NDLI: Lilly Kurian Vs. Sr. Lewina and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India-Article 30(1)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Constitution of India - Article 30(1) - Scope ambit and nature of right of linguistic and religious minorities - Whether regulatory restrictions can be imposed - What are the limits - Interference with right to appoint and dismiss - teaching and other staff - Whether providing a right of appeal-against dismissal permissible.The Appellarit was appointed as Principal of the St. Joseph Training College for Women, Ernakulam in the Year 1957. In October 1969, there was an unfortunate incident between the Appellant and one Rajaratnam a lecturer of the College placed on deputation by the Government. On the basis of a complaint by Rajaratnam, the Managing Board initiated disciplinary proceedings against the Appellant and appointed a retired Principal of a College to be an Inquiry Officer. The Appellant did not participate in the proceedings. The Inquiry Officer held the Appellant guilty of misconduct. A show cause notice was given to the Appellant. The Appellant however, filed a suit challenging the validity of the proceedings. An interim injunction was issued by the! Civil Court restraining the management from implementing the decision, if any, taken in the meeting. The Managing Board after due notice to the Appellant found that the charges of misconduct were proved. Subsequently, the Court held that the dismissal of the Appellant was legal and proper. During this period the Appellant was functioning as a Principal and had sent two communications to the Secretary to the Government calling for termination of deputation of Rajaratnam. The Managing Board viewed the sending of these communications by the Appellant without reference to it as an act of insubordination, and therefore, decided to conduct inquiry against the Appellant and she was suspended pending inquiry. A substitute Principal was appointed. The Appellant filed an appeal against the order of suspension and the Vice-Chancellor directed that the statusquo be maintained. The substitute Principal filed a suit for an injunction restraining the appellant from functioning or interfering with the discharge of duties of the substitute Principal which was granted by the Munsif. The Vice-Chancellor by his orders held that the orders of dismissal and suspension passed against the Appellant were in breach of natural justice and fair play and were consequently illegal, null and void. He therefore, directed the Management to allow the Appellant to function as Principal. The KeraIa University Act, 1957 was enacted to reconstitute the University of Travancore into a teaching University for the whole of the State of Kerala. The definition of "teacher" in section 2(j) of the Act is wide enough to take in a Principal. Section 19 empowers the Syndicate to make ordinances fixing the conditions of service of teachers. The Kerala University Act 1957 was repealed by the Kerala University Act, 1969. The earlier ordinances have been saved and continued under the new Act. Ordinance 33 provides for an appeal to the Vice-Chancellor against any order passed by the Management in respect of the penalties including penalty of dismissal.The Management filed a suit in the Munsif's Court. The substitute Principal also filed a further suit against the Appellant and the postal authorities for prohibiting the postal authorities from delivering and the Appellant from receiving the articles addressed to the Principal of the College.The Trial Court dismissed the suits holding that the Appellate power conferred on the Vice Chancellor by ordinance framed by the Syndicate was a valid conferment of power and even after the commencement of the Kerala University Act, 1969, both the Vice-Chancellor and Syndicate had concurrent powers of Appeal. It, therefore, upheld the orders of the Vice-Chancellor directing reinstatement of the Appellant in service. On appeal the District Judge held that the orders of the Vice-Chancellor were perfectly valid and with jurisdiction and that his direction to the Management to continue the Appellant as Principal was legal. The Kerala High Court reversed the judgment of the Courts below holding that the conferment by the Syndicate of the right to appeal to a teacher against the order of dismissal from service to the Vice-Chancellor cannot be said to be in excess of the permissible limits of the power to prescribe the duties and conditions of service of teachers in private colleges in terms of s. 19(j) of the Kerala University Act, 1957, and the provisions for a right to appeal were not violative of the rights guaranteed to the reiigious minorities under Artice 30(1) and were, therefore, valid. According to the High Court although the Vice Chancellor had the power to hear an appeal against an order of dismissal he did not have expressly or impliedly, the power to order reinstatement or even to grant a declaration that the services of the appellant bad been wrongly terminated. It was held that a statutory tribunal like Vice-Chancellor could not grant such a relief as the same would amount to specifically enforcing the contract of service.
Judge	Hon'ble Mr. Justice A.P. Sen
Neutral Citation	1978 INSC 175
Petitioner	Lilly Kurian
Respondent	Sr. Lewina And Ors.
SCR	[1979] 1 S.C.R. 820
Judgement Date	1978-09-15
Case Number	728-730

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Lilly Kurian Vs. Sr. Lewina and Ors.

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Lilly Kurian Vs. Sr. Lewina and Ors.

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