Hon'ble Judges/Coram:
Arun Mishra and Navin Sinha

JUDGMENT

Navin Sinha, J.

1. Delay condoned. Leave granted.

2. The Appellant, a lecturer in a private unaided college affiliated to the Chaudhary Charan Singh University (hereinafter referred to as the CCS University'), Meerut under the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as "the Act"), assails his termination dated 24.04.2017 as being contrary to the provisions of the Act.

3. Learned Counsel for the Appellant submits that the termination was in violation of Section 35(2) of the Act as no prior approval had been taken. The High Court erred in holding that the writ petition was not maintainable. The earlier order of termination dated 04.06.2015 had been set aside by the Vice-Chancellor on 16.07.2016 for that reason and as also being in violation of Rule No. 16.06 of the University Regulations. The order had attained finality in absence of any challenge by the Respondent management.

4. Learned Counsel for the Respondent management submitted that the writ petition was not maintainable against a private unaided college as it was not "State" within the meaning of Article 12 of the Constitution. The order of the High Court does not call for any interference. There can be no enforcement of a contract of personal service. There was a simple relationship of master and servant. The departmental proceedings were held in accordance with law. The managing committee of the college was not a statutory body. Reliance was placed on Executive Committee of Vaish Degree College, Shamli and Ors. v. Lakshmi Narain and Ors. MANU/SC/0052/1979 : (1976) 2 SCC 58.

5. We have considered the submissions on behalf of the parties. The High Court held that merely because of affiliation to the CCS University, the writ petition was not maintainable against a private unaided college. The order is cryptic, non-speaking and devoid of any consideration of the statutory provisions of the Act. The effect and consequences of the order of the Vice-Chancellor dated 16.07.2016 has also not been considered.

6. The Respondent college terminated the services of the Appellant on 04.06.2015 by a non-speaking order with immediate effect. The Appellant approached the Vice........