PRABHAKAR RAMAKRISHNA JODH versus A. L. PANDE AND ANOTHER

PRABHAKAR RAMAKRISHNA JODH versus A. L. PANDE AND ANOTHER

The College Code, made under statutory authority, confers legal rights on teachers of affiliated colleges, and breach thereof constitutes violation of statutory service conditions, not merely breach of contract, entitling aggrieved teachers to seek writ remedies under Article 226.

Source-derived case information.

Parties
Appellant: Prabhakar Ramakrishna Jodh; Respondent: A. L. Pande; Respondent: another
Jurisdiction
India
Judgment Date
12 January 1965
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
appeal allowed; High Court judgment set aside; case remanded to High Court for investigation and final determination
Legal Topics
Affiliation of Colleges, Teachers' Service Conditions, Statutory Power, College Code, Writ Jurisdiction
Education Law Administrative Law Constitutional Law Affiliation of Colleges Teachers' Service Conditions Statutory Power College Code Writ Jurisdiction

Source-derived case record

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Parties

Prabhakar Ramakrishna Jodh

Appellant

A. L. Pande

Respondent

another

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the 'College Code' confers legal rights on teachers of affiliated colleges or is merely a set of conditions for affiliation
  2. 2 Whether termination of appellant's services was in violation of the College Code, specifically Clause 8(vi)(a)
  3. 3 Whether breach of College Code gives rise to a contractual or statutory remedy

Ratio Decidendi

The College Code, made under statutory authority, confers legal rights on teachers of affiliated colleges, and breach thereof constitutes violation of statutory service conditions, not merely breach of contract, entitling aggrieved teachers to seek writ remedies under Article 226.

Court Disposition

appeal allowed; High Court judgment set aside; case remanded to High Court for investigation and final determination

Orders

  • Case remanded to the High Court to decide whether procedure prescribed under Clause 8(vi)(a) of the College Code was violated and whether the Governing Body's order was illegal and ultra vires.
  • Parties to bear their own costs in Supreme Court and High Court up to this stage.