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The Gujarat University Navrangpura and anr. Vs. Shyamkumar Jivandas and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1491 of 1968
Judge
Reported inAIR1977SC2049; 1977LabIC1365; (1977)4SCC603a
AppellantThe Gujarat University Navrangpura and anr.
RespondentShyamkumar Jivandas and anr.
DispositionAppeal Dismissed
Excerpt:
.....itself and, therefore, necessarily by the sovereign which is bound by it. in the present case the letter written by the government of india dated 'october 1, 1948, clearly recognized the title of the respondents to their properties. the letter clearly contains a statement in paragraphs 5 and 7 thereof that enjoyment of jagirs, grants etc., existing on april 1, 1948, were guaranteed and that any order passed or action taken by the ruler before the said date would not be questioned. this is a clear recognition of the property rights of the respondent and similar others. virendra singh v. the state of uttar pradesh, [1955] 1 s.c.r. 415, relied on. m/s. dalmia dadri cement co. ltd. v. the commissioner of incometax [1959], s.c.r. 729, jagan nath agarwala v. the state of orissa [1962], 1..........from giving effect to the appointment of m. majumdar, respondent no. 2, as the reader in the labour welfare department of the university in pursuance of a resolution of the syndicate, annexure 'a', and letter, annexure 'b'. that resolution and letter were held to be invalid.2. at the hearing of the appeal it; has been brought to our notice that majumdar respondent is no longer reader in the labour welfare department and that he has since been appointed a professor in the university and confirmed as such. it is plain that in view of that the present appeal has become infructuous. at the same time, we would like to make it clear that we express no opinion with regard to the validity of the proceedings of the academic council whereby a member of the selection committee was appointed......
Judgment:

H.R. Khanna, J.

1. This is an appeal by special leave by the Gujarat University against the judgment of the Gujarat High Court, whereby the University was restrained from giving effect to the appointment of M. Majumdar, respondent No. 2, as the Reader in the Labour Welfare Department of the University in pursuance of a resolution of the Syndicate, Annexure 'A', and letter, Annexure 'B'. That resolution and letter were held to be invalid.

2. At the hearing of the appeal it; has been brought to our notice that Majumdar respondent is no longer Reader in the Labour Welfare Department and that he has since been appointed a Professor in the University and confirmed as such. It is plain that in view of that the present appeal has become infructuous. At the same time, we would like to make it clear that we express no opinion with regard to the validity of the proceedings of the Academic Council whereby a member of the selection committee was appointed. We also express no opinion about the correctness of the judgment of the High Court regarding the validity of the resolution at Annexure 'A' and the letter of appointment at Annexure 'B'.

3. It has been also brought to our notice that in pursuance of the letter of appointment, Majumdar respondent performed the functions of the Reader in the Labour Welfare Department for some time. Mr. Lalit, learned Counsel for Shyam Kumar Jiwandas contesting respondent states that in view of the subsequent developments he has no objection to the validity of the act of Majumdar respondent in functioning during the above period as Reader in the Labour Welfare Department. We order accordingly. The appeal is consequently dismissed as having become infructuous. There will be no order as to costs.


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