B N SREERAMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners as Lectures/Readers of an aided educational institution and/or as members of Executive Committee of Private College Teachers Association have questioned constitutional validity of Cls. 2(iv) and (vii); 4(4); 5, 6, 8, 9, 12, 13, and 17 entitled as 'Code of Conduct' (Annexure-A) prescribed for employees of aided educational institutions. The brochure/book-let captioned as 'Government of Karnataka, Educational and Youth Services Department' dealing with sub : Direct payment of salaries to private aided Colleges, Junior Colleges and Teacher's colleges sets out certain terms and conditions on which grant is given. "The question of direct payment of salaries to the employees of aided Colleges, Junior Colleges and Teacher's Colleges has been under the consideration of Government for some time past and Government have decided that salaries be paid directly to the employees of these institutions, subjects to the fulfilment of certain duties and responsibilities both by the managements and employees of these institutions. Accordingly Government are pleased to make the Following order : ORDER NO. ED 141 UPC 76, BANGALORE DATED THE 6th October, 1977. Salaries of the employees of the aided institutions referred to above, which execute an agreement with Government as in the form attached shall be paid in accordance with the provisions and subjects to the conditions contained in the Agreement. The salaries for the month of October 1977 shall be paid on 1st November, 1977 and thereafter from month to month.

(2.) For the judicious exercise of powers and duties of Management in the matter of maintaining order and discipline amount the employees, it is necessary that they prescribe a Code of Conduct for their employees. For the purpose, the Management shall obtain from each of their employees an agreement duly signed by him in the form contained in Schedule II of the Agreement." 2. Government while regulating direct payment of salary of staff of aided educational institution have prescribed certain Code of Conduct breach of which would result in forfeiture of grant or withholding either by revocation or cancellation. Incidentally, it is necessary to mention that no such restrictions are imposed on staff working in un-aided institutions.

(3.) Resume of clauses challenged is as follows : Clause 2 while dealing with professional duties by sub-clause (iv) imposes same restriction as is imposed on Lecturers/Teacher working in Governments Colleges in respect of acceptance of private tuition. Sub-Clause (vii) prohibits an employee from preparing or publishing any book or books commonly known as 'keys or notes' or assist whether directly or indirectly in their publication without the permission of Management. Sub-clause (iv) of Clause 4 prohibits an employee from organising or attending any meeting during working hours of the institutions except when he is required or permitted by the Head of the Institution to do so. Clause 5 prohibits an employee for becoming a Members or associating with any political party or any organisation which takes part in politics. Clause 6 restricts an employee from joining or continuing to be a members of an association the objects or activities of which are prejudicial to the interest of sovereignty or integrity of India or Public order or moralty. Clause 8 prohibits an employee from involving in criticism in any Radio, Broadcast, any document published in his own name, or anonymously, pseudonymously or in the name of any other person in any communication which has the effect of an adverse criticism of any current or recent policy or action of the Government of Karnataka or Central Government or any other State Government. Clause 9 restricts an employee fork asking for or accepting contribution or otherwise associate himself with the raising of any collections in cash or in kind in pursuance of any object whatsoever except with the previous sanction of Management. Clause 12 prohibits an employee from receiving any complementary or valedictory address, accept any testimonial or attend any meeting or entertainment held in his honour except with the previous sanction of the Management. Clause 13 prohibits an employee from engaging directly or indirectly in any trade or business or negotiate for or undertake any other employment except with the previous sanction of the Management. Clause 17 prohibits an employee to speculate in any stock, share or other investment.