PRAVATI BASTIA Vs. MANAGEMENT OF CHOUDWAR COLLEGE

JUDGEMENT

(1.) MAN is a political animal, said Aristotle in Politics I. If that be so, is Rule 11(1) (f) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (in short 'the Rules') prohibiting the employees from being members of the political or communal party intra vires, questions the petitioner. Additionally it is submitted, merely because she contested election as independent candidate can she be termed a member of the political or communal party, to warrant action by opp. party No. 1 - -Institution (Management of Choudwar College).

(2.) ACCORDING to the petitioner, she was appointed as a lecturer in Education Department of the College in the year 1986. She was placed under suspension on 28 -2 -1990 on the allegation that by contesting the general election to the Orissa State Legislative Assembly from Athgarh Assembly Constituency, she committed a misconduct in terms of Rule 11(1)(f) of the Rules. A disciplinary proceeding was initiated asking her to show cause and subsequently she has been visited with an order of dismissal. The petitioner has alleged several acts of violation of principles of natural justice, non -application of mind and mala fides. The management has justified its action in stating that though the petitioner contested the election as an independent candidate that shows her political leanings, thoughts. No hair -splitting can be done to take her out of the ambit of Rule 11(1)(f). The allegations of violation of principles of natural justice and mala fides have also been stoutly denied.

(3.) IN the parliamentary form of democracy, the essential feature is rule by the majority. The Parliament consists of the elected representatives of the people. For effective functioning of the Parliament and governance of country, political parties are not only a reality but dispensable. (See Prakash Singh Badal and Ors. v. Union of India and Ors. : AIR 1987 Punjab and Haryana 263). The importance of political parties was recognised by the Supreme Court in Kanhiya Lal Omar v. R. K. Trivedi; AIR 1986 SC 111. It was observed that till recently the Constitution did not expressly refer to the existence of political parties. But their existence is implicit in the nature of democratic form of Government, which our country has adopted. It was also observed that it is no doubt a paradox that while the country as a whole yields to no other in its corporate sense of unity and continuity, the working parts of its political system are so organised on party basis, in other words, 'on systematized differences unresolved conflicts.'