M.N.C. BOSE Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) THE petitioner, who was the Director of Students Services of the University of Kerala, was forced to retire at the age of 55 years on the ground that the post of Director of Students Services is a non-teaching post. He filed this writ petition before attaining 55 years of age claiming that he is entitled to continue till the age of 60 years since the duties and functions of the post held by him answers the definition of 'teacher' in the Kerala University Act. But since this Court did not grant any stay as such, the petitioner was forced to retire at the age of 55 years. But, this Court directed that the retirement of the petitioner would be subject to the result of the writ petition. The writ petition is now coming up for final hearing.

(2.) THE Government of India appointed the Kothari Commission for recommending measures for enhancing the standards of University education in the country. The petitioner submits that the post of Director of Students Services was one recommended by the Kothari Commission and the Kothari Commission also recommended the qualifications requisite for the post, which according to the petitioner, answers the definition of a teacher. The post of Director of Students Services is included in the schedule to Kerala First Ordinances 1978. In the Ordinances, it was included as a non-teaching post. The qualifications prescribed for the post was that applicable to a teaching post, namely Masters Degree with experience of teaching in a University or College for seven years and experience in organising approved students service activities at least three years. The petitioner would contend that the qualifications prescribed for the post themselves would show that the post is essentially a teaching post. The petitioner submits that as is evident from Ext.P22 experience certificate issued by the Registrar of the University of the Kerala detailing the duties and functions of the petitioner, the petitioner was in fact discharging the duties and functions, which would come within the definition of 'teacher' in the Kerala University Act. The petitioner further points out that the duties and functions narrated in Ext.P22 tallies with the duties and functions of the Director of Students Services of the Mahatma Gandhi University, which post has been included by that University in their service as a teaching post as is evident from Ext.P12 order of the Mahatma Gandhi University. The petitioner further points out that in Ext.P27 Division Bench decision of this Court, it has been accepted that coaches in Universities would answer the definition of teacher, insofar as they are imparting skill to students selected for particular category of game or athletics. According to the petitioner, the Director of Students Services is also imparting skills to students on various activities and therefore, the ratio of the said decision is applicable to the facts of this case. The petitioner also relies on Ext.P29 judgment of a Division Bench of this Court in W.A.No.180/1992, wherein the Division Bench held that the Director of Centre for Adult Education and Extension of the University of Kerala is a teaching post. The petitioner derives analogy from that decision to show that the Director of Students Services is a similar post and therefore, the Director of Students Services is also a teaching post. Therefore, according to the petitioner, the petitioner was actually holding a teaching post and consequently the petitioner was entitled to continue till the attaining 60 years of age insofar as the retirement age of teachers in the University of Kerala is 60 years.

(3.) I have considered the rival contentions in detail. It is not disputed before me that the basis for creation of the post of Director of Students Services is the recommendation of the Kothari Commission. Ext.P10 is the extract from the report of the Kothari Commission dealing with the post of Director of Students Services. Paragraph 11.72 thereof gives the vision of the Commission as to what the Commission expected from the person holding the post and his duties and functions. The same reads thus: