PHILOMENA Y Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioner was the Principal of St. Ann's College for Women, Mehdipatnam. She was also correspondent of other colleges of the St. Ann's Convent Society. By order dated 15th and 16th September, 1993, the 16th respondent acting through the 10th respondent, placed the petitioner under suspension from the post of Principal in the former and as correspondent in the latter order. Petitioner Challenges those orders. The reliefs which she seeks in the Writ Petition are -

(2.) All these reliefs emanated from transfer of the petitioner from the post of Principal of the St. Ann's College for Women, Mehdipatnam to St. Ann's Convent Society, Mehdipatnam. That transfer was assailed in W.P. No.7412/92, which the petitioner had filed on 18-6-1992. A learned single Judge of this Court dismissed the same on 22-6-92. Petitioner filed an appeal, which was numbered as Writ Appeal No.612/92. That appeal was allowed by a Division Bench of this Court of which I was a member, by judgment dated 10-8-1992. Leave to appeal to the Supreme Court was rejected. However, this Court directed that status quo as on that date should be maintained for six weeks so as to enable the respondent to file an appeal before the Supreme Court. The Special Leave Petition filed against that Judgment was dismissed by the Supreme Court on 21-9-1992, with the result that the Judgment dt.10-8-92 in W.A. No.612/92 became final. Respondents filed a Review Petition before the Supreme Court, which was dismissed on 4-11-1992. In the mean time, respondents 7 to 14 caused a notice dt.4-7-1992 to be brought into being, under which, one of the subjects for consideration at the general body meeting porposed to be held on 30-7-1992 was certain undesirable activities of the petitioner as Secretary of the Society and Correspondent and Principal of St. Ann's College for Women, Mehdipatnam, Hyderabad. After the Writ Petition was allowed setting aside the order of transfer on the ground that it was not issued by a competent authority, the 10th respondent, allegedly acting on behalf of the management of St. Ann's Convent Society, passed the impugned orders dt.15-9-1992 and 16-9-1992.

(3.) Petitioner filed O.S. 4030/92 on the file of the VI Assistant Judge, City Civil Court, Hyderabad on 22-10-1992 seeking a declaration that the said orders were illegal. In LA. 1603/92, she prayed for an injunction to stay the proposed disciplinary enquiry scheduled to be held on 25-10-1992. The trial Court on 23-10-1992 passed an order of ad interim injunction as prayed for. Respondents filed C.M.A.318/92 before the Chief Judge, City Civil Court, Hyderabad. On 6-11-1992 the Chief Judge, dismissed the aboe C.M.A. on merits, and directed the VI Assistant Judge, to dispose of I.A.Nos.1603 and 1604 of 1992. Respondents 7 to 10 filed C.R.P. 3755/92 against the order in C.M.A.318/92 on 18-12-1992. They subsequently withdrew the C.R.P. and the same was dismissed, with the result that the order in C.M.A. 318/92 became final. The order of injunction issued by the VI Assistant Judge also continued pursuant thereto. In O.S. 4030/92, petitioner had raised a contention that the association of persons who were alleged to have issued the orders of suspension dated 15th and 16th of September, 1992, was not the duly constituted management of the Colleges and therefore it had no jurisdiction to pass any order of suspension. It was on prima facie acceptance of that submission that the VI Assistant Judge, passed the ad interim order of injunction.