The petitioner challenged termination as an Assistant Professor due to department closure. The Court held her employment was contractual and not permanent, relying on a prior judgment, and dismissed the writ petition, directing her to seek other remedies. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.5124/2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.5124 of 2020 and W.M.P.No.6108 of 2020
A.Princy Christy
Petitioner
/vs/
Writ Petition is filed under Article 226 of the Constitution of India to
issue a writ of certiorarified mandamus to call for the records of the third
respondent in connection with the impugned order passed by him in proceeding dated 17.06.2019 and to quash the same and further direct the
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W.P.No.5124/2020
respondents to reinstate the petitioner as Assistant Professor in Computer
Science with all consequential service and monetary benefits.
For Petitioner ... Mr.S.Sivakumar
For Respondents ... Mr.K.Susendran Government Advocate for R1
Mr.A.S.Vijayaraghavan for R2
Mr.Godson Swaminathan for M/s.Isaac Chamber for R3
ORDER
The petitioner has filed this writ petition challenging the order of the
third respondent in connection with the impugned order passed by him in proceeding dated 17.06.2019 and to direct the respondents to reinstate the petitioner as Assistant Professor in Computer Science with all consequential service and monetary benefits.
third respondent college through an appointment order dated 13.06.2007. Her appointment was confirmed by the College Management Committee vide confirmation letter dated 01.08.2009. The qualification of the petitioner was also approved by the second respondent vide order dated
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W.P.No.5124/2020
23.07.2012. On 17.06.2019, the petitioner was served with termination order by stating that her contract of service in the capacity of Assistant Professor in the Department of Master of Computer Application (MCA) is no longer required.
that without assigning any reason the petitioner who had undergone thorough selection process and whose appointment has been subsequently confirmed by the College Management Committee and whose qualification has been approved by the University, was terminated without any prior notice and the same is illegal; though the petitioner's initial appointment limited her appointment for contractual period of two years, on 13.06.2009 her appointment was confirmed later on 01.08.2009; hence the petitioner claims that her appointment is permanent in nature.
respondent, submitted that the Department of Master of Computer Application was closed in the year 2019 by the third respondent college in
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W.P.No.5124/2020
view of the less enrollment to the said course; whenever a request is made to close a Department, the University will initially suspend the course for two years and during that time fresh admission will not be made; after complying such due process, the University has given permission to close the Master of Computer Application Department and consequently, the Department was also closed; the petitioner who is the junior most in the Department was aware of the impending closure and she was informed about the impact of her employment due to closure of the Department; in the confirmation order itself it has been stated that the service is terminal within one month's notice in writing.
“ 5. In my considered opinion, a contract of the personal service cannot be enforced in a writ proceeding. From the record,
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W.P.No.5124/2020
it is clear that the petitioner was only a contractual employee and it is based on a personal contract of service. The same cannot be enforce in a writ proceeding. Therefore, the relief sought for in this writ petition cannot be granted to the petitioner. It is open to the petitioner to work out his remedy in the manner known to law. The writ petition is dismissed. No costs. Connected miscellaneous petition is also dismissed.”
by the second respondent nothing can be done beyond that; the employment contract is between the petitioner and the third respondent which is a self financing College.
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W.P.No.5124/2020
the petitioner it has been stated that the petitioner's employment is only on contractual basis and that may be renewed for a further period of two years or until the age of retirement specified by the Government subject to certain conditions; when the petitioner's first year contractual term of two years was about to finish, she was given with an another renewal on 01.08.2009; however, the letter dated 01.08.2009 has not been titled as 'Contractual renewal letter' but it is stated as 'Confirmation letter'; the petitioner was originally engaged in the UG Course and later she was shifted to PG course and it is only the PG course which was closed now.
termination clause:
“ 5. The service is terminable with one month's notice in writing or one month's salary in lieu of such notice on either side.”
Computer Application Department and the closure of PG course resulted in her termination. Since the course for which the petitioner was employed is
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a self financed course, the petitioner cannot claim that she was permanently employed. As cited in the order in W.P.No.12391/2012 dated 17.09.2012, the contract of service cannot be enforced by way of filing a writ petition.
courses. No costs. Connected miscellaneous petition is closed.
12.02.2024
Index: Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No bkn
To:
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W.P.No.5124/2020
R.N.MANJULA ,J.
bkn
W.P. No.5124 of 2020
12.02.2024
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2 issues framed by the court
Whether a lecturer appointed on a contractual basis whose service was confirmed can claim permanent status and reinstatement after department closure.
Whether the contract of personal service in respect of a self-financing college can be enforced in a writ proceeding.
Colour shows how this judgement treated each authority
W.P.No.12391 of 2012 dated 17.09.2012Relied on¶43
1 provisions across 1 enactments
A. Princy Christy
The Secretary, Higher Education Department
The Registrar, University of Madras
The Secretary and Correspondent, Loyola College
R.N. MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
