MANAGER, MARTHOMA COLLEGE Vs. SYNDICATE, UNIVERSITY OF CALICUT

JUDGEMENT

(1.) SANCTION was accorded on 11th August 1981 by the Vice Chancellor,for the provisional affiliation to the Calicut University,of a new Junior College at Chungathara,to be started by Dr.Alexander Marthoma,Metropolitan Marthoma Church,Tiruvalla,the petitioner herein.Within ten days of sanction,the petitioner appointed Dr.C.J.John as the Principal of the College,effective from 20th August 1981 and sought the approval of the University as contemplated under the Calicut University Act and the statutes.The University declined approval on three grounds;

(2.) THIS order,Ext P -4,dated 30th September 1982 is challenged in this writ petition.By an interim order,this court directed the University to provisionally approve the appointment subject to the result of the writ petition and Dr.John has been continuing since then on a provisional basis on the strength of the orders of this Court.

(3.) THE University contends that there was no advertisement for the post as insisted by the Act,that there was no committee constituted as per the statutes for making the selection,that Dr.John who,as Principal,was expected also to teach the students did not have the basic degree in the subject to be taught in the College,for the year 1981 -82,when the appointment was made and thus the appointment was made in flagrant violation of the provisions of the Act and the Statutes.It is also contended that the provisions in the Act and the Statutes prescribing the mode of selection for appointment to the post of Principal of a College are only regulatory in nature,made in the best interests to maintain educational standards and efficiency and there is no violation of Article 30.