LILYKURIAN Vs. SR LEWINA

JUDGEMENT

(1.) These appeals by special leave directed against the judgment of the Kerala High Court dated July 19, 1973, raise a question of far reaching importance. The question is whether an educational institution established and managed by a religious or linguistic minority is bound by the provisions of Ordinance 33 (4). Chapter LVII of the Ordinance framed by the Syndicate of the University of Kerala, under S. 19 (j) of the Kerala University Act, 1957.

(2.) Smt. Lilly Kurian, the appellant herein, was appointed as Principal of the St. Joseph's Training College for Women, Ernakulam in the year 1957. The College was established by the Congregation of the Mothers of Caramel, which is a religious society of Nuns belonging to the Roman Catholic Church, and is affiliated to the University of Kerala. It is administered by a Managing Board, and the Provincial of the Congregation is its President.

(3.) On October 30, 1969, there was an unfortunate incident between the appellant and one P. K. Rajaratnam, a Lecturer of the College, placed on deputation by the Government. On the basis of a complaint by Rajaratnam, the Managing Board initiated disciplinary proceedings against the appellant and appointed a retired Principal of the Maharaja's College, Ernakulam, to be the Enquiry Officer. The appellant did not participate in the proceedings. The attitude adopted by the appellant unfortunately was one of supreme indifference, taking the stand that the Managing Board had no competence whatsoever to initiate any such disciplinary action. The Enquiry Officer by his report dated Nov. 27, 1969, held the appellant guilty of misconduct. The Secretary of the Managing Board accordingly served her with a notice dated Dec. 2, 1969 stating that a meeting of the Board was to be held on Dec. 19, 1969 to consider the representation, if any, made by her and also the punishment to be imposed, on the basis of the findings recorded by the Enquiry Officer.