UNIVERSITY VC IS NOT CENTRAL POST & ARTICLE 311

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Shubham Budhiraja[1]


There was agitation against the vice-chancellor (VC) of  Manipur university by the teachers, students etc. and fact finding committee cum inquiry committee constituted who decided against the VC and thereafter University resolved to remove the VC from its post and that removal was challenged by VC in Writ Petition contending that Inquiry committee should have been as per Article 311 but HC Division bench refused it by holding that VC are not central post even though its employment is recommended by CG & the university is funded by the CG. These aspects will not make him as central post and full fledge enquiry safeguard under Article 311 is not available to him.

(I)      Manipur University is a legal entity separate from the Union. Merely because Manipur University is financed by or there is an element of control with the Central Government, it cannot be said that the employees of Manipur University hold a ‘civil post’ under the Union and are entitled to protection under Article 311 of the Constitution

(II)            Even though the Central Government may have a role in appointment of the Vice Chancellor of the Manipur University, he will not be entitled to protection under Article 311 as he does not hold a ‘civil post’ under the Union. Therefore, the elaborate inquiry as envisaged under Article 311 before terminating the services of a government servant is not applicable in present case.

Case Name

Relevant Remarks

S.L. Agarwal (Dr.) v. G.M., Hindustan Steel Ltd. (1970) 1 SCC 177.

The employees of any authority which is a legal entity separate from the State cannot claim to be holders of civil posts under the State in order to attract the protection of Article 311. There is also no master and servant relationship between the State and an employee of PGIMER, which is a separate legal entity in itself. It is a settled position that a person cannot be said to have the status of holding a “civil post” under the State merely because his salary is paid from the State fund or that the State exercises a certain amount of control over the post. The PGIMER Act might have provided for some control over the institution but this doesn't mean that the same is a State for the purpose of Article 311. Therefore the employees of PGIMER cannot avail the protection of Article 311 since the same can be claimed only by the members of a civil service of the Union or of all-India service or of a civil service of a State or by persons who hold a civil post under the Union or a State. PGIMER cannot be treated as a “State” for the purpose of Article 311 and the employees therein are not holding any “civil post”. In result, the 1st respondent is not holding a “civil post” and she cannot claim the guard of Article 311.”

 


[1] Company Secretary, LLB Final Year & Bcome(H)

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