2015 LAB. I. C. 689 ::(2015) 1 Ker LT 720 ::(2015) 1 Ker LJ 472 ::(2015) 4 SCT 388

Kerala High Court

Hon'ble Judge(s): Ashok Bhushan, Actg. C. J., A. M. Shaffique, A. K. Jayasankaran Nambiar , JJJ

( A ) Constitution of India Art. 226 — Writ petition — Maintainability — Service conditions of principal and teachers of affiliated college — Are governed by statutory provisions — Writ petition challenging order of termination of service at instance of such teacher or principal — Maintainable. (Paras28)

( B ) Mahatma Gandhi University Act (12 of 1985) S. 59 — Appointment to substantive vacancy — Cannot be claimed to be made for fixed period.The Act and the Statute provide a procedure for filling up of a substantive vacancy by direct recruitment. The substantive vacancy is filled up by direct recruitment. According to the procedure prescribed in the Statute, appointment to the substantive vacancy under the Act and Statute is not an appointment on any contract or appointment fixed for a limited period. The appointment made to a substantive vacancy cannot be claimed to be made for any fixed period, since permitting the management to make substantive appointment to a retirement vacancy for a fixed period will be nothing, but giving arbitrary power to the management in making appointment which will lead to arbitrariness and illegality. The Statute does not contemplate any fixed term of appointment to a substantive vacancy. (Paras32)

( C ) Mahatma Gandhi University Act (12 of 1985) S. 63 — Appointment — Petitioner, Principal substantively appointed by direct recruitment after following due procedure — Cannot be illegality and arbitrarily treated to be on deputation — Termination of his services treating him to be on deputation — Not covered by any of penalties contemplated under S. 63(c) — Writ petition against, maintainable — Order of termination of service, set aside. Constitution of India, Art. 226. (Paras39)

( D ) Mahatma Gandhi University Act (12 of 1985) S. 63 — Termination of service — Procedure for imposing penalty under Act and Statute applies to private institutions both minority and non-minority — Thus minority institution cannot claim freedom and discretion in terminating services of teachers and principal whose appointments were approved by university. (Paras41)

( E ) Mahatma Gandhi University Act (12 of 1985) S. 63 — Termination of services — Order passed against principal treating him to be on deputation — Found illegal — High Court in the interest of justice instead of directing his reinstatement directed management to pay lumpsum amount to petitioner. (Paras45)