S. Murtaza Fazal Ali JUDGMENT
S. Murtaza Fazal Ali, J.
1. This appeal by special leave is directed against the judgment of the Allahabad High Court affirming the decree of the First Additional Civil & Sessions Judge, Muzaffarnagar by which the plaintiff/respondent's suit for injunction was decreed.
2. The appeal arises in the following circumstances. The appellant which is the Executive Committee of Vaish Degree College in the district of Muzaffarnagar was registered under the Registration of Co-operative Societies Act as an institution for imparting education. The affairs of the college were managed by the Executive Committee of the Vaish College which is the appellant in this case. In the year 1957 the Vaish Degree College was affiliated to the Agra University and as a consequence thereof the college agreed to be governed by the provisions of the Agra Universities Act and the statutes and ordinances made thereunder. With the establishment of the Meerut University sometime in the year 1965 the Vaish Degree College got affiliated to the Meerut University. The plaintiff/respondent was appointed as Principal of the college on permanent basis with effect from July 1, 1964 and his appointment as Principal was formally approved by the Vice-Chancellor of the Agra University. Two years later it appears that differences arose between the Executive Committee of the college and the plaintiff/respondent resulting in allegations and counter-allegations and culminating in a notice served by the Executive Committee on October 26, 1966 on the plaintiff/respondent directing him not to discharge the duties of the Principal and another letter was sent to defendant No. 4 a member of the staff of the college to officiate as Principal in place of the plaintiff/respondent. This was followed up by a counter-notice by the plaintiff/respondent to the Executive Committee that the notice sent to him was illegal and the respondent also asked defendant No. 4 not to assume charge of the Principal. On March 12, 1967, the Executive Committee by a resolution terminated the services of the plaintiff/respondent with effect from October 24, 1966 and this resolution was amended by another resolution on March 29, 1967. Even before the formal resolution terminating the services of the plaintiff/respondent was passed it appears that the plaintiff had filed the present suit on October 28, 1966 before the Court of the First Additional Civil & Sessions Judge, Muzaffarnagar which was transferred for disposal to the Court of the Munsif, Kairana.
3. The plaintiff's case was that on being affiliated to the Agra University and thereafter to the Meerut University and adopting the provisions of the Acts and the statutes of the said universities the appellant college became a statutory body and had no jurisdiction to terminate the services of the plaintiff/respondent without seeking the previous approval of the Vice-Chancellor. The plaintiff further submitted that after his appointment he entered into an agreement with the Executive Committee in accordance with the statutes of the university and the ap........