Vice Chancellor, Rajiv Gandhi National Aviation University v. Jitendra Singh
(2026) INSC 520
Key Issue / Question of Law
Whether the Visitor of the Rajiv Gandhi National Aviation University (the President of India) has the authority to approve the termination of services of the First Registrar appointed under the transitional provisions of Section 46(b) of the Rajiv Gandhi National Aviation University Act, 2013, or whether disciplinary action against such employee must be taken by the Executive Council under Statute No. 28.
Ratio Decidendi
Under Section 46(b) of the Rajiv Gandhi National Aviation University Act, 2013, the first Registrar and the first Finance Officer are appointed by the Visitor on the recommendation of the Vice-Chancellor. Section 16 of the General Clauses Act, 1897 provides that where a power to make an appointment is conferred, the appointing authority shall also have the power to suspend or dismiss any person so appointed, unless a different intention appears. Therefore, the Visitor, being the appointing authority for the first Registrar under the transitional provision, also possesses the power to terminate his services. However, transitional provisions have a temporary operation and become spent once the initial appointments are made. The regular Registrar would be appointed by the Executive Council under Section 14 of the Act, and disciplinary action against such regular Registrar would be governed by Statute No. 28, where the Executive Council is the appointing authority.
Holding / Decision
The Supreme Court held that the Visitor (President of India) had the authority to approve the termination of the First Registrar's services, as he was the appointing authority under Section 46(b) of the Act. The Court disagreed with the High Court's finding that the Visitor had no role in disciplinary proceedings. However, given the peculiar facts — including the expiry of the First Registrar's three-year tenure and the repeated rounds of litigation — the Court declined to interfere with the operative directions of the High Court. The appeals were disposed of without any order as to costs.
Background & Facts
The Rajiv Gandhi National Aviation University was established under the Rajiv Gandhi National Aviation University Act, 2013. The First Registrar was appointed by the Visitor (President of India) under the transitional provisions of Section 46(b) of the Act, on the recommendation of the Vice-Chancellor, on 01.03.2019 for a term of three years. During his probation period, his services were terminated on 08/09.01.2020. After litigation, the Division Bench of the High Court found the termination order stigmatic and remitted the matter to the University to proceed afresh. The First Registrar was reinstated on 31.12.2021 and placed under suspension on the same day. A disciplinary enquiry was conducted, and an Enquiry Committee found charges of indiscipline, gross insubordination, unprofessional conduct, and obstruction of public servants proved. The Visitor granted approval for termination on 20.04.2022, and the termination was communicated on 27.04.2022. The First Registrar challenged the termination before the High Court. The learned Single Judge held that the First Registrar was entitled only to one month's salary as he had not been confirmed beyond probation. The Division Bench allowed the appeal, holding that the Visitor had no role in disciplinary proceedings and quashed the termination order. The University and the Union of India appealed to the Supreme Court.
Statutes Involved
- Section 46(b), Rajiv Gandhi National Aviation University Act, 2013 — Transitional provision stating that the first Registrar and the first Finance Officer shall be appointed by the Visitor on the recommendation of the Vice-Chancellor and shall hold office for a term of three years
- Section 20(1) proviso, Rajiv Gandhi National Aviation University Act, 2013 — Provides that until the constitution of the first Executive Council, the Steering Committee of the Ministry of Civil Aviation shall function as the interim Executive Council
- Section 14, Rajiv Gandhi National Aviation University Act, 2013 — Provides that the Registrar shall be appointed by the Executive Council and shall have such powers and duties as may be prescribed by the Statutes
- Section 9, Rajiv Gandhi National Aviation University Act, 2013 — Provides that the President of India is the Visitor of the University and specifies the Visitor's powers under sub-sections (2) to (12)
- Section 2(l), Rajiv Gandhi National Aviation University Act, 2013 — Defines 'employee' as any person appointed by the University, including teachers and other staff
- Section 2(b), Rajiv Gandhi National Aviation University Act, 2013 — Defines 'academic staff' as categories of staff designated as academic staff by the Ordinances
- Statute No. 28, Rajiv Gandhi National Aviation University, First Statute, 2016 — Provides for removal of employees of the University; vests power of removal on the Vice-Chancellor for teachers and academic staff, and on the appointing authority for other employees
- Section 16, General Clauses Act, 1897 — Provides that where a power to make an appointment is conferred by any Central Act or Regulation, the appointing authority shall also have the power to suspend or dismiss any person so appointed, unless a different intention appears
Full Analysis
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Key Conditional Rule / Important Caveat
This judgment applies ONLY where (a) the appointment is made under a transitional provision of a statute (e.g., first Registrar, first Finance Officer), (b) the transitional provision designates a specific appointing authority (e.g., the Visitor), (c) the statute does not contain a different intention regarding the power of removal, and (d) the term of office is specified in the transitional provision. Under Section 16 of the General Clauses Act, 1897, the appointing authority has the power to remove the appointee. However, if the transitional appointee has completed the specified term (here three years), the appointing authority's power to remove may be exhausted, and the regular provisions under the statute (e.g., appointment by Executive Council, removal under Statute No. 28) would apply. This judgment does NOT apply where (a) the appointment is a regular appointment under the main provisions of the Act (e.g., Registrar appointed by Executive Council under Section 14), (b) the statute expressly provides a different intention regarding removal (e.g., removal only by Executive Council after enquiry), or (c) the transitional appointee has already served the full term and the transitional provision is spent.
Courtroom Arguments
For Petitioner
Visitor Is Appointing Authority Under Section 46(b) of the Act — (2026) INSC 520
Under Section 46(b) of the Rajiv Gandhi National Aviation University Act, 2013, the Visitor (President of India) appointed the First Registrar.
For Respondent
Visitor Has No Role in Disciplinary Matters Under the Act — (2026) INSC 520
Under the Rajiv Gandhi National Aviation University Act, 2013 and the Statutes, the Visitor's powers are limited to those enumerated in Section 9.
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Disclaimer: This summary is prepared by Agarawal Associates for informational purposes only. It does not constitute legal advice. For legal matters, consult a qualified advocate. © 2026 Agarawal Associates — apexdigest.in