{"id":49168,"date":"1988-08-18T00:00:00","date_gmt":"1988-08-17T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/governing-body-st-anthonys-vs-rev-fr-paul-petta-of-shillong-on-18-august-1988"},"modified":"2015-12-15T18:03:32","modified_gmt":"2015-12-15T12:33:32","slug":"governing-body-st-anthonys-vs-rev-fr-paul-petta-of-shillong-on-18-august-1988","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/governing-body-st-anthonys-vs-rev-fr-paul-petta-of-shillong-on-18-august-1988","title":{"rendered":"Governing Body, St. Anthony’S … vs Rev. Fr. Paul Petta Of Shillong … on 18 August, 1988"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Governing Body, St. Anthony’S … vs Rev. Fr. Paul Petta Of Shillong … on 18 August, 1988<\/div>\n
Equivalent citations: 1988 AIR 2005, \t\t 1988 SCR Supl. (2) 507<\/div>\n
Author: B Ray<\/div>\n
Bench: Ray, B.C. (J)<\/div>\n
           PETITIONER:\nGOVERNING BODY, ST. ANTHONY'S COLLEGE,SHILLONG & ORS.\n\n\tVs.\n\nRESPONDENT:\nREV. FR. PAUL PETTA OF SHILLONG EASTKHASl HILLS.\n\nDATE OF JUDGMENT18\/08\/1988\n\nBENCH:\nRAY, B.C. (J)\nBENCH:\nRAY, B.C. (J)\nTHAKKAR, M.P. (J)\n\nCITATION:\n 1988 AIR 2005\t\t  1988 SCR  Supl. (2) 507\n 1988 SCC  Supl.  676\t  JT 1988 (3)\t531\n 1988 SCALE  (2)526\n\n\nACT:\n    St.\t      Anthony's\t      College-Whether\t    Salesian\nProvincial\/President  of the Governing Body of\tthe  College\ncould  order transfer of the Principal of the  College\t  or\nwhether\t the  governing Body could pass such  an  order\t  of\ntransfer-Whether  an opportunity of hearing was to be  given\nto  the\t Principal  to\tshow  cause  against  the   proposed\ntransfer.\n\n\n\nHEADNOTE:\n    The\t respondent  had  been appointed  Principal  of\t St.\nAnthony's College by Salesian Provincial and his appointment\nhad  been  approved by the Director  of\t Public\t Instruction\n(D.P.I.) on the recommendation of  the governing body of the\nCollege.  Due to differences between the Principal  and\t the\nChurch authorities, and particularly, the appellants Nos  2,\n3 and 4, i.e. the President and the members of the governing\nbody  of the College, the appellant No. 2, the President  of\nthe governing body and the Salesian Provincial intimated  to\nthe respondent of his transfer from the post of Principal of\nthe College. The respondent contended that the appellant No.\n2  had\tno authority to appoint or dismiss or  transfer\t the\nPrincipal,  as\tthe Principal of the  College  belonging  to\nminorities  was to be selected by the governing body and  to\nbe approved by the D.P.I. in accordance with the  government\ninstructions  contained in its Memo dated December 7,  1979.\nBut  the  Salesian  Provincial proposed\t another  person  as\nPrincipal,  to\twhich  the governing  body  agreed  and\t his\nappointment was approved by the D.P.I. The respondent  filed\na  writ\t petition  in the High Court,  contending  that\t the\nSalesian Provincial had no power to transfer him, as he\t had\nbeen  appointed\t Principal  by the  governing  body  of\t the\nCollege\t with  the  approval  of  the  D.P.I.,\tand  so\t the\nGoverning  Body\t with  the approval1  of  the  D.P.I.  could\ntransfer  him under the statutory rules. and that the  order\nof  transfer,  having  been passed without  giving  him\t any\nopportunity  to show cause, was arbitrary, illegal and\tmala\nfide and violative of the principle of natural justice.\t The\nHigh   Court  held  that  there\t was  no  reason   why\t the\nrespondent's  removal from the post of Principal should\t not\n\t\t\t\t\t\t  PG NO 507\n\t\t\t\t\t\t  PG NO 508\nhave been by the governing Body and subject to the  approval\nof  the\t D.P.I., and directed inter alia that  the  impugned\norder of transfer be kept in abeyance and that the governing\nbody would give the respondent an opportunity  to show cause\nwhy  he should not be transferred as stated in the  impugned\ntransfer  order,  and decide the matter\t of  transfer  after\nhearing\t him. Aggrieved by the order of the High Court,\t the\ngoverning body and others moved this Court by special leave.\n    It\twas contended by the appellants inter alia that\t the\nrespondent could not have any grievance against the order of\ntransfer as he had no statutory right to remain as Principal\nand  that  he,\tbeing ordained as priest  according  to\t the\nArticles  of the constitution of the Society of St.  Francis\nde  Sales,  the Salesian Provincial could  transfer  him  to\nserve  in  any\tof the institutions of the  Society  as\t his\nservice\t was  transferable, and he could  not  question\t the\ntransfer.\n    Dismissing the appeal, the Court,\n   HElD:   The\t St.  Anthony's\t College  was\ta   minority\ninstitution  within  the  meaning  of  Article\t30  of\t the\nConstitution,\tand  the  instructions\tcontained   in\t the\nGovernment  Memo dated 7th December,  1979, laying down\t the\nprocedure of appointment of Principal, vice-Principal,\tetc,\nin  religious minority Colleges in the State would apply  to\nthis Institution. [514E-F]\n    The impugned order of transfer was passed without asking\nthe respondent to show cause against the transfer and giving\nhim an opportunity  of hearing. The impugned order purported\nto transfer the respondent from the post of Principal of the\nCollege\t to the post of Teacher in a school. This  order  of\ntransfer   prejudicially   affected  the   status   of\t the\nrespondent. [5I5E-F]\n    The\t main  question for consideration  was\twhether\t the\nSalesian  Provincial,  appellant  No.  2  was  competent  to\ntransfer  the  respondent  who had  been  appointed  by\t the\ngoverning body of the college and approved by the D.P.I.  as\nper  the  Government instructions applicable to\t a  minority\ncollege. [515G]\n    According to the Government instructions aforesaid,\t the\nPrincipal whose appointment had been approved by the D.P.I.,\ncould work as Principal in the minority college till the age\nof  superannuation  as\tdetermined by  the  Government.\t The\nimpugned   order  of  transfer amounted to  removal  of\t the\nrespondent  from  the post of Principal. The  principles  of\nnatural justice and fair play mandate that in administrative\nactions\t the  audi alteram partem rule\tis  applicable;\t the\nperson affected by the order had to be given an\t opportunity\n\t\t\t\t\t\t  PG NO 509\nof  hearing  against  the purported  order  apart  from\t the\nquestion  whether the Assam Aided College  Management  Rules\nand Assam Aided College Employees, Rules  are applicable  to\nminority institutions. [516B-D]\n    The\t appellants  contended\tthat  Salesian\t Provincial,\nappellant  No.\t2,  was\t the  appointing  authority  of\t the\nrespondent and as such he had the right to make the impugned\norder  of  transfer though there was  no  express  provision\nconferring such a power. [5l6F]\n    The question was whether the Salesian Provincial was the\nappointing  authority  of the respondent, or  the  governing\nbody of the College appointed the respondent and recommended\nhis  appointment for approval to the D.P.I. The\t D.P.I.\t had\napproved  the appointment of the respondent pursuant to\t the\nrecommendation\tof the governing body. So this question\t had\nto be gone into and determined by the governing body, as had\nbeen  directed by the order of the High Court. In so far  as\nthe  respondent was transferred in his capacity as a  priest\nfrom  one  division of the religious order to  another,\t the\nmatter pertained to the internal management of the religious\norder and it was not justiciable, but in so far as the order\nof transfer had been made, transferring the respondent\tfrom\nthe post of Principal of the College to the post of  Teacher\nof a school in another State, the respondent could  complain\nagainst\t it.  Since  the respondent had not  been  given  an\nopportunity of hearing against the purported transfer  which\nseriously  affected his status, judgment of the\t High  Court\nwhich directed the governing body to give the respondent  an\nopportunity  to\t show cause against the\t impugned  order  of\ntransfer  and to give him a hearing and decide the  transfer\nmatter in accordance with law, could not be faulted.  [516G-\nH; 517A-D]\n\n\n\nJUDGMENT:\n<\/pre>\n
    CIVlL APPELLATE JURISDICTION: CIVIL Appeal No. 3717\t of
\n1986.\n<\/p>\n
     From  the\tJudgment and Order dated  12.9.1986  of\t the
\nGauhati High Court in Civil Rule No. 428 of 1986.
\n    Ms. Lira Goswami and D.N. Mishra for the Appellant.
\n    Shankar Ghosh, S.K. Hom Choudhary and S.K. Nandy for the
\nRespondent.\n<\/p>\n
    The Judgment of the Court was delivered by
\n\t\t\t\t\t\t  PG NO 510
\n    RAY,  J.  The  respondent,\tRev.  Fr.  Paul\t Petta\t was
\nappointed as Principal of St. Anthony’s’ College by Salesian
\nProvincial  on April 16, 1982 and on the  recommendation  of
\nthe  Governing Body of the College, the Director  of  Public
\nInstruction,  Meghalaya, Shillong accorded approval  to\t his
\nappointment  with effect from 1st May, 1982.  St.  Anthony’s
\nCollege was established by Salesian Congregation, a Catholic
\nreligious  Society of imparting general education. It  is  a
\nreligious  minority  institution  under Article\t 30  of\t the
\nConstitution of India and it is receiving Government grants-
\nin-aid since the scheme of deficit grant-in-aid colleges was
\nintoduce by the government of Assam in 1959. After  creation
\nof Meghalaya it has been grants-in-aid under the same system
\nas  adopted by th Government of Meghalaya. By Memo No.\tEDN.
\n75\/74\/280  dated  4th  November,  1976\tthe  Government\t  of
\nMeghalaya, Education Department conveyed to the Director  of
\nPublic\t Instucion,  the  sanction  of\tthe  Government\t  of
\nMeghalaya  to the implementation of the Instruction.  scales
\nof  pay, as indicated thereunder to all the deficit  college
\nteachers  including the Principals, Professors in the  State
\nwith effect from 1st April, 1975. By Memo No. EDN>  75\/74\/51
\ndated December 7, 1979 the Government of Meghalaya laid down
\nthe procedure for appointment of Principals, Vice-Principals
\nand Lectuers and  other staff in Religious Minority Colleges
\nin   the   State  with\trefernce  to  Article  30   of\t the
\nConstitution. Paragraph 1 which is relevant is quoted below:\n<\/p>\n
    “In\t the matter of appointment of Principals  and  Vice-
\nPrincipals  in\tthe  colleges  belonging  to  th   religious
\nminorities,  the  governing Body of  the  College  concerned
\nshall select a Principal and Vice-Principal from a panel  of
\nnames\tsubmitted  by  th  sponsoring  Church\tOrganisation
\nconcerned  subjects  to th condition  that  the\t educational
\nqualifications\t of  the  persons  selected  shall   be\t  in
\naccordance with the conditions laid down in the Government’s
\nletter No. EDN\/75\/74\/280 dated 4.11.76. Other conditions  in
\nrespect\t  of  age  of  super-annuation\tetc.  shall  be\t  as
\nprescribed by the State Government from time to time.”\n<\/p>\n
    The respondent after his appointment had been working as
\nPrincipal of the College. While working as such, differences
\narose\tbetween\t  him  and  the\t church\t  authorities\tmore
\nparticularly the appellant Nos. 2,3 and 4 i.e. the President
\nand  the  members  of the Government  Body  of\tthe  College
\nregarding certain matters relating to the management of\t the
\ncollege.\n<\/p>\n
\t\t\t\t\t\t  PG NO 511
\n    On\tDecember  14,  1985, Fr.  John\tKalapura,  SDB,\t the
\nAppellant No. 2, President, Governing Body of St.  Anthony’s
\nCollege\t and  Salesian\tProvincial  sent  a  letter  to\t the
\nrespondent intimating him of his transfer from the power  of
\nPrincipal of the College. The letter states :\n<\/p>\n
    “After due consultation with the Provincial Council I am
\ntransferring you from the post of Principal of St. Anthony’s
\nCollege,  Shillong  and am appointing Rev. Fr. J.  Kenny  as
\nActing\tPrincipal of the same college with effect from 2  f.\n<\/p>\n
12. 85.\n<\/p>\n
    Kindly hand over the charge to Rev. Fr. J. Kenny by 21st
\nDec. 1985.”\n<\/p>\n
    On receiving the said letter the respondent on that very
\nday sent a letter to the appellant No. 2 stating that he had
\nno authority to appoint or dismiss or transfer the Principal
\nof  the College as the Principal and Vice-Principal  in\t the
\nCollege\t belonging to the minorities are to be\tselected  by
\nthe  Governing\tBody and to be approved by the\tDirector  of
\nPublic\t  Institution\tin   accordance\t  with\t  Government
\ninstructions mentioned in its letter dated December 7, 1979.
\nThe  respondent\t sent  a letter to the\tDirector  of  Public
\nInstruction  (in short D.P.l.) intimating that he  had\tbeen
\nremoved\t from the Principalship of St. Anthony’s College  by
\nthe  appellant\tNo. 2, the Salesian  Provincial\t of  Cauhati
\nProvince and Rev. Fr. Kenny had been appointed as the Acting
\nPrincipal  and requested him to intimate if  the  Government
\nhas  given  any\t power\tto  Sponsoring\tAuthority  for\t St.
\nAnthony’s  College  in\tcontravention  of  the\tMemo   dated
\nDecember 7,  1976. The D.P.I. has informed the respondent by
\nhis  letter dated 23rd December, L985 that “this  office  is
\nnot  aware of any such power given to the  Church  Authority
\nconcerned”.  The  Salesian Provincial by  its  letter  dated
\nMarch  7, 1986, proposed the name of Fr. Stiphen  Mavely  as
\nPrincipal  of  the said College. The Governing Body  at\t its
\nmeeting held on\t 17th March, 1986 resolved that Fr.  Stephen
\nMavely be appointed Principal-cum-Secretary of St. Anthony’s
\nCollege\t  with\teffect\tfrom  March  10,  1986.\t  The\tsaid
\nappointment  was approved by D.P.l., Meghalaya\twith  effect
\nfrom 10th March, 1986.\n<\/p>\n
    The respondent filed a suit being T.S. No. l (T) of L986
\nin  the Court of the Assistant District Commissioner with  a
\nprayer\tfor  temporary\tinjunction.  An\t interim  order\t  of
\nmaintaining status quo was obtained. But as in the  meantime
\nthe office of the Principal was and taken possession of, the
\nsuit was withdrawn and a writ petition being Civil Rule\t No.
\n\t\t\t\t\t\t  PG NO 512
\n428  of 1986 was filed challenging that Salesian  Provincial
\nhas no power to transfer the respondent, viz. the  Principal
\nof  the\t College to Don Bosco  Technical  School,  Maligaon,
\nGauhati.  The respondent was appointed as Principal  of\t the
\nsaid  College by the Governing Body of the College with\t the
\napproval  of  D.P.I.  and so the  Governing  Body  with\t the
\napproval  of  D.P.I. can transfer him  under  the  statutory
\nrules. It was also contended that the respondent acquired  a
\nsatutory  right\t to  hold the post  of\tPrincipal  till\t his
\nattaining the age of super-annuation. The purported order of
\ntransfer  is illegal and without jurisdiction  It  has\talso
\nbeen   contended  that\tthe  purported\torder  of   transfer
\ntantamounts  to removal of the respondent from the  post  of
\nPrincipal and the said order being issued without  recording
\nany reason and without giving any opportunity to show  cause
\nto  him is arbitrary, illegal and mala fide.  The  purported
\norder of transfer is thus violative of principles of natural
\njustice and as such it is liable to be quashed.
\n    An\taffidavit  in  opposition was  filed  on  behalf  of
\nappellant  Nos. 2, 3 and 4 denying that\t the  administration
\nand   management   of  the  said   college   including\t the
\nappointment, discipline etc. are governed by the Assam Aided
\nCollege\t  Management  Rules.  1965,  Assam   Aided   College
\nEmployees’  Rules,  1960 for appointment of  Principals\t and
\nVice-Principals\t  and  conditions  of  grants-in-aid   aided
\ncolleges  in  1956. It has been stated\tthat  St.  Anthony’s
\nCollege\t is   a\t minority  institution\tand  the   Salesians
\nProvincial  is\tthe  only Competent Authority  to  make\t any
\nappointment to the rank of Principal in the said College and
\nno advertisement before making any appointment is necessary.
\nThis relaxation of restriction in regard to Minority College
\navailing  of  deficit grants-in-aid has been  made  by\tMemo
\ndated  December 7, 1979. The petitioner is a member  of\t the
\nSalesian  of Don Bosco and his appointment to the said\tpost
\nof Principal could never have been permanent. As a priest he
\nis transferable from time to time different institutions  of
\nthe Society. The Constitution of the Salesians of Don  Bosco
\nprovides that such transfer is binding on the petitioner  as
\na  priest  and\ta  member of the  Salesian  Don\t Bosco.\t The
\ntransfer of the petitioner and other priests are matters  of
\nnormal\troutine as members of Salesian Society. It has\talso
\nbeen stated that any money drawn by a priest has to be given
\nto  the\t order\tof  Salesian of\t Don  bosco  and  no  priest
\nmaintains any private fund. It is the responsibility of\t the
\nSalesian Society to look after the needs and requirements of
\nany  member  of\t the community and is  responsible  for\t the
\nupkeep\tof such members. The petitioner has taken a  vow  of
\nobedience when he was ordained as a priest and was  admitted
\nas  a  member  of Don bosco. The petition is  liable  to  be
\ndismissed  as no statutory right of the petitioner has\tbeen
\nviolated.\n<\/p>\n
\t\t\t\t\t\t  PG NO 513
\n    After  hearing the learned counsels for the\t parties  as
\nwell  as  considering the facts and circumstances  the\tHigh
\nCourt held that the Governing Body of the College was not  a
\nStatutory Body. The Court further held that:\n<\/p>\n
    “To\t our  mind there is violation of the  principles  of
\nnatural\t justice in dislodging the petitioner from his\tpost
\nof Principal without hearing him.”\n<\/p>\n
    The High Court further held that:\n<\/p>\n
    “So long as the members of the Salesian Body obeyed\t the
\nrules and regulation of the Body, accepted transfers in good
\nspirit\tthis  Court  would have nothing to do.\tBut  if\t the
\npetitioner   having  been  appointed  as   Principal   feels
\naggrieved  that his transfer is not in accordance  with\t the
\nrules of the body and comes to the Court, this Court has  to
\nlook  and  listen to him. By appointing\t the  petitioner  as
\nPrincipal  of the College, the organisation has exposed\t the
\npetitioner  to\tthe judicial gaze of the Court\tand  if\t the
\npetitioner makes grievances, it is for the Court to  redress
\nit.”\n<\/p>\n
“…..\tThe petitioner was appointed by the  Governing\tBody
\nand that was subject to the approval of the D.P.I. There  is
\nno  reason  as\tto  why his removal from  the  post  of\t the
\nPrincipal  should not have been made by the  Governing\tBody
\nand  subject  to  the approval of the  D.P.l.  However,\t the
\nCollege\t Governing Body has got no control over\t the  School
\nwhereto the petitioner has been transferred.”\n<\/p>\n
    The\t High Court therefore made the rule absolute to\t the
\nextent indicated in the directions quoted below:\n<\/p>\n
    “We\t accordingly  keep the impugned\t order\tin  abeyance
\nforthwith  and direct the Governing Body of the\t College  to
\ngive  the petitioner an opportunity to show cause as to\t why
\nhe  should  not\t be transferred as stated  in  the  impugned
\ntransfer  order\t dated 14.12..1985 (Annexure-10)  and  after
\nhearing the petitioner on the cause shown, shall decide\t the
\nmatter\tof  transfer within one month from receipt  of\tthis
\norder,\tand  act according to the decision so taken  and  in
\n\t\t\t\t\t\t  PG NO 514
\nconformity with the Government instructions (Annexure-8). If
\nthe   impugned\torder  is  revoked,  the  petitioner   shall
\nautomatically be reinstated in his post of principal of\t the
\nCollege, and shall be given all the emoluments and  benefits
\nthereof. The Respondent No.  11 shall  correspondingly cease
\nto be Principal of the College, but shall not be disentitled
\nto the pay and allowances for the services already  rendered
\nby  him\t to  the College prior to this date.  In  case\t the
\nGoverning  Body\t decides  to give  effect  to  the  impugned
\ntransfer  order it shall revive and the petitioner shall  be
\nfree  to pursue his remedies under the law. In the  interest
\nof  fair hearing and reasonable opportunity, we\t direct\t the
\nGoverning  Body to make available to the petitioner all\t the
\nrecords\t which he may need for the purpose of  his  defence;
\nthe  petitioner\t shall, not, however function  as  Principal
\nduring\tthe  period  of\t one  month  pending  decision.\t The
\ndecision shall be taken within a month from today.”\n<\/p>\n
    Aggrieved  by the said order made in Civil Rule No.\t 428
\nof  1986,  a special leave petition has been  filed  by\t the
\nGoverning Body and some of the members of the Governing Body
\nof  the College. After hearing the learned counsel  for\t the
\nparties special leave was granted.\n<\/p>\n
    The\t St.  Anthony’s\t College is  admittedly\t a  minority
\ninstitution  within  the  meaning  of  Article\t30  of\t the
\nConstitution  and as such the Salesian Don Bosco Society  is
\ncompetent  to administer the said college. This\t College  is
\ngetting\t  deficit  grants-in-aid  from\tthe  Government\t  of
\nMeghalaya  and the instructions contained in Memo  No.\tEDN.
\n75\/74\/S1  issued  by  the Government  of  Meghalaya  on\t 7th
\nDecember,  1979 laying down the procedure of appointment  of
\nPrincipal,  Vice-Principal,  Lecturers and  other  staff  in
\nreligious minority colleges in the State will apply to\tthis
\nInstitution.  The  respondent  who was\ta  lecturer  of\t St.
\nAnthony’s College was sponsored by Salesian Provincial,\t the
\nappellant No. 2 for appointment of Principal of the  College
\nand  the Governing Body of the College recommended the\tsame
\nto  the\t Director  of  Public  Instruction,  Meghalaya\t for
\napproval  as  required\tunder the  above  instructions.\t The
\nD.P.I. duly approved the appointment of the respondent, Rev.
\nFr. Paul Petta as Principal of the College with effect\tfrom
\nMay  1,\t 1982.\tThe appellant worked  as  Principal  of\t St.
\nAnthony’s College since the date of his appointment till the
\nimpugned order of transfer made by the appellant No. 2\tRev.
\nFr.  John Kalapura as Salesian-Provincial from the  post  of
\nPrincipal  of the said College to the post of  Teacher,\t Don
\nBosco  Technical  School, Maligaon, Gauhati on December\t 21,
\n\t\t\t\t\t\t  PG NO 515
\n1985  without asking him to show cause against the order  of
\ntransfer and without giving him any opportunity of  hearing.
\nIt  has been urged that the respondent being ordained  as  a
\npriest\tof the society has taken vow of servie to  any\tpost
\nwhere  he will be asked by the Society to work. As a  priest
\nhe was sponsored by the Church Authority for appointment  as
\nPrincipal  and\tthe  Governing\tBody  of  the  College\talso
\nrecommended  his appointment as made by Salesian  Provincial
\nfor  approval.\tThe  petitioner cannot\thave  any  grievance
\nagainst\t the order of transfer as he has no statutory  right
\nto  remain  as Principal of the College. It  has  also\tbeen
\ncontended by refering to certain Articles of Constitution of
\nthe  Society  of St. Francis de Sales  that  the  respondent
\nbeing  ordained\t as priest of the Society took\tthe  vow  of
\nservice\t and  the Salesian Provincial can  transfer  him  to
\nserve  in any of institutions of the Society as his  service
\nis transferable. It has also been submitted that as a priest
\nthe  respondent cannot keep any money with him and  whatever
\nsalary\the gets will have to be given to the  Society  which
\nwill  look  after  him and meet his  needs.  The  respondent
\nquestion the order of transfer. The respondent so long as he
\nto the order of transfer and complies with it, the court has
\nnothing\t to  do.  But  if he does not  comply  with  it\t and
\nquestions  it  before  the Court, the  Court  will  have  to
\nconsider his grievances and to decide if the impugned  order
\nof transfer is legal and valid.\n<\/p>\n
    The\t respondent  was  appointed  as\t Principal  of\t St.
\nAnthony’s  College by the Governing Body of the College\t and
\nthe  same  was\tduly  approved by  the\tDirector  of  Public
\nInstruction, Meghalaya in accordance with the procedure laid
\ndown in the Government’s letter dated December 7, 1979.\t The
\nimpugned   order  of  transfer\tpurports  to  transfer\t the
\nrespondent from the post of Principal of the College to\t the
\npost  Teacher in the Don Bosco Technical School at  Maligaon
\nwithin the State of Gauhati over which the Governing Body of
\nSt.  Anthony College has no control. This order of  transfer
\nhas  prejudicially affected the status of the respondent  as
\nPrincipal  of St. Anthony’s College. The main question\tthat
\narises\tfor  consideration  in this appeal  is\twhether\t the
\nSalesian  Provincial, the appellant No. 2, is  competent  to
\ntransfer the petitioner who has been appointed as  Principal
\nof  the\t College by the Governing Body of  the\tCollege\t and
\napproved  by  the  D.P.I.  as  per  Government\tinstructions
\napplicable to minority college. There is no dispute that the
\nrespondent  is a member of Salesian Don Bosco Society  as  a
\npriest.\t It is also not in dispute that as a priest  of\t the
\nsociety\t h was\tsponsored by the Church Authorities for\t the
\npost  of Principal of th College and the Governing  Body  of
\nthe  College recommended to the D.P.I. for approval  of\t his
\nappointment   as   Principal  of  the\tCollege.   In\tsuch
\n\t\t\t\t\t\t PG NO 516
\ncircumstances  it is required to be considered\twhether\t the
\nSalesian Provincial has power to transfer him from the\tpost
\nof  Principal  of the College to the post of  Teacher  in  a
\nTechnical  School  of the Society. It is apparent  from\t the
\naforesaid  Government instructions that the Principal  whose
\nappointment has been duly approved by the D.P.I. can work as
\nPrincipal in the minority college till he attains the age of
\nsuper-annuation\t  as  determined  by  the  Government.\t The
\nimpugned  order of transfer in substance amounts to  removal
\nof the respondent from the post of Principal of the College.
\nIt  has been held by the High Court that the respondent\t has
\nbeen  condemned unheard as he was not given any\t opportunity
\nto  show  cause\t for the purported order  of  transfer\twhih
\nseriously prejudiced him. The principles of natural  justice
\nand  fair  play mandate that in administrative\tactions\t the
\naudi  alterum  partem  rule is\tapplicable  and\t the  person
\naffected by the order to be given an opportunity of  hearing
\nagainst the purported order apart from the question  whether
\nthe  Assam  Aided College Management Rules, l965  and  Assam
\nAided  College\tEmployees’  Rules. 1965\t are  applicable  to
\nminority  institutions. We do not consider it necessary\t for
\nthe purposes of this appeal to make any observations on\t the
\nquestion  whether the Assam Aided College Management  Rules,
\n1965  and  Assam Aided College Employees’  Rules,  1960\t are
\napplicable  to\tminority  institutions or  to  consider\t the
\nquestion   whether  the\t rules\tconcerning  the\t terms\t and
\nconditions   of\t  appointment\tas   well   as\t prescribing
\nqualification  for appointment\tthe post  of  lecturers\t and
\nprincipals as well as prescribing condition for service\t are
\nregulatory  in\tnature\tand  they  do  not  contravene\t the
\nfundamental  right  guaranteed\tunder  Article\t31  of\t the
\nConstitution  to  the  minority\t institutions  at  has\tbeen
\nobserved  in  the  case\t of  Frank  Anthony  Public   School
\nEmployees Association v. Union of India & Ors.,<\/a> [1987] I SCR\n<\/p>\n
238. It\t has been contended on behalf of the learned counsel
\nfor  the  appellants  that the\tappellant  No.\t2,  Salesian
\nProvincial is the appointing authority of the respondent and
\nas  such  he  has the right to make the\t impugned  order  of
\ntransfer  though there is nc, express  provision  conferring
\nsuch  power. The case of Kutoor Vengayil Rayarappan  Nayanar
\nv.  Kutoor  Vengayil Valia Madhavi Amma and Ors.,  AIR\t1950
\n(Federal  Court)  140  has been cited at  the  bar  for\t the
\nproposition that the power to terminate flows naturally\t and
\nas  a  necessary  sequence from the power  to  create.\tThis
\nproposition  is\t a  well  established  proposition  but\t the
\nquestion   is  whether\tthe  Salesian  Provincial   is\t the
\nappointing  authority  of the respondent  or  the  Governing
\n8body  of  the\tsaid College appointed\tthe  respondent\t and
\nrecommended  his appointment for approval to the  D.P.I.  As
\nstated earlier D.P.I. pursuant to the recommendation of\t the
\nGoverning Body approved the appointment of the respondent as
\n\t\t\t\t\t\t  PG NO 517
\nPrincipal  of the said College. So this question has  to  be
\ngone  into and determined by the Governing Body as has\tbeen
\ndirected  by  the  order  of the High  Court.  It  has\tbeen
\ncontended that the impugned order of transfer has  seriously
\naffected  the status of the respondent as Principal  of\t the
\nCollege\t and  this  has been made by the  appellant  No.  2,
\nSalesian  Provincial without giving him any  opportunity  of
\nhearing.  Now in so far as the Respondent is transferred  in
\nhis  capacity as priest from one division of  the  religious
\norder  to  another  the\t matter\t pertains  to  the  internal
\nmanagement of the religious order and it is not justiciable.
\nHowever, in so far as the order of transfer has been made by
\nthe Governing Body of the St. Anthony’s College transferring
\nthe respondent from the post of Principal of the College  to
\nthe  post of Teacher of Don Bosco Technical School which  is
\nin  another  State the respondent can complain\tagainst\t it.
\nSince  the respondent has not been given any opportunity  of
\nhearing against the purported order of transfer outside\t the
\nState  which seriously affected his status, the High  Court,
\nin the facts and circumstances of the case has directed\t the
\nGoverning  Body\t of the College to give\t the  respondent  an
\nopportunity  to\t show cause against the\t impugned  order  of
\ntransfer  dated 14. 13. 1985 and to give him a\thearing\t and
\ndecide\t the  transfer matter in accordance  with  law.\t The
\njudgment  and  order  passed  by  the  High  Court  in\t the
\ncircumstances of the case cannot be faulted.
\n    We therefore, uphold the order passed by the High  Court
\nand  the  appeal is dismissed with costs quantified  at\t Ks.
\n5,000.\n<\/p>\n
S.L.\t\t\t\t\t Appeal dismissed.\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Governing Body, St. Anthony’S … vs Rev. Fr. Paul Petta Of Shillong … on 18 August, 1988 Equivalent citations: 1988 AIR 2005, 1988 SCR Supl. (2) 507 Author: B Ray Bench: Ray, B.C. (J) PETITIONER: GOVERNING BODY, ST. ANTHONY’S COLLEGE,SHILLONG & ORS. Vs. RESPONDENT: REV. FR. PAUL PETTA OF SHILLONG EASTKHASl […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-49168","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nGoverning Body, St. Anthony'S ... vs Rev. Fr. 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