NDLI: Dipak Kumar Biswas Vs. Director of Public Instruction & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Assam Aided College Employees Rules Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India: Article 136--Powers of the Court to enlarge relief. Service Law: Lecturer of private aided college-Status of Wrongful termination of service of-Nature of relief-Whether entitled to declaration of continuance in service-Aided colleges-Whether statutory bodies. Assam Aided College Employees Rules, 1960: Assam Aided College Management Rules, 1965-Whether adopted in State of Meghalya. The appellant, who was holding a permanent post in a Central Government department, was selected for the post of Lecturer in a private aided college in Meghalya. The order of appointment stated that it was subject to the approval of the first respondent. On his seeking clarification from the Principal he was assured that the approval was a mere formality. Acting on the said assurance the appellant resigned his permanent post in the Government department and joined the college. However, he found his services terminated just within five months for want of prior approval of the first respondent. A suit filed by the appellant challenging the order of termination and for a declaration and permanent injunction was dismissed by the trial court. The first Appellate Court found that the Assam Aided Colleges Management Rules, 1965 had not been adopted by the State Government at the time of the appellant's appointment and that the Director of Public Instruction had acted wrongly in refusing to give G approval to the appellant's appointment, and as such the order of termination of service of the appellant was manifestly wrong. It, therefore, declared appellant's continuance in service. The High Court while concurring with the view of the first Appellate Court that the termination of services of the appellant was unlawful, awarded one year's salary and allowances as damages since the appellant did not belong to the category of either Government servants, industrial workmen or employees of statutory bodies, for which alone reinstatement could be ordered. In this appeal by special leave it was contended for the appellant that the Appellate Court and the High Court having found the termination of service to be wrong and illegal, he should have been granted the relief sought for in the suit, that is, a declaration of continuance in service and reinstatement with full back wages and allowances. It was further submitted that since the college was a private institution provided and by the Government and Government had full supervisory / control over it, it was for all practical purposes a Government institution. As such, he was entitled to parity of treatment with a Government servant wrongly removed from service. For the respondent it was contended that the only remedy for the appellant was to file a suit for damages and not to seek a declaration of continuance in service, because it would amount to seeking specific performance of a contract of service.
Judge	Hon'ble Mr. Justice S. Natarajan
Neutral Citation	1987 INSC 73
Petitioner	Dipak Kumar Biswas
Respondent	Director Of Public Instruction & Ors.
SCR	[1987] 2 S.C.R. 572
Judgement Date	1987-03-06
Case Number	2318

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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