Gujarat Vidhyapith's Dismissal of Assistant Librarian Overturned; UGC's Role in Non-Teaching Appointments Clarified
In a significant decision, the Gujarat High Court has overturned the termination of Raxaben Anilkumar Patel, an Assistant Librarian at Gujarat Vidhyapith, deeming the dismissal unsustainable in law. The Division Bench, comprising Justices Mr. Bhargav D. Karia and L. S. Pirzada, upheld the earlier judgment by a Single Judge which found the termination improper after 17 to 18 years of service.
The case involved the Gujarat Vidhyapith, a deemed university, which had terminated Patel citing non-approval by the University Grants Commission (UGC) and objections raised by the Comptroller and Auditor General of India (CAG). However, the court clarified that the UGC has no jurisdiction over the appointments of non-teaching staff at deemed universities, thus rendering the termination invalid.
Patel, initially appointed as a Library Assistant in 1983, was later promoted to Assistant Librarian. Her services were terminated in 2017, with the university demanding recovery of approximately Rs. 75 lakh. Patel contested the termination, leading to the current legal proceedings.
The High Court emphasized that Patel had duly fulfilled the educational qualifications as required by her employment terms, including obtaining an M.Lib degree. It further noted that the UGC had not set regulations for non-teaching staff appointments, leaving such decisions to be governed by the university's executive council or state and central government rules.
The court's decision mandates Gujarat Vidhyapith to grant Patel all consequential benefits, including salary from the termination date until her superannuation, and to ensure payment of all retirement dues. This judgment reinforces the autonomy of universities in managing non-teaching staff appointments and limits the UGC's role in such administrative decisions.
Bottom Line:
Employment Law - Termination of service - Order of termination of non-teaching staff by a deemed university without adhering to proper guidelines and regulations held unsustainable. UGC not having a role in appointments of non-teaching staff at deemed universities.
Statutory provision(s): Employment Law, UGC Regulations, University Grants Commission Act, Government of India norms, State Government rules.
Gujarat Vidhyapith v. Raxaben Anilkumar Patel, (Gujarat)(DB) : Law Finder Doc id # 2853805
