Judgment:
Arun Tandon, J.
1. Heard Sri Kshetresh Chandra Shukla, learned Counsel for the petitioner, Sri P.S. Baghel, learned Counsel for respondent Nos. 2 and 3, Sri Shailendra, learned Counsel for respondent No. 4 and Assistant Solicitor General of India for respondent No. 1.
2. This petition, which was initially a simple writ petition for a writ of mandamus commanding the Ewing Christian College, Allahabad to offer compassionate appointment to the petitioner, stood converted into a writ petition raising serious legal issues, with regard to the status, Statutory provisions applicable to the Staffs of Ewing Christian College as well as Control exercised by the University of Allahabad over the said institution.
3. Following issues require determination by the Court in view of the contentions raised on behalf of the parties:
(i) Whether the Ewing Christian College continues to enjoy the Status of autonomous college after the enforcement of Act No. 26 of 2005 i.e. University of Allahabad Act, 2005 ( The University of Allahabad being declared as Central University),
(ii) Whether the Vice-Chancellor of the University of Allahabad had any legal authority to extend the alleged autonomous status of the Ewing Christian College for a further period of one year as per the letter of the Registrar of Allahabad University dated 15 th May, 2006 (Annexure-C.A.-3 to the Counter affidavit filed on behalf of Ewing Christian College),
(iii) What if any are the privileges available to an constituent college on being granted autonomy.
(B) (i) Whether the provision pertaining to the appointment of a dependent on compassionate ground would be applicable in respect of employees of Ewing Christian College dying during harness
(ii) Whether in the facts of the present case, petitioner is entitled to such compassionate appointment or not.
4. It has become necessary for the Court to adjudicate upon the legal issues raised, inasmuch as the right to claim compassionate appointment by a dependent of a deceased employees, vis-a-vis the status of Ewing Christian College, would be dependent upon the Statutory provisions which would be applicable. In absence of such determination the Court cannot examine as to whether there exists any legal provision on the basis whereof the application of the petitioner can be processed.
Facts:
5. Petitioner, Raj Kumar claims to be the adopted son of one Ram Chandra. The adoption is said to have been executed on 10 th January, 1995. It is not in dispute that Ram Chandra was employed as a Peon in Ewing Christian College, Allahabad. Ram Chandra expired during harness on 10th April, 2005. Petitioner claims to have been offered temporary appointment, and paid wages for the period of his actual working. It is alleged that the application of the petitioner for compassionate appointment was deliberately not considered by the Principal of the institution. In paragraphs-14 and 16 of the writ petition it has been stated that the petitioner was forced to get himself converted to Christianity by the Principal of the institution for the purposes of consideration of his compassionate appointment. Petitioner complied with the direction and converted into a Christian on 20 thNovember, 2005 and in support thereof, he has brought on record the certificate issued by the Rev. C.P. Raju, Assembles of God Church, Allahabad dated 1st December, 2005 (a copy whereof has been enclosed as Annexure-9 to the present writ petition). It is alleged that despite such conversion, petitioner was not offered compassionate appointment. In paragraph-24 of the writ petition, it has been stated that with the establishment of University of Allahabad as a Central University, Ewing Christian College, Allahabad ceases to be a minority or autonomous college and all provisions applicable to the Associate/Constituent Colleges of the University of Allahabad (including provisions for compassionate appointment became applicable to the said college also). Petitioner, therefore, filed this petition for a writ of mandamus, commanding the respondents to offer compassionate appointment to the petitioner.
6. When the writ petition was taken up, as a fresh matter, learned Counsel for the University of Allahabad was directed to take necessary instructions, with regard to the autonomous status of the Ewing Christian College, subsequent to the enforcement of Act No. 26 of 2005 (University of Allahabad being declared as a Central University) as well as for informing the Court as to how service condition of the employees of the Ewing Christian College are regulated, so that this Court could examine as to whether there was a provision for compassionate appointment applicable to the staff of the college.
7. In response to the directions so issued by this Court on 27 th July, 2006, an affidavit was filed on behalf of the University of Allahabad through Assistant Superintendent (Legal Cell) and in paragraphs-6 and 7 it has been stated that since the autonomous status of the Ewing Christian College was due to expire and further since the regular Registrar as well Finance Officer had not been appointed and that the Ordinances could not be framed by the University, the Vice-Chancellor of the University proceeded to extend the autonomous status of the college provisionally beyond the cut off date as provided for in Statute 31.3 of the First Statute of the University of Allahabad. In paragraph-10 of the counter affidavit, it has been highlighted that although under Statute 31.3, the extension of autonomy is prescribed for a period of one academic year only but in special circumstances, the Vice-Chancellor decided to extend the autonomy of the college beyond the said prescribed period of one academic year. In paragraph-14 of the affidavit, a stand was taken that the College was a minority institution. it has its own service conditions and insofar as, the role of the University is concerned, it provides degrees to the students concerned. On the aforesaid allegations, it was claimed that the writ petition lacks merit and be accordingly dismissed.
8. On behalf of Ewing Christian College a counter affidavit was filed on 13 th September, 2006 by the Principal of the College. In paragraphs-4 and 5, it has been stated that the institution has been declared as a 'Minority Institution' by the State Government in February, 1996. The institution was granted autonomous status by the University of Allahabad for the first time in the academic session 1994-95, for a period of five years, which was subsequently extended for another term of five years upto year 2004-05. It has been further stated that in the year 2005, a Review Committee was constituted, which recommended for further grant of autonomy for another period of five years w.e.f. 2004-05. However, no action could be taken on the recommendation of the Review Committee, inasmuch as in the meantime, the University of Allahabad was established as a Central University under Act No. 26 of 2005, which was enforced w.e.f. 23 rd June, 2005.
9. While giving para-wise reply to the contends of the writ petition, various factual issues with regard to the adoption claimed by the petitioner being a fraud and allegations of forged papers being prepared have been stated, accordingly, the right claimed by the petitioner for compassionate appointment, has been disputed. It is claimed that the Ewing Christian College is a minority institution and is still enjoying the privileges of being autonomous college (Reference para-10 of the counter affidavit filed on behalf of the College).
10. In order to keep the records stated, it may be recorded that on 10 th November, 2006 another affidavit along with an amendment application was filed by the Registrar of the University of Allahabad and paragraph-14 of the earlier counter affidavit filed on behalf of University of Allahabad, it is prayed as follows:
Prayer
(i)...
(ii)...
(iii) Paragraph No. 14 of the counter affidavit may be deleted, and it may be substituted by the following paragraphs:(a) That University of Allahabad Act, 2005 does not provide any separate provision for the minority institution. All the provisions of the Act and the Statute are applicable to a minority institution, subject to Article 30 of the Constitution of India.
11. By means of this affidavit, the report of the Review Committee dated 10 th April, 2005 as well as the minutes of the meeting of the Executive Council dated 3 rd May, 2006, whereby the decision of the Vice-Chancellor to extend the autonomous status of the college for a period of one year on provisional basis, has been ratified, have also been brought on record.
12. Supplementary counter affidavit has also been filed on behalf of Ewing Christian College on 30th October, 2006, which refers to various provisions of the U.P. Act No. 26 of 2005 as well as to the First Statute framed under the Central University Act as well as to the provisions of State Universities Act, 1973 as well as Statute framed under the State Act. As many as five additional documents have been brought on record, on the strength whereof, it is claimed that the extension of the autonomous status by the University of Allahabad under the order of the Vice Chancellor of the University of Allahabad is in accordance with law and the institution cannot be permitted to suffer because of in ordinate delay on the part of the University of Allahabad to frame its Ordinances.
13. Second Supplementary Counter Affidavit has also been filed on behalf of Ewing Christian College on 10 th November, 2006, wherein documents pertaining to grant of autonomous status under the State Universities Act and subsequent extension, thereafter under the letter of the Registrar dated 16 th May, 2006 have been annexed and explained. It may be clarified that for the first time the college has come up with a stand in paragraph-22 of the said affidavit that under the autonomous status conferred upon the institution, it has following privileges only:
(a) to frame courses in subjects covered by its privileges,
(b) to appointment person qualified to be appointed as external and internal or examiner,
(c) to hold examination
(d) to make such changes in the method of examination and teaching, as in the opinion of the college are conducive to the maintenance of the standard of the education.
14. With regard to all other matters the provisions of University of Allahabad Act and Statutes framed thereunder subject to the provisions of Article 30 of the Constitution of India, have been admitted to be applicable.
15. Reference has also been made to the provisions of Section 35(2) of the State Universities Act, 1973, which lay down certain special provisions in respect of minority degree colleges.
16. Rejoinder affidavit has been filed on behalf of the petitioner. Factual statements made in respect of fraud, misrepresentation etc. against the petitioner have been denied including the allegations of concealment of facts as made in the counter affidavits.
17. After the affidavits were exchanged an amendment application was filed on behalf of petitioner seeking relief in the nature of certiorari for quashing the autonomous as well as minority status of Ewing Christian College. This amendment application was allowed by the Court on 10 th November, 2006.
18. To the amendment application, counter affidavit has been filed on behalf of Ewing Christian College on 22 nd November, 2006 and in paragraph-4 it has been stated that copy of the amendment application was served only on 10 th November, 2006 upon the learned Counsel for the college. It has been further stated that the amendments prayed for may be rejected, as they raises a cause outside the scope of the reliefs prayed for in the writ petition. Lastly it has been stated that the petitioner, who claims compassionate appointment, cannot be permitted to challenge the minority and autonomous status of the college.
19. I have heard learned Counsel for the parties and have gone through the records of present writ petition.
20. The issues, which have arisen in the present writ petition may be broadly classified into following sub-heads and decided accordingly:
(A) Autonomous status of the college:
21. Prior to the University of Allahabad being declared a Central University under Act No. 26 of 2005, Ewing Christian College was originally an associate college of the University of Allahabad (State University). On 6th June, 1990, with reference to the Statute 20.05 of the 1st Statutes of the State University and with the occurrence of the University Grants Commission, the College was conferred autonomous status for a period of five years, at the first instance, from the academic year 1989-90.
22. The autonomous status of the college was thereafter extended with the approval of the University Grants Commission, as per the letter dated 7th August, 1994 for a further period of five years commencing from academic session 1994-95 [Reference letter issued by the office of the Chancellor dated 6 th July, 1994 (Annexure-4 to the second supplementary counter affidavit filed by the Ewing Christian College)]. The period of five years subsequent to the aforesaid letter expired in the year 1999-2000.
23. In paragraph-22 of the Counter Affidavit filed on behalf of the college, it has been stated that a recommendation was made for extension of the autonomous status of the college for a further period of five years, by a Team appointed by the University Grants Commission, which inspected the college in the year 2000 and extension was provided upto 2003-04. Though no letter of the University Grants Commission has been brought on record.
24. The college applied for extension of the autonomous status and a Review Committee was constituted on 8th April, 2005. The recommendations of the Review Committee were forwarded to the University Grants Commission, under a letter signed by the Registrar of the Allahabad University on 7th September, 2005 i.e. Subsequent to the University of Allahabad being declared a Central University (in between Act No. 26 of 2005 was enforced).
25. On record is a letter of the University Grants Commission dated February, 2006, wherein the college was informed that an Expert Committee would visit the institution in respect of the extension of autonomous status of the college. The letter specifically records that the period of autonomy, if extended, would be under the State Universities Act for the academic session 2004-05 and 2005-06 only and thereafter under the Central University for the period 2006-07 to 2011-12. (Reference Annexure-4 to the Affidavit filed by respondent No. 4 dated 19 th October, 2006)
26. The Registrar of the University under letter dated 16 th May, 2006, informed the College that the Vice-Chancellor of the University of Allahabad (Central University) has been pleased to approve the provisional extension of autonomy of Ewing Christian College beyond the prescribed cut off period under Statute 31.3 for the one more academic session i.e. 2006-07 only. (Reference Annexure-3 to the Counter Affidavit dated 13th September, 2006 and Annexure-6 to the Second Supplementary Counter affidavit dated 10 th November, 2006). It is on the strength of the aforesaid document and the proposal submitted by the college for grant of extension of autonomous status, that the Ewing Christian College claims autonomy.
Contentions:
27. Learned Counsel for the petitioner submits that with the enforcement of Central Act No. 26 of 2005, the autonomous status, if any, of the Ewing Christian College came to an end after expiry of the academic year, during which the Act was enforced i.e. 2005-06, in view of Statute 31.3. He points out that the College was obliged to make afresh application for being conferred the privilege of autonomous college in accordance with the Statutes and Ordinances framed under the Central Universities Act, which has not been done. The Vice-Chancellor has no authority under law to issue any orders contrary to the aforesaid First Statutes of the University of Allahabad (Central University). The order extending the autonomous status, as per the letter of the Registrar dated 16th May, 2006 for the academic year 2006-07, is wholly without jurisdiction and cannot, in any way, be read, so as to suggest that Ewing Christian College continues to enjoy the privileges of autonomous status. He further disputes the minority character of the Ewing Christian College (although no material facts, in support thereof, have been brought on record).
28. Learned Counsel for the college submits that autonomous status is one time affair, however, subject to the review by the University Grants Commission/ University from time to time. It is contended that the autonomous status is permanent and substantive in nature, subject to the requirement of review after five years or three years, as the case may be. In the alternative, it is contended that even if, it is held that grant of autonomous status is time bound, no fault can be attributed to the college, inasmuch as it had applied for extension of autonomous status within reasonable time. Expert Committee had also been constituted, which had made its recommendation. However, before recommendation of the Expert Committee for extension of the college could be acted upon, Central Act No. 26 of 2005 was enforced along with first Statutes. Under Statute 31.3 fresh application for grant of autonomous status to the college has to be made in accordance with the Ordinances to be framed. Since till date Ordinances have not been framed/enforced by the University of Allahabad (Central University), no such application could be made. The institution cannot be permitted to suffer because of the lapse on the part of the University.
29. The Vice Chancellor being aware of the prevailing circumstances, has rightly exercised his emergent powers under Section 14(3) of the Central University Act read with Section 8(2) while passing the order as per the letter dated 16 th May, 2006.
30. Sri Shailendra submits that there is no material on record to challenge the minority status of the college nor any material fact, has been brought on record by the petitioner in that regard.
31. Sri P.S. Baghel, learned Counsel for the University states that in view of Statute 31. 3 of the First Statute of the Central University Act the extension of the autonomous status could continue only for one academic year with reference to the date, on which the Act was enforced. However, since the Ordinances of the Central University had not been framed/enforced, the Vice-Chancellor in the interest of justice, directed the extension of the autonomous status of the college, for another academic year 2006-07, although such extension is not provided for under the Act or under the Statutes. It is further stated that the decision of the Vice-Chancellor of the University of Allahabad was communicated by the Registrar to the University Grants Commission as well as to the Executive Council of the University. No objection to the decision taken by the Vice Chancellor has been raised till date by any of the two authorities.
Findings:
32. It is in this backgrounds that the Court has to examine the legality of the autonomous status claimed by the Ewing Christian College as well as legal authority of the Vice-Chancellor to extend the autonomy of the College for the period beyond the prescribed term as per the Statute 31.3 of the First Statutes appended to the Allahabad University Act and more importantly as to what privileges is an autonomous college entitled to under law.
33. From the facts, which have been recorded above, it is apparent that autonomous status was conferred upon the Ewing Christian College under the State Universities Act for the first time in the year 1988-89 for a period of five years. Thereafter there was an extension for a further period of 5 years in the year. 1994-95, for the period commencing from academic session 1994-95. This period of extension would expire in the year 1999-2000. There is no order of the University or of the University Grants Commission extending the said autonomous status subsequent to the year 1999-2000. However, there is an uncontroverted averment on oath that the autonomous status was extended upto the year 2004-05. The stand so taken is further supported by a letter of the University Grants Commission dated February, 2006 (Annexure-4 of the Affidavit filed on behalf of the College dated 19 th October, 2006), which provides for consideration of the continuance of the autonomy of the college for academic session 2004-05 and 2005-06 under the State Universities Act and for academic session 2006-07 to 2011-012 under the Allahabad Universities Act (Central University). Thus, this Court may, on the basis of record, accept that the college enjoyed the autonomous status with the approval of the University Grants Commission for the period upto to 2003-04 only. There is no material to establish that the autonomous status of the college infact was extended under any written order of the University or of the University Grants Commission subsequent to 2003-04. Consequently this Court may record that on the date Act No. 26 of 2005 was enforced i.e. 11 th July, 2005, the College was not enjoying the status of autonomous college under any written orders of the Authorities concerned, namely, University Grants Commission, Chancellor of the University of Allahabad/Governor (State of Uttar Pradesh). The University of Allahabad, however, continued to treat the College as an autonomous college, even after the academic session 2003-04 and dealt with the College in the like manner, for which no explanation has been furnished.
34. The Court may now examine the provisions of the Act No. 26 of 2005 with reference to the grant of privilege of autonomy to constituent colleges.
Section-7. The University shall have the following powers, namely:
(xiii) to confer autonomous status on a college or an institution or a Department, as the case may be, and to withdraw such status, in accordance with the Statutes;Section-8.(1) ...
(2) On and from the appointed day, all institutions admitted to the privileges of, or maintained by, the University of Allahabad as incorporated under the Uttar Pradesh State Universities Act, 1973 shall stand admitted to the privileges of, or maintained by the University and shall be governed by such conditions as may be prescribed by Statutes.
Section-14.(1) The Vice-Chancellor shall be appointed by the Visitor in such manner and on such terms and conditions of service as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decision if all the authorities of the University.
(3) The Vice-Chancellor may if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter.
Provided that such exercise of power shall be made only in emergent situations and in no case in respect of creation, and upgradation of posts and appointments thereto:
Provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:
Section-27.Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:
(k) the conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(m) the conferment of autonomous status on a college or institution or a Department and the withdrawal of such status:
Section 29...
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.
Section-44.(1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be: so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.
Section- 45. (1) Notwithstanding anything contained in this Act and the Statutes,--
(2) Till such time as the first Ordinances are not made under Sub-section (2) of Section 29, in respect of the matters that are to be provided for by the Ordinances under this Act and Statutes, the relevant provisions of the Statutes and the Ordinances made immediately before the commencement of this Act under the provisions of the Uttar Pradesh State Universities Act. 1973 shall be applicable insofar as they are not inconsistent with the provisions of this Act and Statutes.
35. Reference may also be had to the following First Statutes of the University of Allahabad (Central University), as per Schedule Appended to the Act No. 26 of 2005, relevant for our purposes.
31. (1) The following shall be Constituent Colleges, namely:
(iv) Ewing Christian College. Allahabad;(2) Matters relating to the constitution of the management, the powers of the Vice-Chancellor to issue directions to, and to enforce his orders against, the management, the conditions for the continuance, enlargement and withdrawal of the privileges of Constituent Colleges and the grant to and withdrawal from them of the autonomous status shall be prescribed by the Ordinances:
Provided that every Constituent College shall be required to undergo the process of assessment by a visiting Peer Team of the National Assessment and Accreditation Council, set up under Section 12(ccc) of the University Grants Commission Act, 1956, and accreditation by the said Council within a period of three years from the date of the commencement of the Act.
(3) Where under the provisions of the Uttar Pradesh State Universities Act. 1973 a Constituent College had been granted permission by the predecessor University to impart instruction for a Post-graduate degree other than the degree of Bachelor of Laws or to exercise the privileges of an Autonomous College, such permission shall cease to have effect upon the expiry of the academic year immediately following the academic year during which the Act has commenced or of the period for which such permission had been granted by the predecessor University, whichever is earlier, without prejudice to the right of the Constituent College concerned to apply afresh for such permission in accordance with the provisions of the Statutes and the Ordinances.
36. From the aforesaid statutory provisions it is apparent that Ewing Christian College was declared to be a Constituent College of the Central University under Statute- 31 (i) (iv) while Sub-clause (3) of same Statute-31 declares that if a college enjoyed the privilege of autonomy under a permission of the Predecessor University (State University). Such permission shall cease to have effect upon the expiry of the academic year immediately following the academic year during which the (Central) Act has commenced or from the date the period for which such permission had been granted by the Predecessor University, expires whichever is earlier. A right has been conferred upon the Constituent College to apply afresh for such privilege of autonomy in accordance with the provisions of the Statutes and the Ordinances.
37. As recorded above, the privilege of autonomy conferred by the Predecessor University (State University) upon Ewing Christian College came to end with end of the academic year 2003-04. No orders in writing have been brought on record for establishing the extension of such privilege, for any period beyond 2003-04. Therefore, on the date the Act No. 26 of 2006 was enforced, the College was not enjoying any privilege of autonomy under any order in writing and therefore, extension as contemplated by Clause-3 of Statute-31 had no application.
38. Even if it is assumed from the conduct of the Officers of the University of Allahabad (State University), that Ewing Christian College was enjoying the privilege of autonomy, even for the academic year 2004-05 and 2005-06 when Act No. 26 of 2005 was enforced i.e. 11 th July, 2005, the privilege would expire on 30th June, 2006 i.e. upon the expiry of the academic year in which Act No. 26 of 2005 had been enforced. Therefore, for any period subsequent to 30th June, 2006 the privilege of autonomy enjoyed by the Ewing Christian College would cease by operation of law, in view of the specific language of Statute 31.3. The said conclusion is based on simple reading of the language of Statute 31.3.
39. It may also be clarified that whatever correspondence has been brought on record by the College or by the University, qua extension of period of autonomy subsequent to 2003-04; namely, the nomination of the team of experts, the report of the team nominated for the purpose by the University, are all under the State Universities Act. It is admitted to the respondents that no application for grant of privilege of autonomy under the Allahabad University Act, 2005 has been filed.
40. The Court may record that the contention raised on behalf of the Ewing Christian College to the effect that Allahabad University has a power to confer the privilege of autonomy upon a constituent College, in view of Section 7(xiii), and since Ewing Christian College was admitted to be privileges of autonomy by the Predecessor University, to such privileges, it would continue to enjoy the same even after Allahabad University Act, 2005 had been enforced, in view of Section 8(2) of the Act has necessarily to be repelled.
41. Power to grant the autonomous status or to withdraw such status, under Section 7(xiii) is substantive provision conferring a power upon the Central University to do so as per the provisions applicable to Central University. This Section does permit extension/continuance of the privilege conferred by the Predecessor University.
42. Section 8(2) permits admission to the privileges conferred upon the Colleges by the Predecessor University under the State Universities Act, 1973, even under the Allahabad University Act, 2005 is enforced, subject to the conditions as may be prescribed by the Statutes. Since Statutes 31.3 has restricted the enjoyment of the privilege of autonomous status conferred by the Predecessor University for only one academic year with reference to the date of enforcement of the Central Universities Act, the privileges of autonomy of Ewing Christian College would necessarily cease with the end of the academic year. Section 8(2) of the Act has to be read along with Statute- 31 (3) and not independent of it.
43. So far as the emergent powers of the Vice-Chancellor under Section- 14(3) of the Act No. 26 of 2005 are concerned, the power has to be exercised only in (i) situations, which need immediate action, (ii) only in respect of a matters, where power is otherwise has been coffered on any authority of the University under the Act.
44. This emergent power cannot be exercised for over reaching the restrictions placed under the 1st Statutes of the Allahabad University. The power of the Vice-Chancellor under Section 14(3) has to be in furtherance of the provisions of the Act No. 26 of 2005 and statutes framed thereunder and not in derogation thereof. The limitations placed on the enjoyment of the Statutes of autonomy conferred by Predecessor University only for a period of one year subsequent to Enforcement of Central Act cannot be diluted by the Vice-Chancellor by passing orders in exercise of emergent powers under Section 14(3).
45. Even otherwise, this Court is satisfied that there was sufficient long period of one year for the Ewing Christian College to apply for autonomous status under the Central Universities Act and therefore, there was no emergent situation under which the Vice-Chancellor could have directed the extension of autonomy of Ewing Christian College.
46. This leads the Court to examine the stand taken by the University as well as Ewing Christian College to the effect that since Ordinances by the Central University have not been notified, the applications for grant of autonomy privilege could not be made; and it is in this background that the Vice-Chancellor has exercised the emergent power, which resulted in the letter of Registrar dated 16 th May, 2006.
47. Section 7 and Section 27 read with Statute 31(2) and 31(3) lead to one conclusion that any constituent college of the Allahabad University may make an application for the conferment of privilege of autonomy in accordance with Statute/Ordinances. The 1st Statutes do not lay down any procedure for such application being made and the Ordinances by the Central University have not been notified under Section- 44 of the Act No. 26 of 2005 till date.
48. Still there is no vaccum inasmuch as Section 45(2) of the Act No. 26 of 2005 takes care of such a situation. It provides that till such time first Ordinances under Central University are not made in respect of matters that are to be provided for by the Ordinances under the Central Act, the relevant provisions of the Statutes and the Ordinances applicable immediately before the commencement of the Central Act shall continue to be applicable, insofar as they are not inconsistent with the provisions of the Central Act and the Statutes. Meaning thereby, that so long as the Ordinances/Statutes laying down the procedure for an application being made for conferment of autonomous status under the Allahabad University Act, 2005 are not notified. The Ordinances of the State University Act would continue to be applicable, insofar as they are not inconsistent.
49. Consequently, the stand taken by the Vice-Chancellor of the University of Allahabad as well as by the College to the effect that since the Ordinances had not been framed, the Ewing Christian College could not apply for conferment of autonomy with the Central University is based on complete non-consideration of Section 45(2) of Act No. 26 of 2005. The University of Allahabad and the Ewing Christian College have cared little to examine the provisions of the Allahabad University Act, 2005 and the First Statutes framed thereunder. Extension of non-existent autonomous status of the Ewing Christian College, and the method of dealing with the said college in respect of other matters, on a misconceived notion that the College was enjoying an autonomous status cannot be approved of.
50. It is also worthwhile to notice the language of Statute 31(2) of the 1st Statutes with regard to the continuation and enlargement and withdrawal of the privileges of the constituent colleges, vis-a-vis the grant and withdrawal of autonomous status. The language of the said Statutes makes it apparently clear, so far as the privilege as Constituent College is concerned, the same can be continued, enlarged or withdrawn by making provisions to that effect under the Ordinances. With reference to the Status of autonomy, the provisions, which can be made under the Ordinance is only in respect of the grant and withdrawal of the autonomous status. No Ordinance can be framed which may provide for continuance/enlargement of privilege of autonomy granted under the State Universities Act.
51. It is apparently clear that after the enforcement of Act No. 26 of 2005, the constituent college, which was earlier conferred privilege of autonomy must necessarily makes a fresh application for grant of autonomous status under the Allahabad University Act, 2005 after expiry of the one academic year from the date the Act was enforced and it is only on consideration of such fresh application for conferment of privilege of autonomy under the Allahabad University Act, 2005 by the Authority concerned that any College can claim status of autonomy and the privileges following there-from.
52. This Court has no hesitation to hold that the University of Allahabad and its Authorities have failed to appreciate the intent and scope of the Allahabad University Act, 2005 with regard to conferment of autonomous status upon the Constituent Ewing Christian College. The order of the Vice-Chancellor of the University, as communicated under the letter of the Registrar dated 16th May, 2006, extending the privileges of autonomy of the Ewing Christian College is de hors the provisions of Act No. 26 of 2005.
53. This Court would have normally quashed the order of the Vice-Chancellor extending the autonomous status of Ewing Christian College and would have insisted upon the University to ensure that all provisions of the Allahabad University Act, 2005 as applicable to any other constituent college, are applied to the Ewing Christian College for academic session 2006-07. Such a direction is not being issued only because of repeated request made by Sri P.S. Baghel learned Counsel for the University to the effect that the academic session 2006-07 has practically come to end and quashing of the autonomous status of Ewing Christian College, may lead to serious consequences and may ultimate jeopardise the academic career of the students of Ewing Christian College, who are thousands in number. This Court, therefore, instead of quashing of the order of the Vice-Chancellor, as communicated under the letter of the Registrar, extending the autonomous status of the college dated 16th May, 2006, in larger interest of the students of the institution, feels it proper to provide that beyond academic session 2006-07 i.e. from 1st July, 2007, the Ewing Christian College shall be treated to be a Constituent College only, and the University of Allahabad shall deal with it accordingly, subject to the condition that the Ewing Christian College may apply for grant of autonomous status afresh under Statute 31.3 read with Ordinances referable to Section 45(2) of the Act No. 26 of 2005. The aforesaid directions shall be carried out by the University of Allahabad with all sincerity.
54. Since, there is nothing on record to substantiate the allegations that the Ewing Christian College is not a minority institution, inasmuch as no material facts with regard to the establishment or its administration have been brought on record by the petitioner, the contention raised in that respect has necessarily to be rejected. This Court may clarify that the Court has not adjudicated upon the merits of the minority status claimed by the College in absence of material facts having not been brought on record.
55. The Court may now examine the issue qua the provision which would be applicable for regulating the service conditions of teachers and staffs of the Ewing Christian College on treating it to be still an autonomous college. Ewing Christian College was conferred the privileges of autonomous status under the State Universities Act. The First Statutes of the University of Allahabad, as were applicable under Chapter-XX, Statutes 20.01 to 20.12 of the First Statutes, 1976, deal with the procedure to be followed in respect of an application for being made for autonomous status and the privilege flowing there-from. For our purposes Statutes 20.01 and 20.08 of the State Universities Act are being quoted herein below:
20.01. The Management of an associated college desirous of obtaining the privileges of an Autonomous College shall apply to the Registrar specifying clearly-
(a) the variation proposed in or from the course of study prescribed by the University including the institution of a course in a subject not provided for by the University and the substitution of a course for the one prescribed by the University;
(b) the manner in which the college proposes to hold examinations in the courses so varied;
(c) the details of its finances and assets, the strength and qualifications of its teaching staff, the facilities available, for the advanced research work, and the advanced research work already done, if any.
20.08 (1) Subject to the provisions of Section Autonomous College shall be entitled--
(a) to frame the courses in the subjects covered by its privileges;
(b) to appoint persons Qualified to be appointed as internal or external examiners of such subject:
(c) to hold examinations and to make such changes in the method of examination and teaching as in the opinion or conducive the maintenance of the standard of education.
56. From the aforesaid, it is clear that status of autonomy only confers following privileges: (a) to frame courses in the subjects covered by the privilege, (b) to appoint persons qualified to be appointed as internal or external examiners in such subjects, and (c) to hold examinations and to make such changes in the method of examination and teaching for maintenance of the standard of education. It is, thus, apparent that autonomy is not granted to the institution as a whole, it is granted for the courses in respect of which autonomy is applied for, on condition being satisfied. In a given case all the courses offered in the College may be conferred the privilege of autonomy but the converse is not true i.e. if autonomy is granted in respect of few courses to the college, the other courses offered by college are not to-be covered to by the privilege of autonomy nor the entire college can be termed a autonomous college as a whole. Further the status of autonomy does not dilute the other provisions of the Statutes and the Ordinance as are applicable to any other Constituent College of the University. The provisions of First Statute of the University of Allahabad would continue to apply to autonomous college, as are applicable to any other affiliated college (now constituent college) except to the extent provided vide Statute 20.08.
57. In view of the aforesaid provisions, the stand taken in the First Affidavit filed on behalf of the University of Allahabad, which reads as follows:
14. That in view of the fact that the institution in question is a minority institution, it governs its own service conditions and insofar as the role of the University is concerned, it only provides Degrees to the students concerned.
58. intact reflects the exact manner in which the Allahabad University has been dealing with Ewing Christian College under misconception of privileges flowing from autonomy and is shocking.
59. The stand as revised under the amendment application filed by Allahabad University for deletion of Paragraph-14 of the 1st Affidavit and substitution of the same, is only a statement of legal position as follows from the Act/Statute and Ordinances. It is not a statement of fact with regard to the method in which the Allahabad University has dealt with the Ewing Christian College.
60. The University of Allahabad has not regulated the Ewing Christian College in accordance with the provisions of the Act. Statute and Ordinances framed thereunder, which are applicable to all Constituent Colleges. The University in fact has only proceeded to award the degrees to the students, who were admitted and examined by the said College. The aforesaid conclusion is supported from the fact that subsequent to the grant of autonomous status in certain courses only to the Ewing Christian College and its renewal thereof, the College has started new course in following subjects:
(a) B.Ed. Course from 2001
(b) Diploma in Business from 1995
(c) Institute of Management and Technology from 1997
61. In respect of aforesaid new courses also the University of Allahabad has permitted the college to hold its own examinations and to appoint its internal and external examiners as well as to lay down the courses in respect thereto. The aforesaid courses were not subject matter of grant of autonomy to the Ewing Christian College in the year 1998 and therefore, they are not within the privilege of autonomy as granted to the college. The University of Allahabad was duty bound to ensure that examinations in respect of aforesaid courses are held by the University, according to the course prescribed by the University similarly. External and Internal examiners are appointed by the University. This has not been done in the matter.
62. This Court is sorry to record that the State of affairs in the facts of the present case, present a very disturbing picture qua the control of the University over its Constituent College, namely, Ewing Christian College.
63. Since this Court has come to the conclusion that the Ewing Christian College is only an Constituent College of University of Allahabad like other colleges mentioned in the Statute-31.01. All the provisions of the Act, First Statutes and Ordinances applicable to any other Constituent College would apply equally to Ewing Christian College. The provisions relating to compassionate appointment as applicable to any other constituent college are, therefore, applicable to Ewing Christian College also. This Court may record that at no point of time learned Counsel for the Ewing Christian College or University of Allahabad denied the existence of the provisions for compassionate appointment being applicable to a dependent of an employee dying during harness, of Constituent Colleges of Allahabad University. Existence of such a provision has more or less been admitted. The explanation furnished originally was that since the Ewing Christian College was an autonomous college, the University of Allahabad has no control on the college, while under the amended stand the legal provisions as applicable have only been stated without such control in fact being exercised by the University. All the provisions of the Allahabad University Act/Statutes and Ordinances could apply to Ewing Christian College including the service conditions applicable, insofar as they are not inconsistent with Article 30 of the Constitution of India. This Court, therefore, holds that the provisions applicable to employee of constituent colleges providing for compassionate appointment, shall also apply qua teachers, staffs and other employees of the Ewing Christian College.
64. So far as the claim of the petitioner for compassionate appointment is concerned, there is serious factual dispute with regard tot he claim set up by the petitioner for compassionate appointment. The College has filed various documents alleging fraud and misrepresentation against the petitioner. The allegations so made have been denied by way of Rejoinder affidavit. These disputed questions of fact may not engaging the attention of the Court any further, inasmuch as this Court of the opinion that the individual right of the petitioner to claim compassionate appointment can be more appropriately examined by the Vice-Chancellor of the University of Allahabad at the first instance.
65. It is therefore, provided that the petitioner may make a representation, in support of his claim for compassionate appointment, supported by such documents as he may be advised, within three weeks from today, along with a certified copy of this order, before the Vice-Chancellor of the University of Allahabad. On such representation being made, the Vice-Chancellor shall consider and decide the representation so made, after affording opportunity of hearing to the Principal of Ewing Christian College, strictly in accordance with law, by means of a reasoned speaking order, preferably within six weeks from the date the representation is so made.
66. With the aforesaid directions/observations, the present writ petition is disposed of finally.