DHARMARATHMAKARA RAIBAHADUR AROOT RAMASWAMY MUDALIAR EDUCATIONAL INSTITUTION Vs. EDUCATIONAL APPELLATE TRIBUNAL

JUDGEMENT

(1.) This appeal is directed against revisional order passed by the High Court of Karnataka on 25th September, 1989 confirming the order dated 13th February, 1980, passed by the Educational Appellate Tribunal under Section 8 of the Karnataka Private Educational Institutions (Discipline and Control) Act of 1975 (hereinafter referred to as 'the 1975 Act') which allowed the appeal of the respondent by setting aside the order dated 26th February, 1979 terminating her services w.e.f. 28th February, 1979. The appellant-institution is a private educational institution conducting a junior college. The second respondent was appointed as a Lecturer in Chemistry in the said institution on 5th June, 1973. She applied for grant of leave for proceeding (prosecuting) her higher studies which was granted subject to her giving a declaration that after expiry of the leave if she fails to resume her duties, the authorities shall be entitled to terminate her services. The case of the appellant is that though an extraordinary leave was granted for specified course with certain conditions but respondent No. 2 neither went for the course for which she obtained the leave nor joined back her duties in spite of the reminder and hence after due notice to respondent No. 2 and after receipt of her reply and after giving due consideration to it not finding it satisfactory, terminated her services on 26th February, 1979. It is this order which was challenged before the said Tribunal in appeal in which her termination order was set aside. Aggrieved by the same, the appellant filed Civil Revision in the High Court. The High Court confirmed the order of the Tribunal by holding neither any enquiry was held nor any opportunity was provided to the second respondent to establish that she had not stayed away wilfully. Aggrieved by this, the present appeal has been filed.

(2.) The appellant's case is that on 27th May, 1978 respondent No. 2 wrote a letter to the Principal of the college seeking leave to register her name for Ph. D. course and also for sanction of leave for three years from 17th June, 1978. This application was examined by the Board of management and after careful consideration rejected it. Thereafter, another application dated 16th June, 1978 was made by respondent No. 2 for extraordinary leave for a period of one year to enable her to do M. Phil for which the prescribed duration is one year. The Board of management after considering her second application granted her the extraordinary leave for one year, on two main conditions that she makes a declaration on affidavit that she would join her services at the end of the said leave period. It was on submission of such an affidavit the aforesaid leave was granted for one year w.e.f. 27th June, 1978. The second condition was that she should register herself for M. Phil course and confirm this registration by or before 31st July, 1978. As a fact she did not join M. Phil course but contrary to the condition of leave, which was for M. Phil course, she got herself registered for Ph. D. course. As per the undertaking she was to get herself registered with the Calicut University for M. Phil course and send a copy of this registration to the appellant-institution, on or before 31st July, 1978, failing which she was to return back and join her services by 10 a.m. on 16th August, 1978. Admittedly, this registration was not sent by the said date nor she returned back to join her services in terms of the same. Then on 8th August, 1978 the appellant wrote a registered letter to respondent No. 2 directing her to join her services by 16th August, 1978. This letter though was acknowledged by her, she did not join back. Rather she wrote on 12th August, 1978 expressing her inability to join her duties.

(3.) Thereafter, the appellant sought confirmation from the Registrar of the said University regarding the registration of respondent No. 2 for the said course. The Registrar through his letter dated 24th August, 1978 informed the appellant that the University was unable to start the course of M. Phil in Chemistry and hence she was not registered for the said course. On 15th September, 1978, the appellant informed respondent No. 2 about her non-registration in M. Phil course in terms of her agreement, in spite of this, an opportunity was given to her to come back and join her duties on or before 30th September, 1978 through a show cause notice dated 27th September, 1978. In it a direction was given to respondent No. 2 to join her duties before 4 p.m. by the 30th September, 1978, failing which her services in the college would stand terminated without further notice. Thereafter, the trust-Board in its meeting held on 6th December, 1978 resolve to issue another show cause notice which was issued to respondent No. 2 on 20th December, 1978, through which another opportunity was given to the respondent to submit her written explanation, if any, and in case no written and satisfactory explanation was received within one calendar month from the date of receipt of this notice, ex parte action would be taken. The explanation sought was on the following charges which is quoted hereunder: