Kerala University Act, 1974 – s.2(2), (7), (19), (27) and (28) – Appellant was appointed as Project Officer in Centre for Adult Continuing Education and Extension (CACEE) – Appointment was accorded sanction by University of Kerala – University implemented the University Grants Commission (UGC) scale of pay to the CACEE staff – Appellant was also given the UGC pay scale – Appellant promoted as Assistant Director in the CACEE – UGC revised the scale of pay of the CACEE at par i.e. Director, Assistant Director and Project Officer corresponding to the pay scale of Associate Professor, Assistant Professor, Reader, Lecturer – Writ Petition filed by appellant claiming that he is a teacher of the University within the meaning of the 1974 Act and that he is entitled to continue in service upto the age of 60 years and cannot be retired at the age of
56 years – Dismissed – Held: CACEE is not a College within the meaning of s.2(7) since as per the pleadings of the University, it is neither maintained nor affiliated to the University – No material to indicate that it is an institution recognised by the University within the meaning of s.2(19) – CACEE is not maintained by the University and is a self-financing Centre – Appellant not covered by definition of teacher or the teacher of the University u/ss.2(27) & 2(28) – When the appellant does not fulfil the requirement of definition of teacher or teacher of University, he cannot claim applicability of Statute 10 of Chapter 3 of 1977 Statutes – Further, even if it is assumed that the appellant is imparting instruction in different courses in CACEE that itself cannot make the appellant a teacher within the meaning of s.2(27) & 2(28) – Appellant having never been appointed as teacher is not covered by the definition of teacher of the University – Kerala University First Statutes, 1977 – Statute
2 (f); Chapter 3- Statute 10 – Kerala University First Ordinances, 1978 – Chapter XVII – Service Law.
Dismissing the appeal, the Court
HELD: 1.1 The Centre i.e. CACEE came to be established on temporary basis as planned Scheme established by the Government of India for the purpose of eradicating illiteracy. The University Grants Commission also funded the Centre and as pleaded in the counter-affidavit after 31.03.1997 no Agency having come forward to sponsor the Scheme the Syndicate of the University resolved to restructure CACEE as a Self-Supporting Centre. The University has undertaken to render all the Administrative work of CACEE. The Schedule to the First Ordinances, 1978 of the Kerala University contains designations of all posts of University including teaching and non-teaching posts in various Departments and Centres like University, Service and Instructions Centres, Computer Centre, English Language Teaching Centre but posts in CACEE are not included in the Schedule of the Ordinances which obviously indicates that posts in Centre are not posts in the University. [Paras 20, 21][247-DF]
1.2 The Centre is not a College within the meaning of Section 2(7), Kerala University Act, 1974 since as per the pleadings of the University, Centre is neither maintained nor affiliated to the University. There are no materials on record also to indicate that the Centre is an institution recognised by the University within the meaning of Section 2(19). It is true that the Centre is being run as a Centre under the administrative control of the University. The definition of Teacher of University in Section 2(28) also refers to a person employed as Teacher in any institution maintained by the University. From the pleadings on the record and the materials which are brought on the record it is apparent that the appellant is not covered by definition of Teacher or the Teacher of the University under Section 2(27) and 2(28) of the Kerala University Act, 1974. When the appellant does not fulfil the requirement of definition of Teacher or Teacher of University, he cannot claim applicability of Statute 10 of Chapter
3 of the Statutes. Even if it is assumed that the appellant is imparting instruction in different courses in the Centre that itself cannot make the appellant Teacher within the meaning of Section 2(27) and 2(28). The appellant having never been appointed as Teacher he is not covered by the definition of Teacher of the University. [Paras 26-27][248-F-H; 249-A-C]
Dr. K. Sivadasan Pillai v. The University of Kerala and Others Decision of Kerala High Court dtd. 20.07.2000 in C.A No.180 of 1992D; Dr. B. Vijayakumar v. The University of Kerala and Others Decision of Kerala High Court dtd. 14.06.2005 in W.P (C) No.3141 of 2004(Y); Dr. V. Reghu v. The University of Kerala and another Decision of Kerala High Court dtd. 14.02.06 in W.P (C) No.25669 of 2004 (E); M.N.C. Bose v. University of Kerala and Ors. Decision of Kerala High Court dtd. 25.05.2012 in W.P (C) No.15447 of
2007(L); S. Ramamohana Rao v. A.P. Agricultural University and Another (1997) 8 SCC 350 : [1997] 3 Suppl. SCR 201 – distinguished.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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