Full Judgment Text
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PETITIONER:
STATE OF KERALA
Vs.
RESPONDENT:
MOTHER ANASTHASIA, SUPERIOR GENERAL & ORS.
DATE OF JUDGMENT: 06/02/1997
BENCH:
K. RAMASWAMY, S. SAGHIR AHMAD
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
These appeals by special leave arise from the judgment
of the Division Bench of the Kerala High Court in O.P
Nos.868/77 and 4934/76.
The admitted position is that Smt. Mary Lily, the third
respondent, was temporarily appointed in a leave vacancy for
a period of three months effective from January 2, 1974 in
St. Joseph’s College for Women , Irinjalakuda, After the
expiry of the period, she ceased to be a Lecturer. In 1976,
when a permanent vacancy hay arisen advertisement was made
for recruitment. Pursuant thereto, when 27 candidates
including the third respondent had applied for and called
for selection therein Smt. Mariamma Chacko, fourth
respondent was selected. The third respondent challenged the
validity of the selection and appointment of Smt. Mariamma
on the ground that under Section 57 (6) of Calicut
University Act, 1975, she had preferential claim for
appointment since she was a discharged employee. Sub-section
(6) of Section 57 reads as under:
"Notwithstanding anything contained
in sub-sections (i) and (4) a
teacher discharged from a private
college on or after the 14th day of
March, 1974, due to abolition of a
course of study in that college or
for any other reason except
disciplinary action against him
shall be given reference in the
matter of future appointments in
the private college or, as the case
may be, or any of the private
colleges under the management of
the educational agency within the
university area." (emphasis
supplied)
A reading thereof would indicate that notwithstanding
anything contained in sub-section (i) and Section 4 of
Section 57, a teacher discharged from a private college on
or after March 14, 1974 due to abolition of a course of
course of study in college for any other reason except on
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disciplinary action against him, shall be given preference
in further appointments in a private college or any of the
private colleges under the Management of the educational
agency within the university area. Admittedly, the third
respondent was appointed in a leave vacancy for a short
period of three months. The intendment of sub-section (6)
appears to be only that when permanent teacher or teacher
appointed on a regular basis is discharged from service due
to abolition of the course of study in that college or for
any other reason, obviously, other analogous causes other
then disciplinary action, such a teacher who held the post
was given preferential treatment for future appointment. A
temporary teacher in a leave vacancy cannot be considered as
discharged not claimed the status as discharged employee.
Discharge would connote for any other reason ujus dem
generis due to abolition of the post or course of study or
such similar circumstances except for discharge due to
misconduct. Such a teacher only will be eligible to set up
preferential claim for appointment but not a teacher who
fortuitously came to be appointed in a leave vacancy much
less for a limited period.
The appeals are accordingly disposed of. No costs.