MERCY MATHEW Vs. VICE CHANCELLOR KERALA UNIVERSITY

JUDGEMENT

(1.) The appointment of the 3rd respondent to the post of Professor and Head of the Department of Zoology in a private college by name Fatima Matha National College, Quilon (for brevity, the college) under the management of the 2nd respondent has given rise to these proceedings under Art.226 of the Constitution. It is common case that the college is affiliated to the University of Kerala, the 4th respondent herein, and that the institution has to be run in accordance with the provisions of the Kerala University Act 9 of 1969 (shortly called the Act).

(2.) After obtaining an M.Sc. Degree in Zoology with a second class, the petitioner succeeded in getting appointment as a Lecturer in the college as early as 1954. On completing service for the requisite number of years she obtained the status of second grade Professor. The college did not provide for studies in Post graduate course in Zoology at the initial stages. The management applied to the concerned authorities for starting Post graduate studies in the college; and it appears that the Inspection Commission sent by the University inspected the institution and accorded sanction for commencing the M.Sc degree course in Zoology in 1964, on the understanding that a person with experience of teaching in Post graduate classes was added to the staff of the college. The 3rd respondent who was then working in another private college by name Christ College, Irinjalakkuda, was appointed as Additional Professor in the college as he bad experience in teaching post graduate students. The designation of his post was ultimately changed on certain representations made by the present petitioner and the post was redesignated as Lecturer. It is not necessary to pursue further the conduct of the parties with reference to that matter; and it is now common case that as far as the college is concerned the petitioner is senior in service to the 3rd respondent. Act 9 of 1969 came into force on 28-2-1969. At that time, the post of Professor of Zoology in the college was held by one Mr. Kurien who was on extension, and a regular appointment to that post had to be made without undue delay. After the Act came into force appointment of teachers of the college had to be made in conformity with the provisions contained in S.53(7) of the Act. The Act underwent certain amendments through another statute by name the Kerala University (Amendment) Act, Act 13 of 1971. An explanation was added to sub-s.7 of S.53 by the amending Act. The 2nd respondent management challenged the validity of certain provisions of Act 13 of 1971 inclusive of the amendment to S.53(7) through O. P. 2518/1971. Similar questions were raised in other original petitions filed by certain other managements, one of which was disposed of by this court by the judgment reported in Rt. Rev. Dr. M. M. John v. Government of Kerala ( 1971 KLT 875 ). It was during the pendency of O. P. 2518/71 that the 3rd respondent was appointed as Professor with effect from 2-8-1971,. This court struck down the amendment to S.53(7) of the Act made by S.5(4) of Act 13 of 1971. The result was that S.53(7) of the Act as it stood originally continued to be in force. The appointment of the 3rd respondent was challenged by the petitioner through Ext. P1 petition before the Vice Chancellor, University of Kerala, who is the 1st respondent to this petition, on the strength of S.53(9) of the Act. The 1st respondent upheld the conduct of the 2nd respondent and passed Ext, P2 order dismissing the appeal. It is the legality and correctness of Ext. P2 order that is challenged in this petition.

(3.) It was agreed by both sides that the dispute between the contestants has to be resolved on the basis of S.53(7) of the Act, and consequently, I am not seriously considering any other provision of law. The short contention urged on behalf of the petitioner is that the appointment of the 3rd respondent is not in conformity with S.53(7) of the Act. 1 may read the relevant provision in its amended form.