STATE OF KERALA Vs. BENEDICT MAR GREGORIOS

JUDGEMENT

(1.) R. P. No. 85, 89, 88, 91, 96 and 9 of 1976

(2.) These are applications for review by the writ petitioners. They seek to review our finding and conclusion that S.57(3) of the University Act is valid. The ground for review is that it having been accepted as a principle that the post of the Principal of a college is pivotal and that no sort of trammels should be placed on the selection of the Principal, and the minority's right in, making the same, we were wrong in holding that the insistence of seniority cum fitness sanctioned by S.57(3) does not violate the principle of free selection recognised by this Court; nor violate the minority's rights guaranteed under Art.30. But we have pointed out in Para.12 of the judgment that although at first blush S.57(3) might seem to restrict the minority's free right of choice in regard to the appointment of Principal, it does not in fact do so, if regard is had to the principle of seniority cum fitness as explained in the rulings of this Court, and further to the fact that fitness is to be understood in the sense of fitness in the interests of minorities themselves. We see no ground at all to review either the reasoning or the conclusions thus arrived at. We dismiss these review petitions.

(3.) This review petition has been preferred by the petitioner in O.P. No. 4025 of 1974 who is aggrieved by our reasoning and conclusion in Para.12 of the judgment. We noticed in the said paragraph the contentions urged on behalf of this writ petitioner. Those contentions were: that he cannot be obliged to club all the four institutions and keen them under a common Managing Council under S.53; (2) to maintain a common roll of seniority in respect of all the four institutions; and (3) to appoint a common Manager for all the four institutions under S.54. It was stated that there is force in the objection to S.53 on the ground of superimposing a Committee on the minority institution. But we held that as the body constituted was purely advisory without the advice being made binding on the minorities, there is no ground for the petitioner to have any grievance. The writ petitioner's counsel has now come forward with the review petition on the ground that we have not dealt with his other objections raised in regard to the preparation of a common roll of seniority and to the appointment of a common manager. It is enough for us to say that if and when the petitioner is aggrieved by the enforcement of these provisions against him, he shall not be precluded from pursuing his appropriate remedy Subject as above, the review petition is dismissed.