Judgment

RAY, J. :- The respondent, Rev. Fr. Paul Petta was appointed as Principal of St. Anthonys College by Salesian Provincial on April 16, 1982 and on the recommendation of the Governing Body of the College, the Director of Public Instruction, Meghalaya, Shillong accorded approval to his appointment with effect from 1st May, 1982. St. Anthonys College was established by Salesian Congregation, a Catholic Religious Society for imparting general eduction. It is a religious minority institution under Art. 30 of the Constitution of India and it is receiving Government grants-in-aid since the scheme of deficit grant-in-aid to colleges was introduced by the Government of Assam in 1959. After creation of Meghalaya it has been receiving grants-in-aid under the same system as adopted by the Government of Meghalaya. By Memo No. EDN. 75/74/280 dated 4th Nov. 1976, the Government of Meghalaya. Education Department conveyed to the Director of Public Instruction, the sanction of the Governor of Meghalaya to the implementation of the U.G.C. scales of pay, as indicated thereunder to all the deficit college teachers including the Principals, Professors in the State with effect from lst April, 1975. By Memo No. EDN. 75/74/51 dated Dec. 7, 1979 the Government of Meghalaya laid down the procedure for appointment of Principals, Vice-Principals and Lecturers and other staff in Religious Minority Colleges in the State with reference to Art. 30 of the Constitution. Paragraph I which is relevant is quoted below : -

"In the matter of appointment of Principals and Vice-Principals in the colleges belonging to the religious minorities, the Governed Body of the College concerned shall select a Principal and Vice-Principal from a panel of names submitted by the sponsoring Church Organisation concerned, subject to the condition that the educational qualifications of the persons selected shall be in accordance with the conditions laid down in the Governments letter No. EDN. 75/74/280 dated 4-11-76. Other conditions in respect of age of superannuation etc. shall be as prescribed by the State Government from time to time."

2. The respondent after his appointment had been working as Principal of the College, While working as such, differences arose between him and the church authorities more particularly the appellants Nos. 2, 3, and 4 i.e. the President and the members of the Governing Body of the College regarding certain matters relating to the management of the college.

3. On Dec. 14, 1985, Fr. John Kalapura, SDE, the Appellant No. 2, President, Governing Body of St. Anthonys College and Salesian Provincial sent a letter to the respondent intimating him of his transfer from the post of Principal of the College. The letter states : -

"After due consultation with the Provincial Council I am transferring you from the post of Principal of St. Anthonys College, Shillong and am appointing Rev. Fr. J. Kenny as Acting Principal of the same college with effect from 21-12-85.

Kindly hand over the charge to Rev. Fr. J. Kenny by 21st Dec. 1985."

4. On receiving the said letter the respondent on that very day sent a letter to the appellant No. 2 stating that he had no authority to appoint or dismiss or transfer the Principal of the College as the Principals and Vice-Principals in the College belonging to the minorities are to be selected by the Governing Body and to be approved by the Director of Public Instruction in accordance with Government Instruction mentioned in its letter dated Dec. 7, 1979. The respondent sent a letter to the Director of Public Instruction (in short D.P.I.) intimating that he had been removed from the Principalship of St. Anthonys College by the appellant No. 2, the Salesian provincial of Gauhati Province and Rev. Fr. Kenny had been appointed as the Acting Principal and requested him to intimate if the Government has given any power to Sponsoring Authority for St. Anthonys College in contravention of the Memo dated Dec. 7, 1979. The D. P.I. has info