RAJAM AUTHI LINGOM Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ application poses what I consider to be an interesting question though I do not see my way to accept, if I may say so, the able arguments advanced by counsel for the petitioner. The matter arises out of a contract, consisting of only four paragraphs embodied in Ext. P1 dated 10-7-1953. By this agreement, the petitioner bound herself to serve the State for a period of three years after obtaining the medical degree if an appointment is offered to her by the Government of Travancore Cochin within a period of six months after taking the degree. She finished her medical course in January 1959 and took her degree on 25-3-1959. Before that on 1-2-1959, she was appointed as a House Surgeon and continued to serve the State in that capacity till 31-1-1960. Soon after she left for Madras and got employed in the Madras State on 4-2-1960.

(2.) Counsel for the petitioner has submitted that this action taken by the first respondent is unwarranted because it is unsupported by the authority of law; it is an infringement of Art.31 of the Constitution of India amounting to deprivation of the property of the petitioner without the authority of law; that the whole procedure is on the basis of the decision made by the Government and that behind the back of the petitioner without affording her any chance of either pleading or proving her case; that the matter involved is simple and raises a question of law depending solely on the interpretation of ext. P1; and that therefore I am entitled, may, bound to issue an appropriate writ preventing the first respondent from proceeding with the recovery of the sum of Rs. 2,500/- provided in Ext. P1.

(3.) It is not disputed that ordinarily the question about the breach of a contract or its enforceability should be determined in proceedings other than Art.226 proceedings. In fact the decision relied on by counsel for the petitioner has also said the same thing. Justice J. K. Tandon in Shafiullah v. State of Uttar Pradesh, AIR 1961 All 485 remarked: