LexSTATE OF MYSORE versus H. PAPANNA GOWDA & ANR. ETC.
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831
STATE OF MYSORE
v.
ff,. PAPANNA GOWDA & ANR. ETC.
November 24, 1970
[J. C. SHAH, G. K. MITTER, K. S. HEGDE, A. N. GROVER
AND A. N. RAY, JJ.]
Constitution of Iiidia, 1950, Art. 311-Compulsory transfer from
Govemmeru Service to Unlvtrsity-lf operates as removal from service.
The Univenitf _of Aa:ricultural S.ciences Act, 1963, was passed by the
Mysore State LeliJlature, to establish a University for the development of
alricultural 'ind allied sciences in the State. Under 1,; 7(4) of tbe Act,
the control and m11111ement of such reaearch institutions of tbe depart·
ment of 181'fCUlture 11 the State Government mlpt by order specify, were
10 be transferred 'to Ille· University aa and from. thci date s~ifted; 11t1d,"
under 1ub ... (5), every person employed In such an institution, were, as
from the speclfted date, to become an employee of the University on such
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terms and conditions as might be determined by the Sta~ Government in
consultation with the Board of Regents ot the University.
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The respondent was holding a civil post under the State Government.
having been appointed as a chemical assistant in the Agricultural' Research
Institute, Mandya, in the department of agriculture of the State. In 1965,
the control an!l management of the Institute was transferred to the Univer·
sity, by a notification under the Act.
On the question whether there was a removal of the respondent from
a civil post in contravention of Art. 311,
HELD : Whether the prospects of the respondent were or were not
prejudicially affected is irrelevant. For better or for worse, the notification
resulted in the extinction of his status as a civil servant, and hence, his
compulsory transfer to the University was void. (83~ A, FJ
A.mu/ya Kumar Talukdar v. Union of India,
I.L.R.
13 Punj. 781,
distinguished.
CIVIL APPELLATE JURISDICTION:
Civil Appeals Nos. 1868
to 1882 of 1969.
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Appeals from the judgment 31nd order dated July 9, 10, 1968
of the Mysore High Court in Writ Petitions Nos. 1776, 2108,
2109, 2111, 2112, 2272, 2273, 2275, 2385, 2386, 2390, 2395
and 2396 of 1966 and 728 and 990 of 1967.
Jagadish Swarup, Solicitor-General, S. S. Javali and S. P.
H Nayar, for the appellant (in all the appeals).
M. Mama Jois and R. B. Datar, for respondent No. 1 (in
C.As. Nos. 1868 to 1871 and 1874 to 1881of1969).
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SUPREME COURT REPORTS
(1971 ]2 S.C.R.
The Judgment of the Court was delivered by-
Mitter, J,
The State of Mysore has come up in appeal from
a co=on judgment of the High Court at Bangalore disposing
of a ,number of writ petitions and holding void the COm{>ulsory
transfer of the respondents herein to the Agricultural Umversity
under the provisions of the University of Agricultural Sciences
Act, 1963.
As the same question arises in all these appeals it will be
sufficient to state the facts in Civil Appeal No. 1868 of 1969
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in which one H. Papanna Gowda is .the respon~t. The said
respondent was appointed on January 7, 1959 as an agricul-
tural demonstrator in the Mysore Civil Service.
His appoint-
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ment was as a 'local candidate' which under the Mysore Civil
Service Rules means a person appointed not in accordance with
the rules of recruitment.
His services were however regularised
when he was selected by .the Public Service Commission for ap-
pointment tO that post on August 27, 1959. By an order dated
April 4, 1964 he was transferred and posted as a Chemical o
Assistant of the Sugarcane Research Station Mandya, in the
department of agriculture.
When he was· thus employed, a law
made by the State Legislature called the University of Agricul-
tural Sciences Act, 1963
(hereinafter referred to as the 'Act')
came into force on April 24, 1964.
Before the High Court the
respondents to these appeals challenged the vires of s. 7 (5) of
the Act and a notification issued thereunder.
The preamble to the Act shows that it. was an Act to estab-
lish and incorporate a University for the development. of agri-
culture, animal husbandry and allied sciences in the State of
Mysore.
Under s. 3 ( 2) the University was to be a body corpo-
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rate having perpetual succession and a co=on seal.
The powers
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'given under s. 6 of the Act enabled it inter alia to create admi-
nistrative, ministerial and other posts and to appoint persons to
such posts.
Under s. 7 ( 1) subject to the conditions therein
mentioned several agricultural and veterinary colleges were dis-
afliliated frExcerpt shown. Read the full judgment & AI analysis in Lexace.