HARIDASAN PILLAI Vs. RAMAKRISHNA IYER

JUDGEMENT

(1.) Both these Writ Appeals arise out of a common judgment delivered by the learned single Judge in O.P. Nos. 2880 and 2801 of 1994. While W.A.No. 263/97 is filed by the Secretary, N.S.S. Colleges' Central Committee, Perunnai (petitioner in O.P. No. 2880/94), W.A. No. 264/97 is filed by Dr. K. Haridasan Pillai, who is the petitioner in O.P. No. 2801/94.

(2.) Sree Vyasa N.S.S. College, Wadakkancherry is a private College affiliated to the Calicut University. Originally, this College was started by a trust and subsequently, it was transferred to the N.S.S., viz., Nair Service Society. Thus, the educational agency of the College is the Nair Service Society. Even though the N.S.S. has got other Colleges by means of an agreement with the transferor, this College has been treated as a separate unit.

(3.) The Principal of Sree Vyasa College was to retire on 1.5.1993. He intimated his intention to take leave from 21.10.1992. The management was then in search of a new Principal. The Principal has to be appointed in terms of the Calicut University Act (hereinafter referred to as 'the Act'). S.57(2) of the Act states that appointments of principals shall be made by the educational agency by promotion from among the teachers of the College or of all the Colleges, as the case may be or by direct recruitment. S.57(3) of the Act states that where the appointment of Principal is made by promotion, the educational agency shall make the appointment on the basis of seniority cum fitness. The management decided to appoint the Principal by promotion among the teachers. Hence by notice dated 12.12.1992, the management intimated 23 teachers, who had crossed 16 years of service, that the Selection Committee will interview the proposed persons on 23.12.1992 for selecting a person as Principal. Even though all the 23 persons expressed their willingness, at the time of interview only 4 persons turned up. Of these 4, excepting Dr. K. Haridasan Pillai and P. Ramakrishna Iyer, the other two were not considered because they were not selection grade teachers. The Selection Committee consisted of 4 persons, of whom two were experts in the educational field. The Selection Committee interviewed those two persons and selected Dr. K. Haridasan Pillai. By Ext. P4 order dated 4.2.1993, Dr. Haridasan Pillai was appointed as the Principal of the College. Shri. Ramakrishna Iyer, aggrieved by the selection and appointment of Dr. Haridasan Pillai as Principal, challenged the order before the Calicut University Appellate Tribunal, under S.57(10) of the Act. The Appellate Tribunal, after considering every aspect of the matter, allowed the appeal and directed the appointment of Shri. Ramakrishnan Iyer as the Principal. Dr. Haridasan Pillai and the educational agency filed separate Original Petitions before this Court challenging the order of the Appellate Tribunal. Both those Original Petitions were dismissed. Hence the present appeals have been filed.