The main legal point established in the judgment is that the relationship between the applicant and the college administration was purely that of master and servant, and there were no statutory provisions entitling the applicant to continue holding the office of Principal.

Headnote:
Art.226 - Master and Servant Relationship - Cochin Devaswom Board - Proclamation II of 1124 - Travancore-Cochin Hindu Religious Institutions Act, 1950 - Ext. P-21 - Violation of Service Conditions - Termination of Services - Statutory Rules - Natural Justice - Malafides
Fact of the Case:

The writ applicant sought to quash an order cancelling his provisional confirmation as Principal of a college and the subsequent appointment of another individual as Principal. The main contention was whether the relationship between the applicant and the respondent was purely that of master and servant or whether the applicant was entitled to continue holding the office of Principal by virtue of statutory provisions.
Finding of the Court:

The court found that the relationship between the applicant and the administration of the college was purely that of master and servant. It held that even if the rules in Ext. P-21 had obtained the status of statutory rules, there were no grounds to interfere with the orders and the appointment of the new Principal. The court also concluded that there was no violation of the principles of natural justice or malafides.
Issues: The main issue was whether the applicant was entitled to continue holding the office of Principal by virtue of statutory provisions or whether the relationship between the applicant and the administration of the college was purely that of master and servant.
Ratio Decidendi: The court relied on the provisions of Proclamation II of 1124, the Travancore-Cochin Hindu Religious Institutions Act, 1950, and Ext. P-21 to determine the nature of the relationship between the applicant and the college administration. It also considered the principles of natural justice and malafides in reaching its decision.
Final Decision: The court dismissed the writ application, finding no grounds to interfere with the orders and the appointment of the new Principal.

Judgment :-

1. The writ applicant seeks to quash Ext. P-17 order dated 20 31964 passed by the Secretary of the Cochin Devaswom Board cancelling the 'Provisional confirmation' of the petitioner as the Principal of the Shri Kerala Varma College, Trichur. He also seeks to set aside Ext. P-18 which is the communication addressed to the petitioner that his provisional confirmation as Principal has been cancelled. By an order on C. M. P. No. 3848 of 1964 the petitioner has been permitted to seek the additional relief to quash the order appointing Shri. V. P. Kannan Nair as the Principal of the College in the place of the petitioner.

2. The main contention raised in opposition to this writ application is that the relationship between the petitioner and the first respondent to this writ application is purely that of master and servant and that no relief can be had by the petitioner in proceedings under Art.226 of the Constitution.

3. The petitioner was the senior most professor in the College. He was 'provisionally confirmed' as Principal by Ext. P-1 order dated 15 61960. It is this order that has been cancelled by Ext. P-17. The effect of this is that the petitioner is reverted as professor.

4. But if the relationship between the petitioner and the first respondent is purely that of master and servant, no relief can be granted by this court in proceedings under Art.226 of the Constitution. This point is not challenged. -Counsel for the petitioner however argued that the petitioner was holding an office, that of a Principal in the College, which he was entitled to continue to hold according to statutory provisions and that in any event the contract of employment is governed by statutory provisions and therefore it is urged, this court can and should interfere by issuing an appropriate writ under Art.226 of the Constitution when either, he has been prevented from holding the office, or when there has been an infringement of the terms of the contract.

5. The question therefore to be determined in this writ application is whether the relationship of the petitioner and the first respondent is purely that of master and servant or whether the petitioner was holding an office which he was entitled to continue to hold by virtue of statutory provisions or whether the contract of employment is governed by statutory provisions.

6. Before dealing with this question,1 may refer to one aspect which was stressed by counsel on behalf of the petitioner. He invited my attention to Ext. P-1 order passed by the first respondent reading as under:

"The Board has been pleased to confirm Sri Rama varma as Principal, Sree Kerala Varma College provisionally with effect from 8 41959.

The principal is requested to make proposals for the subsequent arrangement."

and argued that he had been provisionally confirmed and that the confirmation provisional though, it could be set aside only on one particular event happening. It was pointed out that one Shri. Akhileswara Iyer who was the Principal of the College was suspended on 4121958 and was later dismissed on 8 4 1959. Shri. Akhileswara Iyer had moved writ applications O. P. No. 839 of 1958, and O. P. No. 540 of 1959 respectively against the suspension order and the dismissal order and that the appeals from the orders passed in those original petitions as well as another writ application moved by the said Akhileswara Iyer, O. P. No. 825 of 1959, were disposed of by this Court only by its judgment dated 23121960. The judgment is in Cochin Devaswom Board v. Akhileswara Iyer reported in 1961 KLT. 290. This Court set aside the suspension order as well as the dismissal of the said Akhileswara Iyer. It is urged that the petitioner was confirmed 'provisionally only because of the pendency of these proceedings in court and that therefore the only contingency which would justify the reduction of the petitioner from the rank of the Principal to that of Professor is the return of Shri. Akhileswara Iyer as Principal of the College. Fro

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