IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 1024 of 2007()
1. O.V.USHA,
... Petitioner
Vs
1. THE MAHATMA GANDHI UNIVERSITY,
... Respondent
2. THE SYNDICATE OF THE MAHATMA GANDHI
3. THE VICE-CHANCELLOR,
For Petitioner :SRI.BABU VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/04/2007
O R D E R
P.R.RAMAN & ANTONY DOMINIC, JJ.
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W.A.NO. 1024 OF 2007
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Dated this the 12th day of April, 2007
J U D G M E N T
Raman, J.
The appellant is the petitioner in the writ petition. The
question that arises for consideration is as to whether the
appellant was holding a teacher’s post and whether the
retirement age of the appellant is 60 years instead of 55 years,
which is applicable for non teaching staff. The petitioner was
holding the post of Director, Printing and Publishing Department,
Mahatma Gandhi University. That Department was established
sometimes in 1988 March. The University also accorded sanction
for starting a Post Graduate Diploma Course in Printing and
Publishing in the Department of Printing and Publishing of the
University from 1988-89, as per Ext.P2 produced in the case.
2. According to the petitioner, after the introduction of
the Post Graduate Diploma Course in the said Department, she
has been in charge of the Department and was teaching the
students for Post Graduate Diploma course. However,
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subsequently in 1992, the Post Graduate Diploma course was
discontinued. According to the petitioner, she was selected by a
Committee constituted as per Chapter 3 of the University Statute
as in the case of Professors and other teachers and according to
her this is also a Department of Research and Studies
enumerated in Chapter 42 of the Statute. She also place reliance
on Annexure A1 to show that in the case of Programme
Coordinator, a similar dispute arose, which was directed to be
resolved by the Vice Chancellor and various parameters with
reference to which the issue was examined and finally it was
decided that Programme Coordinators post is a teaching post.
Annexure A2 is an order implementing Annexure A1, whereby the
Programme Coordinator was allowed to continue upto the age of
60 years. Annexures A1 and A2 were produced at the appellate
stage. The age of retirement of the petitioner was held to be 55
years by the University which was subject matter of challenge in
the writ petition. Learned Single Judge found that in the absence
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of materials to show that the appellant/petitioner was imparting
instructions or supervising research and hence a teacher as
defined in Section 2(29) of the Act, no relief could be granted.
Therefore, there is no occasion for this Court to consider the
various aspects which were considered while Annexure A1
decision was taken. The question ultimately as to whether the
post held by the petitioner has to be treated as a teaching post or
not will depend on variety of factors as evidenced by Annexure A1
itself. Therefore, in these circumstances, we feel that it is only
appropriate that the petitioner may file a detailed representation
with supporting materials before the Vice Chancellor of the
Mahatma Gandhi University, the 3rd respondent herein, who after
affording an opportunity to the petitioner for being heard, shall
take a final decision in the matter.
3. In the view we have taken, necessarily, we will have to
vacate the finding of the learned Single Judge on merits. It will be
open to the Vice Chancellor to take an independent decision of
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the matter and communicate the order to the petitioner. Such
decision shall be taken as expeditiously as possible, at any rate
within a period of three months from the date of receipt of the
representation. The representation shall be submitted within two
weeks from today.
Writ appeal is disposed of as above.
P.R.RAMAN, JUDGE.
ANTONY DOMINIC, JUDGE.
Rp