AIR 1974 SUPREME COURT 238 ::1974 LAB. I. C. 181 ::27 FacLR 390 ::1974 (1) LabLJ 109 ::1974 3 SCC 546 ::(1974) 1 Serv LR 605 ::1974 (1) ServLR 608 ::1974 2 SCJ 102 ::1974 2 SCR 169

Supreme Court Of India

(From Jammu and Kashmir: 1972 Lab. I.C. 961)

Hon'ble Judge(s): V. R. Krishna Iyer, R. S. Sarkaria , JJ

Index Note: -(A) Jammu and Kashmir University Act (24 of 1969) , S.22, S.36, S.52(4)— Appointment of teacher - Procedure for - @page-SC239Non-compliance with statutory provisions - Effect - Continuance of person appointed ad hoc after 60 days to work on the post - Implied appointment not inferable therefrom. Brief Note: - When a statute creates a body and vests it with authority and circumscribes its powers by specifying limitations, the doctrine of implied engagement de hors the provisions and powers under the Act would be subversive of the statutory scheme regarding appointment of officers and cannot be countenanced by the Court. Power in this regard has been vested in the University Council only and the manner of its exercise has been carefully regulated. Therefore, the appointment of the respondent could have been mede only by the Council and only in the mode prescribed by the statute. If the Vice-Chancellor by administrative drift allows such employment it cannot be validated on any theory of factum valet. The functionaries under it and the contours of their authority are delineated by the Act. If any body created by a statute goes beyond the area of its powers,the act is ultra vires and is of no effect. There is, however, under the Act, an interim power vested in the Vice-Chancellor hedged in with limitations, as is contai....