Supreme CourtFull Bench(1991) 07 SC CK 0033

Registrar, T.N.V.A.S. University vs Syed Abdul Quayam and Others

Supreme Court Of India · Decided on 25 July 1991 · Citation: (1993) 3 SCC 437 Supp

HON’BLE JUDGES
Yogeshwar Dayal, J · V. Ramaswami, J · K. Jagannatha Shetty, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 2197 Of 1991

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Judgment

3 paragraphs · 254 words
1.

The respondent was appointed as the First Registrar of the Tamil Nadu Veterinary and Animal Sciences University. The appointment purports to have been made under Section 47 of the University Act. Section 47, inter alia, provides that notwithstanding anything contained in Section 13(1 the first Registrar shall be appointed by the government for a period not exceeding three years and on such other conditions as they think fit. The section also states that the person appointed as the First Registrar shall retire from office if, during the term of his office, he completes fifty-eight.

2.

PRIOR to the respondent''s appointment as the First Registrar, he was in teaching staff of the same University. The age of the retirement of the teaching staff of the University is 60 years. The University, however, retired him from the office of the Registrar upon his attaining 58. The High court has declared that the respondent has a right to continue in the teaching staff till he attains 60.

3.

IN our view, the view taken by the High court appears to be justified. The appointment of the respondent as the First Registrar was for a term of three years. After the period of three years, or on attaining 58 years, he has no right to continue as Registrar, but he cannot be retired from service of the University. He is entitled to go back to his teaching profession in the University. We agree with the view taken by the High Court and dismiss the appeal with costs.