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2019 (5) TMI 1219 - SC - Indian LawsMaintainability of petition - termination of services of appellant (teachers of affiliated or associated colleges other than those maintained by Government or local authority) - respondent management submitted that the writ petition was not maintainable against a private unaided college as it was not “State” within the meaning of Article 12 of the Constitution - HELD THAT:- The High Court held that merely because of affiliation to the CCS University, the writ petition was not maintainable against a private unaided college. The order is cryptic, nonspeaking and devoid of any consideration of the statutory provisions of the Act. The effect and consequences of the order of the Vice-Chancellor dated 16.07.2016 has also not been considered. Termination of services of the appellant on 04.06.2015 by a nonspeaking order with immediate effect - HELD THAT:- The college being affiliated to the University was bound by the provisions of the Act with its attendant consequences for noncompliance. The college having accepted the order of the Vice-Chancellor and acted upon the same by holding departmental proceedings cannot urge that it is bound by one part of the order and not the other. It cannot have the benefit of the order without complying with its obligations under the order. A bare reading of the statutory provision makes it manifest that prior approval of the Vice-Chancellor was mandatory before termination of the appellant. Having allowed the order to attain finality, it is not open for the college management to now urge that it was not bound to follow the procedure. The order of termination dated 24.04.2017 being in teeth of Section 35(2) of the Act is patently unsustainable. The termination is in teeth of the provisions of the Act, it is set aside. The appellant is held entitled to reinstatement - appeal allowed.
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