G. VARANDANI versus KURUKSHETRA UNIVERSITY ANO ORS.

Citation: [2003] SUPP. 2 S.C.R. 416 · Decided: 13-08-2003 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Disposed off

Judgment (excerpt)

A 
G. V ARANOANI 
v. 
KURUKSHETRA UNIVERSITY ANO ORS. 
AUGUST 13, 2003. 
B 
(S. RAJENORA BABU AND DORAISWAMY RAJU, JJ.] 
Service Law: 
Kurukshetra University Act, 1986-Section 4-Guru Jhambeshwar 
C University Act, 1995-Section 35-Some of the teaching staff of Kurukshetra 
University selected and appointed to higher post at Post Graduate Centre-
Upon constitution of new University P. G. Centre transferred to the new 
University-Claim of such teaching staff that they should be taken back on the 
higher post in the Kurukshetra University-High Court granting relief to one 
D and denying to others-On appeal, held: By creation of new University and 
operation of statutory provision, P. G. Centres stood transferred to newly created. 
University in their entirety and went outside the territorial limits and jurisdiction 
of Kurukshetra University-Thus, High Court erred in granting the relief 
Respondent-University advertised certain posts in the Post Graduate 
E Centres. Incumbents applied and got appointments to·the post specially 
created for PG centre. But they remained probationers in such post and 
retained their lien on the substantive post held by them. Thereafter, new 
University was constituted and by the operation of Section 35 of Guru 
Jhambeshwar University Act, 1995, P.G. Centres stood transferred to the 
new University. Incumbents prayed that they be taken back on a higher 
F post in the Kurukshetra University. They were told to get relieved from 
the new University and join in the substantive post held by them prior to 
the seler.tion to the higher post at P.G. Centres. Aggrieved.incumbents filed 
writ petitions. High Court granted relief to one of the applicants and 
denied to others. Hence the present appeals. 
G 
H 
Before this Court it was contended that as they were selected and 
appointed at the P.G. Centres by Kurukshetra University, their employer 
is only the said University and they cannot against their will and without 
their consent, be transplanted into the new University, by the ·provisions 
contained in the enactment which constituted the said University and 
416 
. G. VARANDANI v. KURUKSHETRA UNIVERSITY 
417 
provided for the transfer of the P.G. Centres with the employees. 
A 
Disposing of the appeals, the Court 
HELD: L The posts, which were advertised, to which the 
applications were made and got appointed by all those who were before 
court, were for the P.G. Centres only, though those Centres were under B 
the control of the Kurukshetra University at the relevant point of time. 
Indisputably, those Centres by the creation of a new University and by 
the operation of the statutory provisions stood transferred to the newly 
created University, in their entirety and they went even outside the 
territorial limits and jurisdiction of the Kurukshetra University. Thus the C 
High Court could not have granted any relief to any of these class of 
persons against the Kurukshetra University and relief granted by a 
summary order without any application of mind to one of tliem cannot 
be sustained at all. [424-C; 425-BJ 
Jawaharlal Nehru University v. Dr. K.S. Jawatkar and Ors., [19891 D 
Suppl. 1 ~CC 679, distinguished. 
2. In cases where the Kurukshetra University allowed those persons 
to join on the basis of their lien, the University may consider whether any 
pay protection or what extent such protection may be extended, as per 
the rules in force. [425~CJ 
E 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8703of1997. 
From the Judgment and Order dated 5.8.97 of the Punjab and Haryana 
High Court in C. W.P. No. 15256 of 1996. 
WITH 
C.A. Nos. 1272/98, 6339, 6338 of 2003. 
F 
M.N. Krishnamani, Krishan Mahajan, R. Ayyam Perumal, Baldev Atreya 
Rakesh K. Sharma, Tribhuvan Dahiya, Uma Dutta, Nidesh Gupta, Naveen G 
Singh, Ms. Minakshi Vij, Dr. K.S. Chauhan, Chand Kiran, Dr. K.P.S. Dalal, 
S.K. Jain, A.P. Dhamija and A.K. Sanghi for the appearing parties. 
The Judgment of the Court was delivered by 
H 
418 
SUPREME COURT REPORTS [2003) SUPP. 2 S.C.R. 
A 
RAJENDRA BABU, J. Special !eave grante·d in S.L.P.(C) Nos.22833 
and 21612 of 1997. 
The above appeals have been filed by one or the other of the parties 
before the High Court against the decision rendered in th!s group of cases. 
So far as C.A. No.8703/1997 is concerned, it is against the decision in CWP 
B No.15256/96, which came to be disposed of on 5.8.1997 by an order, "For 
orders, see C.W.P. No.18312 of 1996". While dealing with the case in CW

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