I. N. SUBBA REDDY versus ANDHRA UNIVERSITY & ORS.

I. N. SUBBA REDDY versus ANDHRA UNIVERSITY & ORS.

Section 24 of Chapter V of the Administration Manual and clause 10 of the agreement are intra vires and valid conditions of service, and termination simpliciter according to their terms is not inconsistent with or overridden by sections 7 to 12 of Chapter XXIX of the University Code. Such a termination is a matter of contract, not of disciplinary or punitive procedure, and cannot be challenged as ultra vires or void.

Parties
Appellant: I. N. Subba Reddy; Respondents: Andhra University & Ors.
Jurisdiction
India
Judgment Date
05 April 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 10, 1974 of the Andhra Pradesh High Court in Writ Petition No. 579 of 1974
Outcome
Appeal dismissed.
Legal Topics
Termination of Service Simpliciter, Ultra Vires Challenge to University Rules, Conditions of Service, Master and Servant Relationship, University Contracts of Employment
Service Law Education Law Termination of Service Simpliciter Ultra Vires Challenge to University Rules Conditions of Service Master and Servant Relationship University Contracts of Employment

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Parties

I. N. Subba Reddy

Appellant

Andhra University & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 10, 1974 of the Andhra Pradesh High Court in Writ Petition No. 579 of 1974

Legal Issues

  1. 1 Whether section 24 of Chapter V of the Andhra University Administration Manual is ultra vires the powers of the Syndicate.
  2. 2 Whether section 24 of the Manual and clause 10 of the service agreement are void and ineffectual for being inconsistent with sections 7 to 12 of Chapter XXIX of the University Code.
  3. 3 Whether the services of the appellant could only be terminated on grounds mentioned in sections 7 to 10 of the University Code.

Ratio Decidendi

Section 24 of Chapter V of the Administration Manual and clause 10 of the agreement are intra vires and valid conditions of service, and termination simpliciter according to their terms is not inconsistent with or overridden by sections 7 to 12 of Chapter XXIX of the University Code. Such a termination is a matter of contract, not of disciplinary or punitive procedure, and cannot be challenged as ultra vires or void.

Court Disposition

Appeal dismissed.

Orders

  • The appeal fails and is dismissed.
  • Parties to bear their own costs.