G. VARANDANIversusKURUKSHETRA UNIVERSITY ANO ORS.

A                            G. VARANOANI
                                   v.
                     KURUKSHETRA UNIVERSITY ANO ORS.

                                  AUGUST 13, 2003.

B            (S. RAJENORA BABU AND DORAISWAMY RAJU, JJ.]


          Service Law:

          Kurukshetra University Act, 1986-Section 4-Guru Jhambeshwar
C   University Act, 1995-Section 35-Some of the teaching staff of Kurukshetra
    University selected and appointed to higher post at Post Graduate Centre-
    Upon constitution of new University P. G. Centre transferred to the new
    University-Claim of such teaching staff that they should be taken back on the
    higher post in the Kurukshetra University-High Court granting relief to one
D   and denying to others-On appeal, held: By creation of new University and
    operation ofstatutory provision, P. G. Centres stood transferred to newly created.
    University in their entirety and went outside the territorial limits andjurisdiction
    of Kurukshetra University-Thus, High Court erred in granting the relief

          Respondent-University advertised certain posts in the Post Graduate
E   Centres. Incumbents applied and got appointments to·the post specially
    created for PG centre. But they remained probationers in such post and
    retained their lien on the substantive post held by them. Thereafter, new
    University was constituted and by the operation of Section 35 of Guru
    Jhambeshwar University Act, 1995, P.G. Centres stood transferred to the
    new University. Incumbents prayed that they be taken back on a higher
F   post in the Kurukshetra University. They were told to get relieved from
    the new University and join in the substantive post held by them prior to
    the seler.tion to the higher post at P.G. Centres. Aggrieved.incumbents filed
    writ petitions. High Court granted relief to one of the applicants and
    denied to others. Hence the present appeals.
G
           Before this Court it was contended that as they were selected and
    appointed at the P.G. Centres by Kurukshetra University, their employer
    is only the said University and they cannot against their will and without
    their consent, be transplanted into the new University, by the ·provisions
    contained in the enactment which constituted the said University and
H                                          416
            .G. VARANDANI v. KURUKSHETRA UNIVERSITY                    417

provided for the transfer of the P.G. Centres with the employees.             A
      Disposing of the appeals, the Court

       HELD: L The posts, which were advertised, to which the
applications were made and got appointed by all those who were before
court, were for the P.G. Centres only, though those Centres were under        B
the control of the Kurukshetra University at the relevant point of time.
Indisputably, those Centres by the creation of a new University and by
the operation of the statutory provisions stood transferred to the newly
created University, in their entirety and they went even outside the
territorial limits and jurisdiction of the Kurukshetra University. Thus the   C
High Court could not have granted any relief to any of these class of
persons against the Kurukshetra University and relief granted by a
summary order without any application of mind to one of tliem cannot
be sustained at all. [424-C; 425-BJ

      Jawaharlal Nehru University v. Dr. K.S. Jawatkar and Ors., [19891       D
Suppl. 1 ~CC 679, distinguished.

      2. In cases where the Kurukshetra University allowed those persons
to join on the basis of their lien, the University may consider whether any
pay protection or what extent such protection may be extended, as per
the rules in force. [425~CJ                                                   E
     CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8703of1997.

     From the Judgment and Order dated 5.8.97 of the Punjab and Haryana
High Court in C. W.P. No. 15256 of 1996.
                                                                              F
                                  WITH

     C.A. Nos. 1272/98, 6339, 6338 of 2003.

     M.N. Krishnamani, Krishan Mahajan, R. Ayyam Perumal, Baldev Atreya
Rakesh K. Sharma, Tribhuvan Dahiya, Uma Dutta, Nidesh Gupta, Naveen           G
Singh, Ms. Minakshi Vij, Dr. K.S. Chauhan, Chand Kiran, Dr. K.P.S. Dalal,
S.K. Jain, A.P. Dhamija and A.K. Sanghi for the appearing parties.

     The Judgment of the Court was delivered by

                                                                              H
    418                      SUPREME COURT REPORTS [2003) SUPP. 2 S.C.R.

A        RAJENDRA BABU, J. Special !eave grante·d in S.L.P.(C) Nos.22833
    and 21612 of 1997.

           The above appeals have been filed by one or the other of the parties
    before the High Court against the decision rendered in th!s group of cases.
    So far as C.A. No.8703/1997 is concerned, it is against the decision in CWP
B   No.15256/96, which came to be disposed of on 5.8.1997 by an order, "For
    orders, see C.W.P. No.18312 of 1996". While dealing with the case in CWP
    No.18312/96, the Division Bench made the observation even at the threshold·
    that the said judgment shall dispose of Civil Writ Petition Nos.14263, 16256,
    16005 and 18312 of 1996 as the question of law canvassed is identical and
C   the facts alone are taken from CWP No.18312/96 filed by one Sunil Deshta.

          C A. No.8703197 : This is against the order in CWP No.15256196.

           As on 21.1.1994 the appellant in this appeal was serving as a confirmed
    Reader in the Faculty of Law of Kurukshetra University, when he applied for
D   selection to the post of Professor at the Kurukshetra University Post Graduate
    Regional Centre, Sirsa, in terms of advertisement issued inviting applications
    therefor on 27. 7.1994, this appellant was said to have been selected as a
    Professor for the Law Faculty Centre at Sirsa and was placed incharge of the
    Cl:lntre, by their regular appointment letter dated 15.8.1994 placing on •'
    probation for a period of one year with effect from the date of joining. The
E   pay scale offered and the allowances admissible as per the University Rules
    for Post Graduate Regional Centre Sirsa/Hissar, etc., were also indicated
    therein. While so, on 29.12.1995 the appellant came to be appointed as
    Dean, Faculty of Law, at the said Centre for a term of three years w.e.f.
    1.1.1996 to 31.12.1998. On 2.7.1996, it appears that the appellant's
    confirmation as Professor in charge of Law at Sirsa was postponed and the
F   appellant was allowed to keep his lien on the substantive post of Reader in
    the Faculty of Law at Kurukshetra. On 16.8.1996, the Government ofHaryana,
    in exercise of powers under Section 4 of the Kurukshetra University Act,
     1986, excluded the Sirsa Centre from its jurisdiction and on 19.8.1996, the
    Kurukshetra University issued a Notification that in terms of the Haryana
G   Government· Notification, the Sirsa Centre stood transferred to the Guru
    Jambheshwar University, Hissar, w.e.f. 26. 7.1996. There is no dispute o.ver
                                                                                            ..,
    the fact that the posts of the Sirsa Centre were also transforred to the jurisdiction
    of the new University at Hissar by the operation of Section 35 of the G.J.
    University Act, 1995. This appellant seems to have made representations on
     19.8.1996 and again on 17.8.1996 to the authorities of the Kurukshetra
H   University about his status and claim that he continued to be an employee of
•     G. VARAND AN I v. KURUKSHETRA UNIVERSITY [RAJENDRA BABU, J.] 419

     Kurukshetra University and, therefore, ought to be taken back as Professor
     in the main Faculty of Law of which he ·claimed to be an integral part under
                                                                                        A
     the Kurukshetra University Act and Statutes made therein. When the appellant
     was informed that he should first get himself relieved of his charge at Sirsa
     Centre from the G.J. University to enable him to join as a Reader in the Faculty
     of Law, Kurukshetra University at Kurukshetra. It is at this stage the Writ
                                                                                        B
     Petition No.15256/96 seems to have been filed not only to quash the relevant
     proceedings, but also for a direction to the Kurukshetra University to take
     back the appellant as Professor, Department of Law, with continuity of service
     with all consequential benefits.

           The first respondent-Kurukshetra University contested the claim              c
     contending that the post advertised was specifically for the Post Graduate
     Regional Centre at Sirsa, to which the appellant was recruited and was not
     meant for the Department of Law at the University Campus, Kurukshetra; that
     the appellant was not confirmed in the said post and having regard to the
     sanctioned strength of Professors in the Department of Law at Kurukshetra,
                                                                                        D
     the appellant could not be taken back as Professor and as informed on
     28.8.1996 he was at liberty to join his substantive post of Reader, which he
     held. It was also pointed out 'Nhen one of the posts of Professors fell vacant
     and the appellant applied for the same and interviews were held for the
     purpose, he was found ·not fit to be even included in the panel of four persons
     prepared then and one Dr. V.K. Aggarwal, who was number one in the merit           E
     panel, was appointed on 12.8.1994. It was also contended that the law classes
     held at Sirsa would not show that the said Centre was part of the Department
     of Law at Kurukshetra. In the light of the Guru Jhambeshwar University Act,
     1995 and transfer of the Post Graduate Regional Centre at Sirsa to the said
     University located at Hissar, the claim of the appellant was untenable, as         F
     noticed earlier. Applying the principles laid down in other common judgment,
     this Writ Petition came to be dismissed. Hence, the said appeal.
-~
          C. A. No.1272/98 : This appeal filed by the Kurukshetra University
     against the order passed in CWP No.7457of1997 on 3.10.1997.
                                                                                        G
           The respondent was appointed by a letter dated 7.9.1994 as a Lecturer
     in Law for the K.U. Post Graduate Regional Centre at Sirsa/Hissar, subject to
     the terms and conditions specified therein. Applications also were invited
•    separately for the posts at Kurukshetra and the P.G. Centres at Sirsa/Hissar.
     Though it appears that simultaneously selections were held for the post of
                                                                                        H
    420                     SUPREME COURT REPORTS [2003] SUPP. 2 S.C.R.

A  Lecturer in the Department of Law at Kurukshetra as well as the Post Graduate
   Regional Centre at Sirsa/Hissar, this respondent applied only for the post at
   P.G. Centre not for the Department of Law in the Campus of Law in the
   Kurukshetra University·and his claims were·considered and selected for the
   P.G. Centre only. On the passing of the Guru JambeshwafUniversity Act, 1995
B and notified on 22.9.1995 the said University came into being.and Section 35
   of the said Act provided for the transfer of the Regional Centre·at Hissarand
  ·Sirsa and the courses run thereunder and the posts created.and filled therefor
   with the properties, etc. relating thereto at the.commencement of this Act to
   vest in the new University and thereby not 01ily the Hissar Centre .came
                                                                                        -
   within the scope and jurisdiction of the Guru Jambeshwar University Act,
C 1995, but he had also been paid salary only from the Guru Jambeshwar
   University from November, 1995 onwards. The respondent herein on 7.4.1997
   submitted a representation to the appellant-University that he be adjusted/
   absorbed in the Department of Law ofKurukshetra University, at Kurukshetra,
   and when it was rejected on 5.5.1997 he filed C.W:P. No.7457/97 to quash the
D same and absorb him in the appellant-University. The Division Bench (different
   from the one which rendered the earlier decision) which heard the Writ
   Petition separately on-3 .10 .1997, while adverting to the decision dated-5.8.1997
   of the earlier Division Bench in CWP N o.18312/96, summarily seem to have
   allowed the Writ Petition in the same terms as ·in the above-said decision
E without even .considering which portion of the said judgment applied to this
   case. Hence, the·respondents ·before the High Court have ·come on appeal.

          C.A. No. 633812003 {Arising out of SLP ( C) No.21612197] : This
    appeal has beenfiled by the Writ Petitioner in CWP No.14263196 before the
    High Court, which came to be decided against him by- the order dated
F   5.8.1997.

          The appellant in this appeal has been working as Lecturer in Law in the
   Kurukshetra University at Kurukshetra. In 1993, the Post Graduate Regional
  .Centres were:created at Hissar and Sirsa and one post of Reader in Law and
   two posts of Lecturers in Law were:created for the Post Graduate Regional
G Centres at Hissar and Sir.sa on 21.1.1994 and pursuant to the advertisement
   and application of this appellant for the post of Reader in the P .G. Centre, this
   appel !ant was appointed by a letter dated. 3 1.12.1994 as the Reader in Law for
   K. U~ Post Graduate Regional Centre, -Sirsa/Hissar, 'subject to the tenns and
   conditions specified therein and was-placed on-probation for a·period of one
H year indicating therein that if the work is not found satisfactory, he will be
      G. VARANDANI v. KURUKSHETRA UNIVERSITY [RAJENDRA BABU, J.] 421

      reverted to the substantive post of Lecturer, Department of Law, and also         A
      directing to give an UnHertaking in the form of an Affidavit that he will serve
      at the P.G. Regional~entre, Hissar/Sirsa. As in the other cases, with the
      formation of the new Guru'Jambeshwar University and the transfer of the P.G.
      Regionitl Centres to the new University by the operation of the statutory
      provisions contained in Section 35 of the Act and the exclusion of the Centre
      at Sirsa by the Kurukshetra University from its territorial jurisdiction, this    B
---   appellant has prayed that he may be allowed to continue his services with
      Kurukshetra University. This appellant was informed that if he gets relieved
      from the new University, he might join as Lecturer in Law in the substantive
      post held by him prior to the selection as Reader in Law at the P.G. Centre.
      This resulted in the appellant filing the above noticed Writ Petition and the     C
      same was contested by the University as in the other cases, raising identical
      grounds. This Writ Petition came to be dismissed by the common order
      noticed above. Hence, this appeal.

            C.A. No. 6339/2003 [Arising out of SLP ( C) No.22833/97]: This is
      against the order in CWP No.16005/96.                                             D
             This appeal has been filed against the common order made on 5.8.1997
      dismissing the Writ Petition filed by the appellant claiming relief against the
      Kurukshetra University, to quash the order allowing to join back in the
      University as Lecturer and for a direction to take him back as Reader in the
      Law Department of the University at Kurukshetra. This appellant joined the E
      Kurukshetra University on 2.1.1979 as Research Assistant in Law in the Law
      Department; that on 1.10.1984 he joined as a Lecturer in the Law Depar:ment,
      Kurukshetra University, Kurukshetra, and was working as such till 1994.
      When pursuant to the advertisement issued, as in the other cases, he applied
      and was selected and appointed by a letter dated 12.8.1994 as Reader at the p
      P.G. Regional Centre, Sirsa/Hissar, subject to the terms and conditions specified
      therein. As in the other cases with the constitution of the new Guru Jambeshwar
      University and by the operation of the statutory provisions, the PG Regional
      Centres with the respective posts and properties attached thereto, stood
      transferred to the new University and when the appellant wanted to join the
      Kurukshetra University and continue therein he was informed that if he gets G
      relieved from the other University, he could join and that too only as Lecturer
      which was the. substantive post he held and not as Reader. On this, the
      appellant filed a Writ Petition seeking similar relief as in the other cases, which
      was seriously contested on the same lines by the University and the Writ
      Petition filed by the appellant came to be ultimately dismissed. Hence, this H
    422                    SUPREME COURT REPORTS [2003] SUPP. 2 S.C.R.

A appeal.
           Heard the learned counsel appearing on either side. It is necessary to
    place on record that C.A. No.8702of1997 filed in this Court by the Kurukshetra
    University against the decision in CWP No.18312 of 1996 - the decision in
    which the claims in all those CWPs dealt with by the Division Bench of the
B   High Court came to be considered in the light of the fact situation in that case
    relating to one Sunil Deshta, came to be dismissed as having become
    infructuous on account of the Writ Petitioner/responde1't in this Court leaving
    the employment of the appellant and having joined Shimla University.

          Whereas the learned counsel for the Kurukshetra University challenged
C the judgments insofar as it went against it, the contesting private respondents,
    who were petitioners before the High Court, reiterated their stand before the
    High Court, by contending that inasmuch as they were selected and appointed
    at the PG Centres only by the Kurukshetra University, their employer is only
    the said University and they cannot, therefore, against their will and without
D   their consent, be transplanted into the new GJ University, be it by the
    provisions contained in the enactment which constituted the said University
    and provided for the transfer of the PG Centres at Sirsa/Hissar with the
    employees for the time being, the properties etc., attached thereto. Strong
    reliance is placed upon the very decision in Jawahar/al Nehru University v.
    Dr. K.S. Jawatkar and Ors., [1989] Suppl. 1 SCC 679, which was relied upon
E   by the Division Bench of the High Court to grant relief in favour of the
    petitioners in CWP No.18312 of 1996 and also deny relief for the others.
    Before us benefit of it was claimed on behalf of the appellant in C.A. No.1272
    of 1998, as well. The learned counsel for the Kurukshetra University sought
    to distinguish the earlier decision of this Court in Jawahar/a/ Nehru University
F   case (supra) as not applicable to the cases on hand and also urged that in
    view of the v.~ry observations contained in Para 8 of the said decision and
    the offer made by the Kurukshetra University in these cases, no relief could
    have been accorded to the petitioners in CWP Nos.18312/96 and 7457/97 as
    well and those Writ Petitions also ought to have been dismissed by the High
    Court.
G
          We have carefully considered the submissions of the learned counsel
    on either side. On going through the decision in Jawaharlal Nehru University
    case (supra), it could be seen that the case therein related to the claims of
    a person and his service - on being appointed as Assistant Professor on
H   regular basis and whose services were said to have been confirmed also, as
 G. VARANDANI v. KURUKSHETRA UNIVERSITY (RAJENDRA BABU, J.) 423

;;uch w .e.f. 29 .8.1979 but the decision to transfer to another University in that   A
 case was taken ori 31.3.1981. Even in such a case, it has been held as follows:-

        "Inasmuch as the transfer of the Centre at Post-Graduate Studies from
        the appellant University to the Manipur University could not result
        in a transfer of the employment of the respondent from the one to the
        other, it must be concluded that the respondent continues in the              B
        employment of the appellant University. The transfer of the Centre of
        Post-Graduate Studies to the Manipur University may be regarded as
        resulting in the abolition of the post held by the respondent in the
        appellant University. In that event, if the post held by the respondent
        is regarded as one of a number of posts in a group, the principle "last       C
        come, first go" will apply, and someone junior to the respon~ent must
        go. If the post held by him constitutes a class by itself, it is possible
        to say that he is surplus to the requirements of the appellant University
        and is liable to be retrenched. But it appears that the respondent has
        been adjusted against a suitable post in the appellant University and
        has been working there without break during the pendency of this              D
        litigation, and we cannot, therefore, permit the appellant University to
        retrench him."

                                                              [Emphasis applied]

       So far as the cases of the appellants in C.A.Nos.8703/97 and the other         E
private appellants other than University are concerned - the Division bench
itself chose to deny the relief that was granted to the writ petitions in CWP
No.18312 of 1996 for the reason, apparently that they applied and got
appointments to the posts specially created for the PG Centres at Sirsa/Hissar,
though for higher positions but those persons not only remained probationers          F
in such posts but also retained their lien in and over the posts of which they
were permanent incumbents in the Department of Law at the University
Campus at Kurukshetra and could not be either regularized or made permanent
in the posts held by them at the PG Centres by the time the GJ University
came to be constituted and by operation of Section 35 of the said enactment
relating to the said University, the PG Centres at Sirsa/Hissar stood transferred     G
to the new University with all properties and personnel including those Writ
Petitioners w.e.f. 26.7.1996. This change could not be said to have been
brought about with any ulterior or sinister motive and the result and abolition
of such posts so far as Kurukshetra University was not bona fide or illegal.
The appeal by the University in C.A.No.8702/97 in respect of one person, who
                                                                                      H
                                                                                            I

                                                                                           /,
     424                     SUPREME COURT REPORTS [2003) SUPP. 2 S.C.R.

A was granted relief (petitioner in CWP No.18312 of 1996), has been rendered
     infructuous and it became unnecessary to consider the correctness of the
     decision relating to the grant of relief therein. Yet another person, to whom
     relief was granted by another Division Bench merely following the decision
     in ·the other case without even any proper or objective consideration as to
B    which .class or category the claimant therein belonged, is the respondent in
     C.A. ·No. 1272 of 1998 and it becomes necessary to consider the correctness
     ofthe same.

            There .can be no controversy over .the position that the posts, which
                                                                                           -
     were advertised, to which the applications were made and got appointed by
C    all those who were before.court, were for the PG Centres at Sirsa/Hissar only,
     though those Centres were under the control of the Kurukshetra University
     at the relevant point-of time. Indisputably, those Centres by the creation of
     a new University and by the operation of the statutory provisions stood
     transferred to the newly .created University, in their entirety and they went
     even outside the territorial limits and jurisdiction of the Kurukshetra University.
D    The Division Bench judgment in C. W.P. No.18312 of 1996 itself noticed the
     distinguishing features between the case of Sunil Deshta on the one side and
     the rest of them on the other hand, while rejecting the claims of others by
     observing as follows :-

             "After examining the matter from all conceivable angles, we are of the
E            view that the stand.taken by the Kurukshetra University is apt in the
             given circumstances. Each one of the aforesaid petitioners applied to
             the post/posts.advertised f~r Post Graduate Regional Centre at Sirsa/
             Hissar. Even in their appointment letters, it was mentioned that each
             one .of them will have to serve at .these Centres. Since the Centres
·F           have now been transferred to the Guru Jambeshwar University, even
             the purpose for which these Centres have been set up has ceased on
             account of.ambit of activities of the-Guru Jambeshwar University. In
             such a circumstance, the petitioner at best could lay a claim to the
             post which he was holding before he applied for any post at Post
             Graduate Centre. Thus, we do not find any merit in any of these writ
G            petitions."

           The said principle, which has our approval, squarely applies and governs
     the appeals in favour of the Kurukshetra University .and.against the private
     party appellants. Even the.principles laid down in Jawahar/al Nehru University
     case (supra) does not help the private party .appellants and respondent in
H    C.A. No. 1272/98 to be granted any relief in their favour. It cannot be stated,
 G. VARANDANI v. KURUKSHETRA UNIVERSITY [RAJENDRA BABU, .l.] 425

nor is it the claim, in these appeals any of the juniors of the appellants and   A
of the respondent in C.A. No.1272/98 are retained in service in violation of
the 'last come, first go' principle, which has been held to apply to cases of
the nature in these appeals, by this Court even in Jawaharlal Nehru University
case (supra). The High Court could not have granted any relief to any of
these class of persons against the Kurukshetra University and relief granted
by a summary order without any application of mind•') tl;e respondent in C.A.    B
No.1272 of 1998 cannot be sustained, at all.

       For all the reasons stated above, C.A. No.1272/98 shall stand allowed
and the remaining appeals shall stand dismissed. In cases where the
Kurukshetra University allowed those persons to join on the basis of their       C
lien, the University may consider whether any pay protection or to what
extent such protection may be extended, as per the rules in force. We say
nothing on it but leave it to the University Authorities. No costs.

N.J.                                                   Appeals disposed of.