DR. BHANU PRAKASH SINGH AND ORS. versus THE HARYANA AGRICULTURAL UNIVERSITY

Citation: [1994] SUPP. 2 S.C.R. 712 · Decided: 17-08-1994 · Supreme Court of India · Bench: K. RAMASWAMY, S.C. AGRAWAL · Disposal: Dismissed
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Judgment (excerpt)

A 
DR. BHANU PRAKASH SINGH AND ORS. 
v. 
THE HARYANA AGRICULTURAL UNIVERSITY 
AUGUST 17, 1994 
B 
(K. RAMASWAMY AND S.C. AGRAWAL, JJ.J 
Se1Vice Law-Harya11a and Punjab Agriculture University Act, 1970-
Statute 21 (3) and Statute 16( llf-Lecturers permitted to undergo Ph.D. 
Course as in-se1Vice ca11didate accordi11g to leave of kind due to thenr-En-
C titlement to drdw salary a11d full allowances duri11g that period-Applicability 
of Statute 21 (3). 
The appellants while working as Lectures in Haryana Agricultural 
University were selected to undergo PH.D. Course in the year 1978. They 
were pennilled as in service candidates to undergo the course according 
D to the leave of the kind due to them. They pursued the course of study upto 
·1980-81. They were not paid the leave salary, and therefore, they filed the 
Writ Petition. The Division Bench of the High Court dismissed the petition 
holding that during the relevant period due to financial stringency !he 
University had prohibited the in-service candidates to pursue their course 
E of study as they were not in a position to pay the full pay etc. to them. 
Thereafter, this condition was withdrawn on January 10, 1979. Since the 
appellants had joined during the period of prohibition, they were not 
eliglbleto gel their full pay except in :iccordance with the leave of the kind 
due to them. 
· 
F 
In appeal before this Court, appellants have contended that by 
operation of Statute 21 (3), they are entitle to full pay and allowances. It 
is further contended that after the prohibition from 10.01.1979, the Univer-
sity had paid full pay to the teachers permitted to undergo the Ph.D. 
Course and therefore, non payment to the appellants constitute dis· 
G crimination offending Art. 14 of the Constitution of India. 
Dismissing the appeal, this Court 
HELD : 1.1. When the appellants were permitted to undergo the 
course of study according to the leave of the kind due to them, then they 
· H cannot have any right higher than what they were permitted to avail of. By 
712 
B.P.SINGH(D.R.)v. HARYANAAGRI. UNIVERSITY 
713 
virtue thereof, they are not eligible to draw the salary and full allowances A 
during the period from 1978-79 upto 1980·81 during which period they 
have undergone the course of study. (715-B) 
1.2. The Statute 21 (3) provides the eligibility to seek admission and 
on making such an admission they become eligible for full salary and 
allowances but it would be subject to the conditions that may be imposed 
by the University. Statute 16 (11) is inapplicable to the facts in the instant 
case. It has no relation to the payment of full salary and allowances when 
the teachers were admitted to undergo the course of Ph.D. [715-E) 
B 
1.3. Art. 14 has no application to the facts in the instant case. After C 
the lifting of the prohibition on January 10, 1979, teachers sent thereafter 
were paid full salary and allowances. A few teachers who were found to be 
ineligible and were selected alongwith the appellants but were not admitted 
to the course of study in the latter years had been paid the full salary and 
allowances. It is not the case of the appellants that any one of the teachers, 
though were prohibited to draw the full salary and allowances except in D 
accordance with the leave of the kind due to them were made payment of 
the full salary and allowances. They are. not entitled to salary and allowan· 
ces though other teachers after lifting the prohibition, were permitted to 
ubdergo the course of study with full pay and allowances. Under these 
circunistances, there is no invidious discrimination or arbitrary or unjust E 
action violating equality enshrined in, Art. 14. (715-F .ff, 716-A] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3108 of 
1983. 
From the Judgment and•order dated 10.5.1982 of the Punjab & 
F 
Haryana High Court in C.W.P. No. 702 of 1980. 
Govind Mukhoty, Mahabir Singh and S.Srinivasan for the Appellants. 
S.M. Ashri for the Respondent. 
The following Order of the Court was delivered : 
G 
The 28 appellants while working as Lecturers in Haryana Agriculture 
University were selected to undergo Ph.D. Course in the year 1978. They 
joined in July and November, 1978. They were permitted as in-service 
candidates to undergo the course according to the leave of the Kind due H 
714 
SUPREME COURT REPORTS [1994) SUPP. 2 S.C.R. 
A 
to them. They pursued the course of study upto 1980-81. They were not 
paid the leave salary and that, therefore,
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