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HIGH COURT OF CALCUTTA
SINHA, J.
Ena Ghosh - Appellant
Versus
State Of West Bengal - Respondent
Decided on : Feb 23, 1962
CONSTITUTIONAL LAW - ARTICLE 311 - CIVIL POST UNDER THE STATE - SPONSORED COLLEGE - EMPLOYEES OF SPONSORED COLLEGE NOT CIVIL SERVANTS - TERMINATION OF SERVICE - NO VIOLATION OF ARTICLE 311.
Fact of the Case:
The petitioner was appointed as the Vice-Principal of Sarojini Naidu College for Women, Dum Dum, a Government-sponsored college. Her appointment was initially for six months, which was later extended from time to time. Before the expiry of the extended period, the Governing Body of the college constituted a committee to report on the desirability of continuing the petitioner's services. The petitioner was not informed of the constitution of the committee or the charges preferred against her. Upon the recommendation of the committee, the Governing Body resolved to terminate the petitioner's services from a specified date. The petitioner challenged the termination of her services, contending that she held a civil post under the State and was entitled to the constitutional guarantees under Article 311 of the Constitution.
Finding of the Court:
The court held that the petitioner did not hold a civil post under the State and was not entitled to the constitutional guarantees under Article 311 of the Constitution. The court found that the Sarojini Naidu College for Women, Dum Dum, was a sponsored college, which was set up with the assistance of the Government for the purpose of relieving congestion in existing colleges and providing educational facilities for refugees and displaced persons from East Pakistan. The court held that the college was not a department of the State or its delegate or agent, and that the petitioner was not a Government servant. The court also held that the termination of the petitioner's services was not by way of penalty, and that she was not entitled to a hearing before the committee constituted by the Governing Body.
Issues: 1. Whether the petitioner held a civil post under the State and was entitled to the constitutional guarantees under Article 311 of the Constitution. 2. Whether the termination of the petitioner's services was by way of penalty, and whether she was entitled to a hearing before the committee constituted by the Governing Body.
Ratio Decidendi: 1. The court held that the petitioner did not hold a civil post under the State and was not entitled to the constitutional guarantees under Article 311 of the Constitution. The court found that the Sarojini Naidu College for Women, Dum Dum, was a sponsored college, which was set up with the assistance of the Government for the purpose of relieving congestion in existing colleges and providing educational facilities for refugees and displaced persons from East Pakistan. The court held that the college was not a department of the State or its delegate or agent, and that the petitioner was not a Government servant. 2. The court held that the termination of the petitioner's services was not by way of penalty, and that she was not entitled to a hearing before the committee constituted by the Governing Body. The court found that the petitioner's appointment was for a temporary period, which had expired. The court held that upon the expiry of the period, the petitioner's services automatically came to an end, and that there was no necessity of terminating the same.
Final Decision: The court dismissed the petitioner's application, holding that she was not entitled to the constitutional guarantees under Article 311 of the Constitution and that the termination of her services was not by way of penalty.
1. THE facts in this case are shortly as follows: this application is in respect of the termination of the services of the petitioner as the Vice-Principal of Sarojini naidu College for Women, Dum Dum, which is a Government-sponsored College. In order to appreciate the facts of this case, it would be necessary to go a little further back than her appointment as the Vice-Principal of the said college. Sometime prior to the 6th May, 1959 the petitioner applied for the post of a Principal of a Government-sponsored college. On that date a letter was issued by the Director of Public Instruction, West Bengal, asking her to appear before the Central Selection Committee, appointed for the purpose of selecting candidates for such posts. She was selected by the said committee for appointment as a Principal in a sponsored women's college and on the 9th July, 1959 the Director of Public Instruction, West Bengal, wrote to the President of the Governing Body, Vivekananda College, Barisha that she may be appointed as a principal of that college. On the 14th July, 1959 a letter of appointment was issued to her by the Secretary of the said college. She was to remain on probation for one year from the date of joining. She joined the post on the 1st September, 1959. On the 25th July, 1960 she tendered her resignation. On the 26th July, 1960 she was informed that her appointment as Principal was not going to be confirmed and she was given one month's notice. Perhaps these two letters crossed each other and on the 28th July, 1960 her Letter of resignation was accepted. On the 17th September, 1960 the Director of Public Instruction, West Bengal, wrote to the Principal of Sarojini Naidu College for Women, Dum Dum, inter alia, as follows:-
"I beg to state that steps may be taken to let Sm. Ena Ghosh to join immediately on a temporary basis for a period of six months on such terms and conditions as will be fixed by Government, a communication on which will follow soon. "
2. ON the 23rd September, 1960 the Governing Body of Sarojini Naidu College for Women, Dum Dum, instructed the Principal of the said college to allow the petitioner to join the said college as Vice-Principal, on a temporary basis for six months, on such terms and conditions as will be fixed by Government as soon as the Vice-Principal's post was vacated. On the 24th September, 1960 the petitioner wrote the following letter to the Principal of the said College:-
"I have seen the letter of the Director of Public Instruction, West Bengal, No. 2952-C of the 17th September, 1960, asking you to take steps so that I may join as Vice-Principal of the Sarojini Naidu College for Women, Dum Dum, immediately vice Sm. Leila Mahmood, on a temporary basis for six months on such terms and conditions as will be fixed by Government. I shall accept such terms and conditions as will be fixed by the Government. I shall be glad if you will allow me to join today, the 24th September, 1960."
On the 24th September, 1960 she joined the said post. On the 28th February, 1961 the Deputy Secretary to the Government of West Bengal in its Education Department wrote to the Director of Public Instruction, West Bengal, that the Governor had been pleased to approve of the appointment of the petitioner as Vice-Principal of Sarojini Naidu College for Women (sponsored) on the higher initial pay of Rs. 600/-P. M. in the scale of Rs. 500-25-750/-plus usual dearness allowance, with effect from the date of joining the college. Before the term of service of the petitioner had expired on the 23rd March, 1961 the Governing Body at its meeting held on the 9th March, 1961 constituted a committee to report about the desirability or otherwise of the continuance of the services of the petitioner as the Vice-Principal. Pending the consideration by the Committee, the petitioner's services were extended up to 31st May, 1961. On or about the 29th May, 1961 the petitioner was informed that the Governing Body had again extended the per
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