NAIR SERVICE SOCIETY Vs. STATE

JUDGEMENT

(1.) The private colleges in Kerala are within the area of operation and within the jurisdiction of three Universities, viz. Kerala, Calicut and Mahatma Gandhi Universities. The petitioner in O.P.No.9357 of 1990, who is the appellant in W.A.No. 380 of 1991, is a corporate management, as defined in the three Universities' Acts mentioned above. The petitioner is having different colleges in different parts of the State of Kerala, coming under the jurisdiction of the above three Universities.

(2.) In the original petition, which is the subject matter of the writ, appeal, the prayer is to quash, by the issue of a writ of certiorari, the Kerala University (Intra University transfer of teachers of colleges under corporate management having colleges affiliated to the Kerala University) First Statutes, 1990, Ext. P1, a similar First Statute issued in respect of the private teachers of the Calicut University, Ext. P2, and Ext. P3, a First Statute issued under the provisions of the Mahatma Gandhi University in regard to the intra University transfer of teachers of colleges coming under the corporate management having colleges affiliated to the Mahatma Gandhi University. All the three statutes are dated 25-8-1990. These three statutes were issued by the Government in exercise of their purported power -under the relevant provisions of the three University Acts. These three statutes provide for the rules regarding the transfer of private college -teachers from one college to another, within the jurisdiction of each University, in the colleges belonging to the corporate management. The petitioner is challenging the validity of these three first statutes.

(3.) The petitioner is challenging the validity of these statutes on the ground that under S.57 of the Kerala and Calicut University Acts and under S.59 of the Mahatma Gandhi University Act, the power to appoint teachers, including the principals of colleges, is vested in the educational agency. S.60 of the Kerala and Calicut University Acts and S.62 of the Mahatma Gandhi University Act provide that the conditions of service of teachers of private colleges, including their conditions relating to pay, pension, provident fund etc., shall be prescribed by the statutes. The statutes are to be passed by the Senate, solar as the Kerala and Calicut Universities are concerned, a condition of service, but only an incident of service, the Government is not empowered to issue a statute in respect of the matter of transfer of private college teachers. It was also contended that the right to appoint having been vested in the educational agency under the relevant provisions of the University Acts, transfer, which is a necessary noncomitant of that power, cannot be interfered by the Government and, accordingly, it is invalid. The petitioner further contends that the three statutes, Exts. P1 to P3 , do not take into account the interest of the institution at all, but take into account only the interest of the teachers and, accordingly, it is liable to be set aside. It is also the case of the petitioner that the 1990 statutes are in conflict with the earlier statutes on the same subject and on that ground also, it is liable to be quashed. So far as Ext. P3 statute in respect of teachers in colleges coming under the Mahatma Gandhi University is concerned, an additional contention was raised by the petitioner that the first statutes were issued beyond the period of one year mentioned in S.100 of the relevant Act and, accordingly, it is without Jurisdiction.