Employee terminations in private educational institutions must comply with statutory provisions; arbitrary actions violating the Karnataka Education Act, 1983 are unlawful.

Headnote:(A) Constitution of India - Articles 14, 16(1), and 311 - Service termination and interdepartmental transfer - Writ petitions filed challenging the arbitrary transfer and termination orders issued by a private educational institution. The court held interdepartmental transfers must comply with established norms; unilateral termination without following procedures violates statutory provisions. (Paras 6, 39)

(B) Maintenability of Writ Petitions - Court confirmed maintainability of writ petitions despite private status of educational institution due to public interest element. (Paras 19, 40)

(C) Statutory Compliance - Court emphasized mandatory following of Sections 98 and 99 of Karnataka Education Act, 1983 regarding employee termination processes. (Paras 35, 39)

Facts of the case:
Employees, Assistant Professors at a private technical institute, challenged termination orders stated as due to staff excess. They argued violations of norms and ‘unwholesome’ transfers to departments unrelated to their qualifications.

Findings of Court:
The court ruled that the termination was arbitrary and violated statutory procedure under Karnataka Education Act, ordering reinstatement of employees.

Issues: Key issues included whether a private institution's actions could be subject to judicial scrutiny and if layoffs required adherence to statutory procedures.

Ratio Decidendi: The court found that while private institutions conduct public functions, employees are protected under statutory provisions from arbitrary termination without due process.

Result: Petitioners’ termination ordered to be set aside and they to be reinstated with due benefits.

CAV ORDER

Writ Petition No.30750/2024 is filed challenging an order bearing No.MSRIT/Admin/1300/24-25 dated 11.11.2024 issued by respondent No.6 and declare that the said order is illegal, arbitrary and violative of Articles 14, 16(1) and 311 of the Constitution of India . The petitioner has also sought for a writ in the nature of mandamus directing the respondents not to terminate her and continue her in service as Assistant Professor in Civil Engineering Department at M.S.Ramaiah Institute of Technology, Bengaluru and to release the consequential benefits.

2. Writ Petition No.24786/2024 is filed challenging an order bearing No.MSRIT/Admin/654/24-25 dated 23.07.2024 passed by the respondent No.5 and the order bearing No.MSRIT/Admin/809/24-25 dated 26.08.2024 issued by the respondent No.5 as arbitrary, illegal, malafide and in violation of cadre and recruitment rules and All India Council for Technical Education (AICTE) rules as well as relevant Government orders. She has also sought for a writ in the nature of mandamus to direct the respondents No.4 and 5 to continue her service as Assistant Professor in the Department of Civil Engineering at M.S.Ramaiah Institute of Technology, Bengaluru.

3. Writ Petition No.25511/2024 is filed challenging an order bearing No.MSRIT/Admin/1003/24-25 dated 04.09.2024 issued by respondent No.5 as arbitrary, illegal, malafide and in violation of the cadre and recruitment rules and AICTE rules as well as relevant Government orders. He has also sought for writ in the nature of mandamus directing respondents No.4 and 5 to continue his service as Assistant Professor in the Department of Civil Engineering at M.S.Ramaiah Institute of Technology, Bengaluru.

4. Writ Petition No.30739/2024 is filed challenging order bearing No.MSRIT/Admin/1301/24-25 dated 11.11.2024 issued by respondent No.6 and to quash the order of termination as illegal, arbitrary and violative of Articles 14, 16(1) and 311 of the Constitution of India . He has sought for a writ in the nature of mandamus to direct the respondents not to terminate him and continue him in service as an Assistant Professor in the Department of Civil Engineering at M.S.Ramaiah Institute of Technology, Bengaluru and to release the consequential benefits.

5. (i) Both the petitioners were Assistant Professors on permanent basis in Department of Civil Engineering at M.S.Ramaiah Institute of Technology, Bengaluru. The petitioner in the first two writ petitions claimed that she belonged to scheduled caste and joined services at M.S.Ramaiah Institute of Technology (hereinafter referred to as 'MSRIT') on 14.09.2010 and her probationary period was declared. She claimed that her basic pay scale was reduced arbitrarily and therefore she approached this Court in Writ Petition No.22607/2022. The institute was directed to continue the salary that was paid during November, 2020. In the meanwhile, AICTE norms were notified as per the notification dated 01.03.2019. The petitioner had become the permanent employee of the institute in the department of civil engineering. Nonetheless, the MSRIT transferred her to the department of architecture on 23.07.2024 on the ground that she would be regarded as "excess staff" due to drop in student-teacher ratio. The petitioner contends that she was in no way equipped to teach in the department of Architecture for which separate qualified lecturers were available. She contends that every department including the department of Architecture is required by law to have qualified staff and that her post was non-transferable. She contends that she was not eligible or obliged to teach in the department of architecture. She contends that this violates the norms prescribed by the AICTE. She contends that as per the cadre and recruitment rules of the respondent Nos.6 and 7 and the norms prescribed by AICTE, the post of the Assistant Professor had to be filled up by a qualified person in the same discipline i.e. Architecture. Being aggrieve

Click Here to Read the rest of this document

2025 Supreme(Online)(Kar) 22730

Employee terminations in private educational institutions must comply with statutory provisions; arbitrary actions violating the Karnataka Education Act, 1983 are unlawful.

Cases Referred (1)