S C SINGHversusSTATE OF UTTARAKHAND AND ORS.

                       [2018] 14 S.C.R. 1075                             1075


                             S C SINGH                                   A
                                  v.
             STATE OF UTTARAKHAND AND ORS.
                  (Civil Appeal No. 11856 of 2018)
                       DECEMBER 05, 2018                                 B
                        [U. U. LALIT AND
         DR. DHANANJAYA Y CHANDRACHUD, JJ.]
       Service Law – University-Second respondent passed
resolution terminating College Development Council (CDC) –               C
Challenged by the appellant-Director of CDC – High Court quashed
the resolution directing that while the CDC will continue, it will be
without the Appellant as its Director – Plea of appellant that the
tenure limitation for two terms of three years can only apply to those
Directors appointed on deputation – Held: Terms of the
                                                                         D
advertisement issued by the University calling for applications for
the posts in the newly constituted CDC are material – Appellant
was put to notice that his appointment was for three years – Though
the office order by which the Appellant was appointed as Director,
CDC does not mention a tenure, however, it cannot be said that the
Appellant was not put to notice that his appointment to the post of      E
Director, CDC was for three years – Appointment was in terms of
the advertisement – Further, Clause 3 of the ‘Revised Guidelines
for the Establishment of College Development Council’ deals with
the appointment of the Coordinator/Director/Dean of the CDC –
Merely because in the said clause, the sentence providing for tenure
                                                                         F
limitation follows the sentence on deputationists, it cannot be said
that the tenure limitation applies only to deputationists – Tenure
limitation applies to every person who is appointed to the post –
Having served the tenure laid down by the revised guidelines, the
Appellant cannot continue as Director, CDC.
      Dismissing the appeal, the Court                                   G

      HELD: 1.1 The terms of the advertisement issued by the
University calling for applications for the posts in the newly
constituted CDC are material. The Appellant was put to notice
that his appointment was for a period of three years. Though the
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                                1075
1076                SUPREME COURT REPORTS                   [2018] 14 S.C.R.


 A     office order by which the Appellant was appointed as Director,
       CDC does not mention a tenure, it cannot be said that the
       Appellant was not put to notice that his appointment to the post
       of Director, CDC was for a period of three years. The appointment
       was in terms of the advertisement. [Para 9][1079-E-H]
 B           1.2 The Clause 3 of the ‘Revised Guidelines for the
       Establishment of College Development Council’ deals with the
       appointment of the Coordinator/Director/Dean of the CDC. When
       the clause is read as a whole, the word “he” is used to indicate
       the pay scale and the tenure of the Coordinator/Director/Dean of
       the CDC. The sentence on deputationists is merely to provide
 C     that those persons on deputation will be eligible for deputation
       allowance and other permissible allowances. The clause read as
       a whole, deals with the conditions for the appointment of the
       Coordinator/Director/Dean of the CDC. Hence, it cannot be held
       that merely because the sentence providing for a tenure limitation
 D     follows the sentence on deputationists, the tenure limitation
       applies only to deputationists. The tenure limitation applies to
       every person who is appointed to the post. The Appellant has
       admittedly served out the tenure as Director, CDC of two terms
       of three years each. Having served the tenure laid down by the
       revised guidelines, the Appellant cannot continue as Director,
 E     CDC. [Paras 12, 13][1080-E-H]
             CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11856
       of 2018.
             From the final Order dated 28.12.2011 of the High Court of
 F     Uttarakhand at Nainital in Writ Petition No.429 of 2006 (S/B).
                                        With
             Contempt Petition (Civil) No. 196/2014 in S.L.P. (Civil) No.10084
       of 2012.
            Vikas Singh, Sr. Adv., Sanjay Kumar Dubey, Rakesh Kumar
 G
       Tewari, Krishna Kant Dubey, Devendra Kumar Shukla, Shuchi Singh,
       Kapish Seth, Satish Vig, Advs. for the Appellant.
             Jatinder Kumar Sethi, DAG, Rajiv Nanda, Dr. Kartidey Hari Gupta,
       Vinodh Kanna B., M. B. Ramasubnba Raju, Somyashree Kulkarni,
       V. Sudeer, Balaji Srinivasan, Advs. for the Respondents.
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      S C SINGH v. STATE OF UTTARAKHAND AND ORS.                              1077


       The Judgment of the Court was delivered by                             A
       DR. DHANANJAYA Y CHANDRACHUD, J.
       1. Leave granted.
       2. The appeal in the present case arises from the judgment of a
Division Bench of the High Court of Uttarakhand dated 28 December             B
20111. The High Court quashed a Resolution dated 29 July 2006, being
Resolution No. 23 of the 76th General Meeting of the Executive Council
of the Second Respondent2. By that resolution, the College Development
Council3 was terminated with immediate effect. The Appellant, who
was a Director of the CDC, has filed the present appeal, aggrieved by
the direction of the High Court that while the CDC will continue, it will     C
be without the Appellant as its Director.
        3. On the request of the Second Respondent, the University Grants
Commission4 agreed to set up a CDC if an assurance was communicated
by the Government of Uttar Pradesh that it would bear the financial
liability after 31 March 1995. By a letter dated 31 October 1991, the         D
Government of Uttar Pradesh agreed to bear all the expenses incurred
on the post of Director, CDC after 31 March 1995. By a letter dated 07
November 1991, the UGC agreed to the request of the University to set
up a CDC with two posts – (i) A Director in the Professor’s scale; and
(ii) A stenographer. An advertisement inviting applications for the above     E
posts was issued on 06 January 1992. The Appellant was appointed as
Director, CDC through open selection by an office order dated 02
November 1992 of the Second Respondent. On 23 January 1996, the
Appellant was permanently absorbed.
      4. In 2003, the University shifted the office of the CDC from           F
Srinagar to Dehradun. The Appellant filed a writ petition5 before the
High Court of Uttarakhand challenging the order of transfer. On 09
December 2005, the University transferred the Appellant to the Swami
Ramtirth Campus, New Tehri. On 30 June 2006, disciplinary proceedings
were initiated against the Appellant and he was suspended. The order of
suspension was stayed on an interim application in the above writ petition,   G

1
  In Writ Petition No 429 of 2006
2
  Hemwati Nandan Bahuguna Garhwal University, Srinagar
3
  CDC
4
  UGC
5
  Writ Petition (SB) No 7 of 2006                                             H
1078                     SUPREME COURT REPORTS                   [2018] 14 S.C.R.


 A     on 10 July 2006. On 19 July 2006, the High Court of Uttarakhand disposed
       of the writ petition by revoking the suspension, subject to the Appellant
       joining service at Srinagar. However, the disciplinary proceedings were
       not stayed.
              5. At the 76th General Meeting of its Executive Council, the
 B     University passed a resolution to abolish the post of CDC on the ground
       that the permission of the government for bearing the financial burden
       of the CDC was not received and it was not legally created. Challenging
       this resolution, the Appellant filed a writ petition6 before the High Court
       of Uttarakhand, from which the present appeal arises. The High Court
       relied on the ‘Revised Guidelines for the Establishment of College
 C     Development Council in Universities’ issued by the UGC for the
       establishment of the CDC. Clause 3 of the revised guidelines deals with
       tenure of the Director, thus:
                 “He may be appointed on a tenure basis for three years, extendable
                 for another terms of three years, but not beyond the age of 65
 D               years, when he would retire.”
              The High Court observed that the Government of Uttar Pradesh
       agreed to bear the expenses to be incurred in respect of the post of
       Director, CDC. However, the University did not obtain reimbursement
       from the State Government for the expenses incurred. Ruling that the
 E     University could not hold out that there was no assurance by the State
       Government to take over the liability of the CDC after 31 March 1995,
       the High Court quashed Resolution No. 23 of the 76th General Meeting
       of the Executive Council by which the post of the CDC was sought to
       be abolished. This ruling of the High Court is not challenged. On the
 F     question whether the Appellant should be allowed to continue as Director,
       CDC, the High Court observed that he was admittedly appointed under
       the scheme envisaged by the revised guidelines issued by the UGC and
       could only work for two tenures of three years. Noting that the Appellant
       had already served two terms of three years, the High Court held that
       the CDC will continue, but without the Appellant as its Director. It is this
 G     direction of the High Court, refusing the Appellant’s continuation as
       Director, CDC that forms the basis of the present appeal. The High
       Court directed that the University to complete the adjustment of the
       Appellant as mentioned in Resolution No. 23 of the 76th General Meeting

       6
 H         Writ Petition No 429 of 2006
      S C SINGH v. STATE OF UTTARAKHAND AND ORS.                                 1079
          [DR. DHANANJAYA Y CHANDRACHUD, J.]

of the Executive Council. The High Court held that the submission that           A
the term limit in the revised guidelines applies only to deputationists has
no merit since the deputationists are also people associated with higher
education and at the relevant time when the revised guidelines were
issued, the retirement age of persons associated with higher education
would be much less than 65 years.
                                                                                 B
       6. We have heard the learned counsel for the parties.
       7. Mr Vikas Singh, learned Senior Counsel for the Appellant
submitted that the office order dated 02 November 1992 by which the
Appellant was appointed as Director, CDC did not mention that he is
being appointed on deputation or on a tenure basis. The main contention          C
put forth for the Appellant is that applying the principle of ejusdem
generis, the tenure limitation of two terms of three years in Clause 3 of
the revised guidelines can only apply to those Directors appointed on a
deputation basis. It was further contended that once the Appellant was
absorbed, the tenure limitation which applied only to deputationists, did
not apply to him.                                                                D

       8. The learned counsel for the Respondent University submitted
on the other hand that the Appellant was put to notice that his appointment
was for a tenure of three years and that the tenure limitation of two
terms of three years applied to the post of Director, CDC and barred the
Appellant from continuing in the post after having served two terms.             E

      9. The terms of the advertisement issued on 06 January 1992 by
the University calling for applications for the posts in the newly constituted
CDC are material. The relevant portion reads thus:
       “Minimum qualification for Director are same as those for the             F
       post of a Professor as prescribed by the University. Preference
       will be given to the candidate who has dealt with academic
       administration. The tenure of the Director, College
       Development Council will be for 3 years.” (Emphasis supplied)
       The Appellant was put to notice that his appointment was for a
                                                                                 G
period of three years. Though the office order dated 02 November 1992
by which the Appellant was appointed as Director, CDC does not mention
a tenure, it cannot be said that the Appellant was not put to notice that
his appointment to the post of Director, CDC was for a period of three
years. The appointment was in terms of the advertisement.
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1080                 SUPREME COURT REPORTS                       [2018] 14 S.C.R.


 A           10. Clause 3 of the revised guidelines reads thus:
             “3. The Coordinator/Director/Dean of the College Development
             Council may be appointed by the Syndicate on the recommendation
             of the Selection Committee consisting of the Vice-Chancellor, as
             Chairman, a nominee of the UGC, and a nominee of the Syndicate
 B           of the University. He may be appointed in the scale of Rs. 1500-
             2500 plus other admissible allowances as per university rules.
             Persons on deputation will be eligible for deputation and
             other permissible allowances. He may be appointed on a
             tenure basis for three years, extendable for another term of three
             years, but not beyond the age of 65 years, when he would retire.”
 C
                                                              (Emphasis supplied)
              11. Learned Senior Counsel for the Appellant contended that the
       sentence that provides for a tenure follows the sentence that states that
       “persons on deputation will be eligible for deputation and other permissible
 D     allowances” and hence, the tenure limitation applies only to those
       appointed as deputationists. It is submitted that the word “he” appearing
       at the beginning of the sentence and after the sentence permitting the
       appointment of deputationists must be read together.
              12. There is no merit in this contention. The clause deals with the
 E     appointment of the Coordinator/Director/Dean of the CDC. When the
       clause is read as a whole, the word “he” is used to indicate the pay scale
       and the tenure of the Coordinator/Director/Dean of the CDC. The
       sentence on deputationists is merely to provide that those persons on
       deputation will be eligible for deputation allowance and other permissible
       allowances. The clause read as a whole, deals with the conditions for
 F     the appointment of the Coordinator/Director/Dean of the CDC. Hence,
       it cannot be held that merely because the sentence providing for a tenure
       limitation follows the sentence on deputationists, the tenure limitation
       applies only to deputationists. The tenure limitation applies to every person
       who is appointed to the post.
 G            13. The Appellant, who was appointed on 02 November 1992,
       has admittedly served out the tenure as Director, CDC of two terms of
       three years each. We are in agreement with the High Court that having
       served the tenure laid down by the revised guidelines, the Appellant
       cannot continue as Director, CDC.
 H
      S C SINGH v. STATE OF UTTARAKHAND AND ORS.                            1081
          [DR. DHANANJAYA Y CHANDRACHUD, J.]

       14. For these reasons, we see no reason to interfere with the        A
judgment of the High Court. The appeal shall stand dismissed. In view
of the appeal being dismissed, the contempt petition does not survive.
There shall be no order as to costs.

Divya Pandey                                            Appeal dismissed.
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