THE EDUCATIONAL SOCIETY REPRESENTED BY ITS TREASURER, N. SUBRAMANIAN Vs. THE MADURAI UNIVERSITY, REPRESENTED BY ITS REGISTRAR AND ORS.

JUDGEMENT

(1.) THE petitioner in the writ petition is the Educational Society, Tirunelveli, represented by its Treasurer, N. Subramanian. The petitioner runs the Madura Diraviyam Tayumanavar Hindu College, Tirunelveli, popularly known as M.D.T Hindu College, Tirunelveli. The third and the fourth respondents herein were serving in the College. The third respondent completed the age of 58 years on 22nd July, 1972 and the fourth respondent completed the age of 58 years on 15th January, 1973. G.O. Ms. No. 1699, Education Department, dated 1st October, 1973 is an order of the Government dealing with the making of teaching grant to educational institutions. This G O. dealing with the staff employed in a college which is eligible for teaching grant, stated: "Persons above the age of 58, on the teaching staff, will not be given extension of service, but may be re -employed upto 60 years with the permission of the Director of Collegiate Education". The petitioner herein, by Orders dated 21st January, 1974, terminated the services of the third and the fourth respondents with effect from 31st January, 1974 on the ground that they had already completed the age of 58 years. The third and the fourth respondents herein approached the first respondent, viz., the Madurai University, in this behalf. The said Madurai University on 24th January, 1974, sent a communication to the petitioner herein. The University referred to G.O. Ms. No. 1699, Education, dated 1st October, 1973 and pointed out that it was considered that the respondents 3 and 4 herein, along with another member of the staff were eligible to remain in service till the end of academic year i.e., 1973 - -74 as per G.O. Ms. No....Education, dated 11th December, 1970." Thereafter, respondents 3 and 4 were retained in service till the end of the academic year and the petitioner modified its earlier orders and re -employed respondents 3 and 4 till 31st March, 1974. After this period was over, respondents 3 and 4 again approached the University and the University passed the impugned order. This communication of the University forwarded the resolution of the Syndicate which stated:

(2.) BEFORE dealing with the point in the Writ Petition, it is necessary to refer to Clause 10 of the Conditions of Service and the resolution of the Syndicate. That clause states that " a teacher appointed permanently shall ordinarily be entitled to serve till he completes his 60th year and that no exemption from the age rule will be given to teachers of colleges including the Principals." It will be seen that the Syndicate, in the impugned resolution, has relied upon this clause, while it had failed to refer to the order of the Government in G.O. Ms. No. 1699, Education, dated 1st October, 1973. In view of this Clause 10 of the Conditions of Service and the provisions contained in G.O. Ms. No. 1699, Education, dated 1st October, 1973. I asked Mr. K. Doraiswami, learned Counsel for the first respondent viz. the Madurai University to state whether the stand of the University is that, whatever the Government Order may provide, Condition No. 10 should be observed and followed. The learned Counsel, after taking instructions, represented to me that Condition No. 10 was not intended to be in derogation of the order of the Government and that the said condition was intended to subserve the order of the Government and therefore, it was not the intention of the University that the said condition should override the provisions in the Government Order. Once this position is conceded, it clearly follows that the resolution of the Syndicate, as communicated on 26th March, 1964 cannot be sustained, because this resolution ignores the Government Order referred to above and proceeds solely on the basis of Condition No. 10 referred to already. The difference between the two is also significant and vital. Under Condition No. 10 a teacher is entitled to continue in service till he attains the age of sixty, while, according to the Government Order, the relevant portion of which I have already extracted, he can continue in service only upto the age of 58 years, though he can be re -employed for a further period of two years with the permission of the Director of Collegiate Education. On this short ground alone, the writ petition has to be allowed and the impugned resolution of the Syndicate has to be quashed.

(3.) FOR these reasons, the writ petition is allowed and the impugned resolution of the Syndicate, communicated by the Registrar of the first respondent University to the petitioner by his communication dated 26th March, 1974 is quashed. There will be no order as to costs.