On receipt of this letter, the Governing Body seems to have reconsidered the matter of leave to the respondent, and passed a resolution on April 4, 1962.
1 of March 9, 1962.
The Director had numberauthority to interfere with the second resolution of the Governing Body dated March 9, 1962 and that resolutions of this character passed by a Governing Body did number require the approval of the Director and would have effect by themselves.
He further prayed that the resolution of the Governing Body dated April 4, 1962 be declared ultra vires, void and in effective in law, and the Director should be directed number to withhold the grant in aid to be given to the College on the failure of the Governing Body to put the respondent on companypulsory leave without pay.
The Governing Body in particular was bound by the Rules having accepted them and the resolution of April 4, 1962, was number passed on.
He thereupon applied that he be permitted to rejoin his duties from March 6, 1962 and the Governing Body permitted him to do so by its resolution No.
govern the College did number give power to the Governing Body to put a teacher on companypulsory leave without pay against his will and companysent, the resolution of the Governing Body dated April 4, 1962 by which the respondent was put on companypulsory leave without pay was of numbereffect and in any case the Governing Body should number have acted on the illegal direction of the Director.
He also companytended that the Rules number having the force of law did number affect the powers of the Governing Body of the College in the matter of its functions.
In this letter, the Director informed the College that he was unable to approve the resolution of the Governing Body permitting respondent and certain other teachers to rejoin their duties immediately.
2 dated Match 9, 1962.
This letter along with another letter was companysidered by the Governing Body of the College, and it was resolved in view of these letters that the resolution of March 9, 1962, permitting the respondent to rejoin duties from March 6, 1962 companyld number be given effect to.
The respondent thereupon filed the writ petition in the High Court out of which the present appeal has arisen.
The letter pointed out that such permission was in companytravention of r. 7 of the Rules regarding the Conduct and Discipline of the Employees of Aided Educational Institutions hereinafter referred to as the Rules and companyld number therefore be approved.
The College receives grant in aid from the State of Assam and there are certain companyditions for giving grant in aid.
Appeal by special leave from the judgment and order dated September 25, 1962, of the Assam High Court in Civil Rule No.
16 of 1947, hereinafter referred to as the Act .
This leave was granted to him by the Governing Body of the College by resolution No.
It was further companytended that as the leave rules which.
He therefore worked as such from March 6, 1962.
Consequently the second resolution of the Governing Body dated March 9, 1962 was proper and companyrect and the respondent was properly allowed to rejoin duty after the expiry of his leave on March 6, 1962.
It was further resolved that the respondent and some other teachers be granted leave in accordance with the Rules.
His companytention was that the Rules to which the Director had made reference had numberstatutory force and that he was entitled to leave under the Rules framed by the Gauhati University, which had been accepted by the College.
The respondent therefore prayed for a writ in the nature of certiorari prohibition mandamus declaring r. 7 of the Rules as having numberlegal force and also as having numberbinding character on the Governing Body or the respondent.
account of any threat by the Director.
This resolution of the Governing Body was companyveyed to the respondent by the Principal of the College by letter dated April 5, 1962 and he was told that he had been granted companypulsory leave without pay till the end of the academic session in view of his standing for election in the last general elections.
The Director also added that the Rules had been framed in 1960 after due companysultation with the University and the Assam College TeachersAssociation.
He filed a writ petition in the High Court on the following averments.
These companyditions do number provide for withdrawal of the grant in aid if a private companylege fails to put a teacher, who seeks election to a legislative or local body, on companypulsory leave without pay from the date of the filing of numberination till the end of the next academic Session or till expiry of the term of the office to which the teacher is elected.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
221 of 1962.
This is a private companylege teaching up to B.A. standard and affiliated to the Gauhati University established under the Gauhati University Act, No.
He applied for leave with pay from January 2, 1962 to March 5, 1962 in order to companytest a seat for Parliament.
The respondent as already stated is a teacher in the College.
The respondent stood for election and was defeated.
On March 20, 1962, the Director of Public Instruction, Assam hereinafter referred to as the Director wrote a letter to the Principal and Secretary of the College with reference to the letter of March 10, 1962 from the College in which apparently the Director had been informed of the leave granted to the respondent and certain other teachers in companynection with elections to Parliament and Assam Legislative Assembly.
1062 of 1963.
K. Ramamurthy, for respondent No.
The Judgment of the Court was delivered by Wanchoo J. This is an appeal by special leave against the judgment of the Assam High Court.
S. Pathak and Naunit Lal, for the appellants.
Shri Ajit Kumar Sharma hereinafter referred to as the respondent is a teacher in the Handique Girls College hereinafter referred to as the College at Gauhati.
