SASIKUMAR Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) In all these Original Petitions the petitioners challenge the order of the Registrar of Mahatma Gandhi University sanctioning to terminate all ad hoc appointments of non teaching staff made by the Directors.

(2.) The School of Medical Education and the School of Technology and Applied Science are run by M.G. University under a self financing Scheme. These schools commenced functioning during the year 1994 with the Honorary Directors as their head. They have made about 131 appointments for non teaching staff of the institute on contract basis for one year and in some eases as casual labourers on daily wages. By communication dated 23.9.1996 the Directors of Self Financing Schools were informed that the appointments made to the non teaching staff were done on ad hoc basis without following the statutory procedures. The University has, therefore, taken a decision to terminate the ad hoc temporary appointments and the Directors were instructed to initiate steps to give notice for terminating all ad hoc appointments of non teaching staff. At this stage, the Original Petitions have been filed challenging the communication of the University.

(3.) The M.G. University First Statutes, 1991 deals with the terms and conditions of service of non teaching staff of the University, under Chap.4. Chap.4 is divided into Part I and Part II. Part I deals with the applicability of the Kerala State and Subordinate Service Rules, in so far as it may be applicable except to the extent expressly provided for in these statutes. Part II of the Chapter deals with the Constitution of the M.G. University service. R.7 provides for scales of pay, qualification and method of posting. R.8 deals with the recruitment of posts which shall be made on the basis of the recommendations made by the selection committee consisting of Vice-Chancellor as Chairman, Convener of the Standing Committee of the Syndicate on staff and Registrar who shall be the Member-Secretary of the Committee. The Committee may conduct the test as it may deem necessary.