LILLY KURIAN Vs. UNIVERSITY APPELLATE TRIBUNAL

JUDGEMENT

(1.) St. Joseph's Training College for Women, Ernakulam is an educational institution established by the religious congregation of Mother of Carmel belonging to the Roman Catholic Church. It is an educational institution established and administered by a religiousminority and hence entitled to the protection of Article 30 (1 of the Constitution. The College was affiliated to the University of Kerala.

(2.) From the inception of the college in 1957 the appellant Lilly Kurian was the Principal of the College. It is her case that she was persuaded by the management to accept the Principalship of the College when it was started and she was persuaded to resign a Class I Gazetted Officer's post in government service for this purpose. The appellant also contends that the management had hoped that she would become a nun. She, however, refused to become a nun and got married, after which the relations between her and the management deteriorated. When one of the nuns belonging to the religious order became partially qualified for the Principal's post, attempts were made by the management to remove the appellant in order to make a qualified nun the Principal of the College.

(3.) On account of an incident which took place in the College on 30/10/1969 between the appellant who was the Principal and a Lecturer Rajaratnam who was on deputation to the College, complaints were made by the appellant as well as by Rajaratnam to the Management Board of the College. The Management Board thereupon decided to take disciplinary proceedings against the appellant. According to the management, letters dated 11/11/1969, 12/11/1969 and 13/11/1969 were sent to the appellant under certificate of posting, giving her a charge-sheet and calling her for a disciplinary enquiry to be held on 16/11/1969. The appellant contends that she was on leave from 14/1 1/1969 to 17/1 1/1969 and was out of station. She received the letter of 13/11/1969 fixing the date of enquiry as 16/11/1969 only on 17/1 1/1969. In the meanwhile, the enquiry was held ex parte against the appellant on 16/11/1969. It concluded on 19-11-1969. On 13/12/1969 a show-cause notice was issued to the appellant asking her to show cause why penalty of removal from service should not be imposed upon her.