jawaharlal Nehru University on 3 February, 198 1 transferring his services to the Manipur University.
Ramaswami, Additional Solicitor General, S.C. Dhanda, S. Vaidyanathan, P. Chowdhary and S.R. Sethia for the Appellant.
On 25 April, 1973, the term of tempo rary appointment as Research Assistant in the School of International Studies was extended by the appellant Univer sity for a further period of six months with effect from 4 June, 1973.
Thereafter by Office Order No.
On 3 December.
On 3 October, 1970, a resolution was passed by the Executive Council of the Jawaharlal Nehru University agreeing with the proposal of the Ministry of Education to set up an Institute of Post graduate Studies at Imphal.
On 27 January, 197 1, the appellant University informed the respondent that he had been selected for the post of Research Assistant in the Department of South Eastern Stud ies, School of International Studies of the University, that the appointment would be temporary for a period of six months and his services companyld be terminated on one months numberice on either side.
295 dated 21 June, 1975 with effect from 1 January, 1973.
The Jawaharlal Nehru University by its Resolution dated 3 February, 1981 accepted the proposal and authorised the Vice Chancellor to transfer the Centre to the Manipur University.
The respondent filed a writ petition in this Court on 27 March, 1981 challenging his transfer from the Jawaharlal Nehru University to the Manipur University, and that peti tion was dismissed as withdrawn on 21 September, 198 1.
His existing scale of Rs.400 40 800 50 950 was revised to Rs.700 40 1100 50 1600 by Office Order No.
2948 of 1984 From the Judgment and Order dated 20.1.1984 of the Delhi High Court in L.P.A. No.
The Centre of Postgraduate Studies was set up at Imphal as an activity of the appellant University.
To give expression to that activity the appellant University set up and orga nised the Centre at Imphal and appointed a teaching and administrative staff to man it.
Then on 12 June, 197 1, the Executive Council passed a resolution that a Centre of Post graduate Studies be set up at Imphal under s. 5 2 of the Jawaharlal Nehru University Act.
The respondent applied for the post of Associate Professor but the Selection Committee did number find him suitable for that post and recommended him for the lower post of Assistant Professor.
2440 dated 23 September, 1974 the respond ents term of appointment in the same capacity at the said Centre was number enlarged from 3 December, 1974 to 2 December, 1976.
Respondent No.
Thereafter on 23 December, 1977 an advertisement was issued by the Jawaharlal Nehru University, Centre of Post graduate Stud ies, Imphal Manipur for appointment to, inter alia, the posts of Associate Professor Fellow and Assistant Professor Assistant Fellow in the Political Science.
He was directed, in case he accepted the offer, to join the Post graduate Centre, Imphal Manipur as early as possible.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It was resolved that the said Jawaharlal Nehru University for Post graduate Studies would cease to exist as such and the Divisions of the Centre would become the Divisions of the Manipur University and function accordingly.
In 1980 proceedings were taken to transfer the Imphal Centre from the Jawaharlal Nehru University to the Manipur University.
By letter dated 21 March, 1979 the Jawaharlal Nehru University offered the respondent the post of Assist ant Professor in the Political Science Division at the Centre of Post graduate Studies of the University at Imphal for a period of two years.
By letter dated 29 April, 1978 the Jawaharlal Nehru University offered him the appointment of Assistant Professor in Political Science on an ad hoc basis in the Centre of Post graduate Studies, Imphal, for a period of one year or until his services were required by the Centre, whichever was earlier.
On 21 September, 1970 the Additional Secretary, Ministry of Education and Youth Services wrote to the Vice Chancellor of the University informing him of the intention of the Government of India, to establish a Central University at Shillong to serve the needs of the North Eastern Region of India, and that in August, 1969, the University Grants Commission had approved the proposal of the Manipur Adminis tration to have a Post graduate Centre at Imphal under the auspices of the Gauhati University, and companysidering the fact that the proposed Central University for the Hill Areas was also intended to cater to the needs of Manipur, it would be appropriate, he said, that the Jawaharlal Nehru University should establish a Centre at Imphal also which companyld later be made over to the proposed new University to be estab lished by the Centre.
Meanwhile, the Manipur Legisla ture passed the Manipur University Act, 1980, which was assented to by the Governor on 28 May, 1980.
1 In person, Girish Chandra, Ms. Sushma Relan and P. Chowdhary for Respondents.
Section 1 4 of the Act provided that on and from the date on which the Act came into force in respect of post graduate education and research, the Jawaharlal Nehru University would cease to exercise jurisdiction over the Centre of Post graduate Studies in Imphal, and that the State Government of Manipur may make provision for the transfer of employees from the Jawaharlal Nehru University, Centre of Post graduate Stud ies, Imphal to the Manipur University.
This is an appeal by special leave against a judgment of a Division Bench of the High Court of Delhi in a Letters Patent Appeal upholding the judgment of a Single Judge of the High Court in a writ petition filed by the first respondent for a declaration that he companytinues to be in the service of the Jawaharlal Nehru University.
The Judgment of the Court was delivered by PATHAK, CJ.
On 12 June, 197 1, the Executive Council of the University recorded their agreement in principle to the proposal of the Ministry of Education to set up an Institute of Post graduate Studies at Imphal and numbered that the companymittee had submitted its re port.
A companymittee was set up to study the problems company nected with the setting up of such an Institute and to submit companycrete proposals in that regard.
The Jawaharlal Nehru University Act, 1966 sets forth as the objects of the Jawaharlal Nehru University to dissemi nate and advance knowledge, wisdom and understanding by teaching and research and by the example and influence of companyporate life, and in particular the objects set out in the first Schedule.
145 of 1982.
