THE MANAGER, ST. JOSEPHS TRAINING COLLEGE FOR WOMEN AND ANR. Vs. THE UNIVERSITY APPELLATE TRIBUNAL AND ORS.

JUDGEMENT

(1.) AN important question relating to the constitutional validity of Sections 60(7) and 61 of the Kerala University Act, 1974 (hereinafter called the Act) in relation to their applicability to educational institutions established and administered by a religious minority entitled to the protection of Article 30(1) of the Constitution of India is raised in this batch of connected cases, which arise out of diverse proceedings between the same parties. In Benedict Mar Gregorios v. State of Kerala and Ors., 1976 K.L.T. 458 (F.B.) a Full Bench of this Court had occasion to examine the validity of several of the provisions contained in the Act inclusive of Sections 60 and 61. The Full Bench upheld the constitutionality of Sections 60 and 61 observing that those provisions did not appear to be in any way offensive and "little was said against their validity". The writ Petitioners in these cases contend that the said decision requires reconsideration in the light of the recent pronouncement of the Supreme Court in Lilly Kurian v. Sr. Lewina and Ors. : A.I.R. 1979 S.C. 52. In view of the said contention urged on behalf of the Petitioners those cases have been placed before this larger Bench.

(2.) IT is necessary to briefly state at the outset the facts that have led upto the institution of these petitions. The St. Joseph's Training College for Women, Ernakulam is an educational institution established by a religious Congregation of Nuns -Mothers of Carmel -the members of which belong to the Roman Catholic Church. It is clearly an educational institution established and administered by a religious minority entitled to the protection of Article 30(1) of the Constitution. The College is affiliated to the University of Kerala.

(3.) SUBSEQUENTLY , a separate disciplinary proceeding was started by the managing board against the Respondent -principal on the ground of its having been brought to light that without any reference to the management the Respondent -principal had sent two communications dated 6th October 1969 and 5th November 1969 to the Secretary to Government, Education Department, requesting for termination of the deputation of Sri Rajaratnam, as a result of which the deputation of Sri Rajaratnam was cancelled by the Government on 9th December 1969. The managing board viewed the sending of these communications by the Respondent -principal behind its back as an act of in subordination and it was in respect of this charge that the fresh disciplinary proceedings were initiated, pending the completion of the said disciplinary proceeding the managing board placed the Respondent -principal under suspension as per an order dated 10th April 1970 and appointed one Sr. Lewina as substitute Principal to take over charge from the Respondent -principal. On 13th April 1970 the Respondent -principal filed an appeal before the Vice -Chancellor challenging the order of suspension and moved for the grant of a stay. The Vice -Chancellor by his order dated 20th April 1970 issued a direction to the management that the status quo should be maintained. Apparently apprehending that on the strength of the said order the Respondent -principal might force her entry into the College claiming that she was entitled to function as Principal, the substitute Principal, Sr. Lewina, filed O.S. No. 405 of 1970 in the Munsiff's Court, Ernakulam praying for a declaration that she is the lawful incumbent of the office of the Principal and also for a permanent injunction restraining the Respondent -principal from entering the College and interfering with the discharge of duties of the Principal by the Plaintiff. An ex parte temporary injunction was granted in that suit on 2nd July 1970. The management of the College also filed a suit - O.S. No. 110 of 1970 - in the Subordinate Judge's Court, Ernakulam praying for a declaration that the Respondent -principal had ceased to be the Principal of the College and for a permanent injunction restraining her from entering the College, etc. On 19th October 1970 the Vice -Chancellor allowed the two appeals filed by the Respondent -principal holding that the order dated 2nd January 1970 passed by the managing board dismissing the Respondent -principal from service as well as the subsequent order of the Board dated 10th April 1970 placing the Respondent -principal under suspension were both illegal, null and void in as much as they were passed in violation of the principles of natural justice. While setting aside the two orders the Vice -Chancellor also directed the management to allow the Respondent -principal to function as the Principal of the College. However, before these orders passed by the Vice -Chancellor were communicated to the management the management had instituted O.S. No. 110 of 1970 referred to supra and obtained an order of temporary injunction from the Munsiff's Court, Ernakulam. While that order of injunction was in force the Respondent -principal wrote a letter to the Superintendent of Post Offices, Ernakulam informing the latter that she was the lawful holder of the office of the Principal of the College and requesting that all letters and other postal articles addressed to the Principal should be delivered to her at her residence. Consequent thereon instructions are said to have been issued by the Superintendent of Post Offices to deliver all such letters and communications to the Respondent -principal. On the ground that this had led to serious difficulties in the working of the College, the substitute Principal Sr. Lewina filed another suit in the Munsiff's Court, Ernakulam on 22nd July 1972 - O.S. No. 569 of 1972 - impleading the postal authorities as well as the Respondent -principal as the Defendants. The prayer in that suit was to restrain the Superintendent of Post Offices from delivering to the Respondent -principal letters and other postal articles addressed to the Principal of the College. All the three suits pending in the Munsiff's Court, Ernakulam were subsequently transferred to the 1st Additional Sub Court, Ernakulam for joint trial along with O.S. No 110 of 1970 which was pending in that Court.