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1993 Supreme(Ker) 256
Judges : K.K.USHA
George - Appellant
Versus
State of Kerala - Respondent
Case No : O.P.No. 5919 of 1993
Decided On : 07/16/1993
Advocates Appeared :
P. Santhalingam For Petitioner Govt. Pleader (Mary benjamin ), Babu Varghese, Roy Chacko, Romy Chacko & George Varghese Kannanthanam For Respondents
The main legal point established in the judgment is that any amendment to the rules regarding qualification and method of appointment of similar posts in Government service should not be automatically applied to the non-teaching staff in private colleges.
Headnote:
Interpretation - Mahatma Gandhi University First Statutes 1991 - S.100, S.67, Statute 43, Statute 68 - The court discussed the interpretation of the provisions contained in Statute 68 in Chapter 45 of the Mahatma Gandhi University First Statutes 1991. It also referred to S.100 and S.67 of the Act, as well as Statute 43 regarding the conditions of service of members of non-teaching staff in private colleges. The court highlighted the key legal provisions and their interpretations, emphasizing that any amendment to the rules regarding qualification and method of appointment of similar posts in Government service should not be automatically applied to the non-teaching staff in private colleges. The court's decision was influenced by the interpretation of these provisions, holding that the direction given by the 1st respondent was issued without authority of law.
Fact of the Case:
The petitioner was appointed as a Peon in the college and later sought promotion as a Lower Division Typist. However, a government direction regarding the qualification for the post affected the petitioner's eligibility for promotion. The petitioner challenged the direction, and the 5th respondent also submitted an application for the same position.
Finding of the Court:
The court found that the direction given by the 1st respondent regarding the qualification for the post of Lower Division Typist was issued without authority of law. It held that appointment to the post in private colleges should be made only with reference to the qualifications prescribed under the relevant statutes.
Issues: The main issue was the interpretation of the provisions contained in the Mahatma Gandhi University First Statutes 1991 and whether any amendment to the rules regarding qualification and method of appointment of similar posts in Government service should be automatically applied to the non-teaching staff in private colleges.
Ratio Decidendi: The court's decision was based on the interpretation of the relevant statutes, emphasizing that any amendment to the rules regarding qualification and method of appointment of similar posts in Government service should not be automatically applied to the non-teaching staff in private colleges.
Final Decision: The original petition was allowed, and the court held that appointment to the post of Lower Division Typists in private colleges should be made only with reference to the qualifications prescribed under the relevant statutes.
Interpretation of the provisions contained in Statute 68 in Chapter 45 of the Mahatma Gandhi University First Statutes 1991 is the issue, arising in this original petition. The M.G. University First Statutes 1991 was issued on 8-2-1991 by the Government of Kerala in exercise of its powers conferred by sub-section (1) of S.100 of the Mahatma Gandhi University Act 1985 (12 of 1985). S.100 reads as follows: -
"100. First Statutes and Ordinances: - (1) Notwithstanding anything contained in this Act, the first Statutes and the first Ordinances of the University shall be made by' Government in consultation with the University Grants Commission, within a period of one year from the date of commencement of the Mahatma Gandhi University (Amendment) Act, 1988. (2) Every first Statute and every first Ordinance made under this section shall be laid " as soon as it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the first Statute or the first Ordinance, as the case may be or decides that the first Statute or as the case may be, the first Ordinance should not be made, the first Statute or the first Ordinance, as the case may be shall thereupon have effect only in such modified form or be of no effect, as the case may be; so however that no such modification or annulment shall be without prejudice to the validity of anything previously done under the first Statute or the first Ordinance."
Section 67 of the Act provides that method of appointment, pay and other conditions of service of the non-teaching staff of private colleges shall be such as may be prescribed by the Statutes. Chapter 45 of the Mahatma Gandhi University First Statutes 1991 contains the provisions regarding conditions of service of members of non-teaching staff in private colleges. Statute 43 under Chapter 45 lays down the qualification for appointment to the post of various categories of non-teaching staff in private colleges. In respect of appointment to the post of L.D. Typist, following are the qualifications prescribed: -
"S.S.L.C. with Typewriting (lower) provided that the non-clerical staff (Attenders, Peons) etc. excluding the technical staff like Laboratory Staff and Library Staff of the Private Arts, Science and Training Colleges who are fully qualified and who are in regular permanent service or have put in three years of continuous service after the commencement of these Statutes shall be promoted as Lower Division Typists against future vacancies arising in private Arts, Science and Training Colleges."
2. The petitioner was appointed as a Peon in the college of the 4th respondent in the year 1971 and he was later promoted as Laboratory Attender. It is contended by the petitioner that he is fully qualified to be promoted to the post of L.D.Typist in accordance with.-the qualifications prescribed under Statute 43. Even though he was originally considered for promotion, the petitioner alleges that later the proposal was dropped in the light of the directions given by the 1st respondent under Ext.P2. By Ext.P 1 order dated 5-8-92, acquisition of Malayalam Typewriting Lower Grade Certificate (KGTE) was made a compulsory qualification for appointment to the post of Typists and Confidential Assistants in Government service. It is not known whether the above Government order was followed by an amendment to the Special Rules and if so, the date of coming into force of the amendment to the Special Rules. In any view of the matter by Ext.P2 clarification, the Government gave a direction that the amendment as contained inExt.P1 would be applicable in the matter of appointment of non-teaching staff of all private colleges affiliated to the Kerala, Calicut and Mahatma Gandhi Universities. In the light of
