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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
Centre For Professional & Advanced Studies School Of Medical Education – Appellant
Versus
Bindu K. – Respondent
| Table of Content |
|---|
| 1. context of employment contracts and subsequent termination. (Para 1 , 2 , 3) |
| 2. termination validity based on qualifications and contract terms. (Para 5 , 7 , 8 , 12 , 16) |
| 3. court's conclusion regarding the absence of stigmatic termination. (Para 17) |
JUDGMENT :
Muralee Krishna, J.
Respondents 3 and 4 in W.P.(C)No.32631 of 2022 filed this writ appeal under section 5(i) of the Kerala High Court Act , 1958, challenging the judgment dated 05.12.2022 passed by the learned Single Judge in that writ petition.
2. The 1st respondent was selected and appointed to the post of Lecturer in Mahatma Gandhi University (the ‘M.G. University’, in short) and her appointment was approved by Ext.P1 order dated 15.04.2004. The Government, vide order dated 06.04.2017, approved the Memorandum of Association, Rules and Regulations for the establishment of the 1st appellant Centre for Professional and Advanced Studies (‘CPAS’, in short), which is a Society registered under the Travancore and Cochin Literary Scientific and Charitable Societies Act. The M.G. University resolved to accept the order constituting the 1st appellant Society and, in it’s syndicate meeting dated 17.07.2017, further res
Court ruled that contract employees can be terminated based on qualifications without a stigmatic implication if contract terms are followed.
The main legal point established is the requirement of adherence to the principles of natural justice, including providing an opportunity of hearing, in termination proceedings, and the applicability....
The judgment establishes the importance of contractual compliance, including the submission of mandatory qualifications and adherence to prescribed dispute resolution processes, in employment dispute....
The main legal point established in the judgment is that actions of legal malice, such as terminating employees for oblique purposes, are not permissible. The court affirmed the rights of the appella....
The government is liable to disburse salary only for appointments made against posts sanctioned by it, emphasizing the necessity of workload assessment for faculty appointments.
Termination without due process violates natural justice; confirmed employees must be given an opportunity to present their case per established service rules.
Termination of a probationer must follow prescribed procedures; failure to do so renders the termination illegal and potentially stigmatic.
Timely submission of academic qualifications and publications is essential for faculty promotions under UGC regulations; delays in challenges to university decisions can invalidate claims.
Probationary employees possess statutory protections and cannot be terminated without following prescribed procedures under the governing statute, which mandates documented grounds for unsuitability ....
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