PAYYANNUR EDUCATIONAL SOCIETY V V Vs. SATHIMANI

JUDGEMENT

(1.) We are in this case concerned with the interpretation of Section 65(2)(b) of the Kannur University Act which gives preference in the matter of future appointments in private colleges under the management of the educational agency to teachers who have been relieved due to cessation of vacancy or for any other reason.

(2.) Right to get preference for future appointment to a teacher discharged from private college was the subject-matter of a Division Bench decision of this Court in Mother Anasthasia v. University Appellate Tribunal,1980 KerLT 666 wherein this Court examined the scope of the unamended Section 57(6) of the Calicut University Act, 1975 which is extracted hereunder for easy reference.

(3.) Counsel for the Appellant tried to build up a contention based on the decision of the apex Court that thrust has to be given on the nature of appointment, that is, as to whether the appointment was regular or temporary. Counsel submitted that only when a person is appointed on a regular or permanent basis and when that person is relieved due to abolition of a course of study or on cessation of the period for which he was appointed regularly he could claim the benefit of reappointment. Counsel also contended that the Appellant was appointed in a vacancy caused when the incumbent was sent on deputation and was relieved not due to abolition of a course of study or on cessation of period of appointment. Counsel also submitted that the amendment is inconsequential and the principle laid down by the apex Court still holds good.