SECRETARY MALANKARA SYRIAN CATHOLIC COLLEGE Vs. T JOSE

JUDGEMENT

(1.) These appeals by special leave arise from the judgment dated 5.6.2003 of the High Court of Kerala in O.P. No.10111/2000 and connected cases. As these appeals involve questions which are analogous, they are heard and disposed of by this common judgment. As the ranks of the parties vary, they will be referred to by their abbreviated names. Facts in CA Nos. 8599 and 8600 of 2003 :

(2.) The Malankara Syrian Catholic College Association of Archidiocese at Trivandrum is a Society registered under the Kerala Literacy, Scientific and Charitable Socieities Registration Act, 1955. It is a minority organisaion and an Educational Agency (for short 'the Society'). It has established and runs several private colleges in Kerala. The colleges are managed by a 'Managing Council' (for short 'the management') appointed by the Educational Agency. The Society has appointed a Manager for the colleges under its management, who implements the decisions of the management. Mar Ivanios College ('college' for short) is one of the colleges run by the said Educational Agency. The said college is an aided private minority institution affiliated to Kerala University under the Kerala University Act, 1974 ('Act" for short). Educational instruction is provided in the college, in accordance with the provisions of the statutes, Ordinances and Regulations made under the Act. Each of the colleges run by the Society is headed by a Principal, who is responsible for the functional efficiency, quality of education and discipline.

(3.) The post of Principal of the college fell vacant on 31.3.2000. The Manager issued an order dated 27.3.2000 giving charge of the post of Principal and Drawing & Disbursing Officer ('DDO' for short) to Rev. Daniel Kuzhithaakthil, a lecturer in the college. The said order was approved by the Vice-Chancellor of the University by order dated 15.4.2000. The order dated 27.03.2000 was challenged by one of the Lecturers - Dr. Varghese M. Mathunny in O.P. No.10111/2000, wherein an interim order was passed restraining Rev. Daniel from taking charge as Principal. Another Senior Lecturer of the college, Dr. P.V. Thomas also challenged the order dated 27.03.2000 by filing O.P. No. 14337/2000. An interim order was issued in that case on 24.5.2000, restraining Rev. Daniel from functioning as the Principal or DDO.