TaxTMI 
TaxTMI 
2019 (5) TMI 1219
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....earned counsel for the respondent management submitted that the writ petition was not maintainable against a private unaided college as it was not "State" within the meaning of Article 12 of the Constitution. The order of the High Court does not call for any interference. There can be no enforcement of a contract of personal service. There was a simple relationship of master and servant. The departmental proceedings were held in accordance with law. The managing committee of the college was not a statutory body. Reliance was placed on Executive Committee of Vaish Degree College, Shamli and others vs. Lakshmi Narain and others, (1976) 2 SCC 58. 5. We have considered the submissions on behalf of the parties. The High Court held that merely because of affiliation to the CCS University, the writ petition was not maintainable against a private unaided college. The order is cryptic, nonspeaking and devoid of any consideration of the statutory provisions of the Act. The effect and consequences of the order of the Vice-Chancellor dated 16.07.2016 has also not been considered. 6. The respondent college terminated the services of the appellant on 04.06.2015 by a nonspeaking order with ....
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....llowed the order to attain finality, it is not open for the college management to now urge that it was not bound to follow the procedure. The order of termination dated 24.04.2017 being in teeth of Section 35(2) of the Act is patently unsustainable. 9. Reliance on Lakshmi Narain (supra) is completely misplaced. It has no application whatsoever to the present case either on facts or in law. The order of termination in the said case was dated 29.03.1967 and was made under the provisions of the Agra Universities Act, 1926 which had no similar provisions as Section 35(2) of the Act. Additionally, the Agra Universities Act, 1926 has been repealed by Section 74(1)(c) of the Act. It is indeed unfortunate that the learned counsel for the respondent management has sought to rely upon a judgment under the repealed Act. The admitted position in Lakshmi Narain (supra) was that the management of the college was not bound by the statutes and the provisions of the Agra Universities Act, 1926 but was merely following the same as a matter of convention. Statute 14(A) of the Agra University Hand Book also did not contain any provisions like Section 35(2) of the Act. "Statute 14(A): Each ....
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....t and an important adjunct of the administration of justice, the lawyer undoubtedly owes a duty to the Court as well as to the opposite side. He has to be fair to ensure that justice is done. He demeans himself if he acts merely as a mouthpiece of his client as observed in State of Punjab & Ors. vs. Brijeshwar Singh Chahal & Ors., (2016) 6 SCC 1: " "34....relationship between the lawyer and his client is one of trust and confidence. As a responsible officer of the court and an important adjunct of the administration of justice, the lawyer also owes a duty to the court as well as to the opposite side. He has to be fair to ensure that justice is done. He demeans himself if he acts merely as mouthpiece of his client....." 13. The observations with regard to the duty of a counsel and the high degree of fairness and probity required was noticed in D.P. Chadha vs. Triyugi Narain Mishra and others, (2001) 2 SCC 221: " 22. A mere error of judgment or expression of a reasonable opinion or taking a stand on a doubtful or debatable issue of law is not a misconduct; the term takes its colour from the underlying intention. But at the same time misconduct is not necessarily ....
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....the movement is controlled by the Judge holding the reigns, the movement itself is facilitated by the wheels without which the chariot of justice may not move and may even collapse. Mutual confidence in the discharge of duties and cordial relations between Bench and Bar smoothen the movement of the chariot. As responsible officers of the court, as they are called - and rightly, the counsel have an overall obligation of assisting the courts in a just and proper manner in the just and proper administration of justice. Zeal and enthusiasm are the traits of success in profession but overzealousness and misguided enthusiasm have no place in the personality of a professional. xxx xxx xxx 26. A lawyer must not hesitate in telling the court the correct position of law when it is undisputed and admits of no exception. A view of the law settled by the ruling of a superior court or a binding precedent even if it does not serve the cause of his client, must be brought to the notice of court unhesitatingly. This obligation of a counsel flows from the confidence reposed by the court in the counsel appearing for any of the two sides. A counsel, being an officer of court, shall apprise....