R SUBHADRA DEVI Vs. ANDHRA GIRLS COLLEGE

JUDGEMENT

(1.) Mr. Chowdary, the learned Counsel appearing for the appellant, contended that, on account of the Govsrnment's involvement by granting financial aid to the Andhra Girls' College, Khammam, it has become an instrumentality of the State within the ambit of Article 12 of the Constitution and that, therefore there is no bar to issue a writ in the nature of certiorari or any other appropriate wit or order or direction regarding the relief prayed for by the appellant.

(2.) The facts necessary for the disposal of this writ appeal are these; The appellant, Subhadra Devi, was appointed as an Assistant Lecturer (Economics)in the Andhra Girls' College, Khammam, on a temporary basis subject to confirmation and approval by the Osmania University. The appointment was initially made for one year 1967-68, as she was not qualified to hold the post of an Assistant Lecturer, unless she passed in second division the M.A. Degree Examination. Since she had obtained only a pass in third division, she was asked to qualify herself appearing once again for the M.A. Degree Examination, so that she may obtain a second or first division. This communication from the University was in supersession of its earlier proceedings dated 23rd November, 1968 exempting her from possessing the required minimum post graduate qualification i.e., second class with 50 per cent, marks. Since the exemption granted to her earlier by the University was cancelled by the University by its later proceedings dated and January, 1969 without affording an opportunity to her before cancelling the exemption given to her, she filed W.P.No.3793 of 1969, which was later allowed by the Court. Meanwhile, the prudent of Andhra Girls' College issued the immugned proceedings dated 23rd November, 1969 terminating her services for the reasons recorded therein. The reasons given in the impugned proceedings ate that she was appointed purely on a temporary basis subject to the approval of the University that she had failed to appear and qualify herself for appointment as required by the University rules or regulations; that her work was not satisfactory; that she was habituated to go on leave piecemeal even without getting the leave sanctioned; and that, therefore, the governing body of the College, at its meeting held on I4th October, 1969, resolved to terminate her services with immediate effect and appoint a duly-qualified candidate in her place. It is her case that the action taken is mala fide and that the grounds mentioned in the impugned proceedings are wholly extraneous and none of them is true. She, therefore, movfd this Court under Article 226 of the Constitution for the reliefs referred to in the writ petition.

(3.) The Secretary of the College, in his counter-affidavit, contended inter alia that the petitioner was originally appointed as a Tutor and later promoted temporarily as an Assistant Lecturer subject to the approval of the University. The University informed the management that the appointment was approved for the year 1967-68 subject to the condition that she should appear for the M. A. Degree Examination and secure a higher division and that she was specifically told that there could be no relaxation of the rules and that her appointment was made purely on a temporary basis and terminable at any time without notice. The University approved her appointment only temporarily subject to her being qualified to held the post. She was not a Government servant when she joined the Andhra Girls' College at Khammam, as she had resigned her post in the Government Women's College at Chirala on 14th October, 1966. She was a new entrant into service and she was appointed on a temporary basis and, therefore, she has no rigt to question the order terminating her services. In short, it is the case of the management that the College being a private educational institution, it is entitled to appoint its own staff and the conditions of service are governed by the terms of the contract and that the management was justified in terminating her services for the reasons recorded in the impugned proceedings.