K RAMACHANDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The learned Additional Advocate General takes notice for the respondents.

(2.) The petitioners are teachers of colleges affiliated to the Universities of Kerala and Calicut. They challenge the validity of the University Laws (Amendment) Ordinance, 1978 (Ordinance No. 12 of 1978) promulgated by the Governor of Kerala to amend the Kerala University Act, 1974, and the Calicut University Act, 1975. S.3 of the Ordinance has inserted sub-s.(9A) and (9B) of S.7 and S.80A in the Kerala University Act. Likewise S.4 of the Ordinance has inserted sub-s.(9A) and (9B) of S.7 and S.79A in the Calicut University Act. By these amendments it is specifically provided that the work in connection with an examination conducted by the University is part of the official duty of a teacher, or a member of the non teaching staff, of an affiliated college, or an officer, teacher or other employee of the University.

(3.) Shri C. K. Sivasankara Panicker appearing for some of the petitioners contends that the Governor exceeded the power vested in her under Art.213 of the Constitution. Counsel submits that insofar as no instructions from the President had been received by the Governor before the Ordinance was promulgated, she exceeded her constitutional power. Counsel relies upon the proviso to Art.213(1) of the Constitution. Counsel then points out that the Ordinance has eroded certain rights vested in the teachers by virtue of the agreements entered into between the Educational Agencies and the Government whereunder the Government have undertaken the responsibility of payment of salary to the teachers. It is also pointed out that the Ordinance is expropriatory in character and violative of Art.31 of the Constitution insofar as it was not reserved for consideration of the President and has not received his assent as required under clause (3) of that Article. These arguments are supported by Shri M. M. Cherian, who appears for the other petitioners. Shri Cherian further submits that the constitutionally guaranteed liberty of the citizen is taken away without proper authority of law According to him, the provisions imposing penalty upon the teacher deprives him of his constitutional liberty. Shri Cherian also submits that Art.14 of the Constitution is violated insofar as no guideline is provided for the exercise of the power vested in the officers under the Ordinance.