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SUPREME COURT OF INDIA
UDAY UMESH LALIT, INDIRA BANERJEE, JJ.
ABDUL HAKEEM M.A. AND OTHERS – APPELLANTS
VERSUS
MAHATMA GANDHI UNIVERSITY AND OTHERS – RESPONDENTS
CIVIL APPEAL NOS. 2388-2389 OF 2019 (ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NOS. 4251-4252 OF 2018) WITH SPECIAL LEAVE PETITION (CIVIL) NOS. 4255-4256 OF 2018
Decided on : 28-02-2019
Facts of Case:
According to appellants, they were appointed against substantive posts created by Resolution of Syndicate of Mahatma Gandhi University scales of pay, through selection processes which were in complete compliance of provisions of concerned University Statutes; and, on completion of one year of service, University declared appellants to have satisfactorily completed their probation. But University refused to implement pay revision to teachers so appointed including appellants describing them as appointed temporarily. This led to filing of O.P. which was allowed by Single Judge of High Court. Division Bench in appeal preferred by University however set aside decision of Single Judge and later, dismissed Review Petitions as well, leading to the filing of present appeals by special leave.
Findings of Court:
It is Resolution of Syndicate which is referred in order passed by University on 25.08.1997 and not Resolution of statutory Finance Committee. Order dated 25.08.1997 also did not qualify posts to be limited for three years. Similarly, document placed on record through written submissions, i.e. Resolution of Syndicate of University passed in meeting dated 22.12.1995 would again have no bearing. That was a Resolution passed when AICTE approval was not yet granted. What is material to consider are steps taken by University after approval was granted, when the posts were created, applications from concerned candidates were invited and individual appointments were made. Those steps do not indicate any qualification or restriction insofar as terms of employment were concerned. We, therefore, do not find anything on record which could substantiate stand taken by University.
Result – Appeals allowed.
JUDGMENT
Uday Umesh Lalit. J.
Special Leave Petition (Civil) Nos. 4251-4252 of 2018
1. Leave granted.
2. The appellants question the judgment and orders passed by the Division Bench of the High Court of Kerala at Ernakulam (i) dated 20.11.2015 in Writ Appeal No. 442 of 2014 arising from Original Petition No. 3818 of 2003 and (ii) dated 20.09.2017 in Review Petition No. 151 of 2016 in Writ Appeal No. 442 of 2014.
3. According to the appellants, they were appointed against substantive posts created by the Resolution of the Syndicate of Mahatma Gandhi University ('the University', for short) at AICTE (:All India Council for Technical Education) scales of pay, through selection processes which were in complete compliance of the provisions of the concerned University Statutes; and, on completion of one year of service, the University declared the appellants to have satisfactorily completed their probation. But the University refused to implement pay revision to the teachers so appointed including the appellants describing them as appointed temporarily. This led to the filing of O.P. No. 3818 of 2003 which was allowed by the Single Judge of the High Court. The Division Bench in appeal preferred by the University however set aside the decision of the Single Judge and later, dismissed Review Petitions as well, leading to the filing of these appeals by special leave.
4. The facts in brief are as under:
A. After having secured conditional approval from the AICTE on 31.05.1996, the Syndicate of the University in its meeting dated 06.07.1996 resolved to start B.Tech courses in certain disciplines. It was further resolved to create posts of teachers at various levels in said disciplines. At the same time, teachers for some of the subjects namely Geometrical drawing, Physics, Chemistry, Mathematics and Humanities were to be engaged on contract/part-time basis. The relevant portion of the Resolution was as under:
"Further resolved to create the following posts at AICTE scales of pay with AICTE qualifications, to be filled up through advertisement.
Sl.
No.
Post
Number
Scale of Pay (in Rs.)
1.
Professor with specialization in any one of the following branches: (Electrical & Electronics Engineering, Electronics & Communication Engineering, Polymer Engineering & Computer Science & Engineering)
1
4500-7300/-
2.
Professor (One each in Electronics & Communication Engineering, Polymer Engineering & Computer Science & Engineering)
3
4500-7300/-
3.
Lecturers (Two each in Electronics & Communication Engineering, Polymer Engineering, Computer Science & Engineering)
6
2200-4000/-
4.
Lecturer in Mathematics
1
2200-4000/-
5.
Workshop Foreman
1
1640-2900/-
6.
Trade Instructors (One each in Foundry, Fitting, Carpentry, Sheet metal, Machine shop)
5
975-1660/-
7.
Tradesman
5
825-1250/-
Teachers in the following allied subjects shall be engaged on contract/part-time basis.
1. Geometrical drawing
2. Physics
3. Chemistry
4. Mathematics
5. Humanities."
B. Accordingly, an order was issued by the University on 10.07.1996 creating posts in terms of said Resolution. The order also dealt with teachers to be appointed on contract/part-time basis in relation to 5 subjects mentioned hereinabove. A Notification was issued on 15.07.1996 inviting applications in prescribed form from qualified candidates inter alia for the posts of teachers under the School of Technology and Applied Sciences in the University. It mentioned that the qualifications for the posts would be same as for similar posts in the Government Aided Engineering Colleges and communal reservations as prescribed in the Statutes would be observed while filling up the posts. Thereafter sanctio
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