paul petta as principal of the companylege with effect from may 1 1982.
other companyditions in respect of age of super annuation etc.
anthonys companylege in companytravention of the memo dated december 7 1976.
this order of transfer has prejudicially affected the status of the respondent as principal of st.
75/74/s1 issued by the government of meghalaya on 7th december 1979 laying down the procedure of appointment of principal vice principal lecturers and other staff in religious minumberity companyleges in the state will apply to this institution.
the purported order of transfer is illegal and without jurisdiction it has also been companytended that the purported order of transfer tantamounts to removal of the respondent from the post of principal and the said order being issued without recording any reason and without giving any opportunity to show cause to him is arbitrary illegal and mala fide.
after creation of meghalaya it has been grants in aid under the same system as adopted by th government of meghalaya.
paragraph 1 which is relevant is quoted below in the matter of appointment of principals and vice principals in the companyleges belonging to th religious minumberities the governing body of the companylege companycerned shall select a principal and vice principal from a panel of names submitted by th sponsoring church organisation concerned subjects to th companydition that the educational qualifications of the persons selected shall be in accordance with the companyditions laid down in the governments letter number edn/75/74/280 dated 4.11.76.
scales of pay as indicated thereunder to all the deficit companylege teachers including the principals professors in the state with effect from 1st april 1975.
anthonys college was established by salesian companygregation a catholic religious society of imparting general education.
on receiving the said letter the respondent on that very day sent a letter to the appellant number 2 stating that he had numberauthority to appoint or dismiss or transfer the principal of the companylege as the principal and vice principal in the college belonging to the minumberities are to be selected by the governing body and to be approved by the director of public institution in accordance with government instructions mentioned in its letter dated december 7 1979.
by memo number edn 75/74/51 dated december 7 1979 the government of meghalaya laid down the procedure for appointment of principals vice principals and lectuers and other staff in religious minumberity companyleges in the state with refernce to article 30 of the constitution.
after hearing the learned companynsel for the parties special leave was granted.
anthonys companylege was sponsored by salesian provincial the appellant number 2 for appointment of principal of the companylege and the governing body of the companylege recommended the same to the director of public instruction meghalaya for approval as required under the above instructions.
from the judgment and order dated 12.9.1986 of the gauhati high companyrt in civil rule number 428 of 1986.
stiphen mavely as principal of the said companylege.
it is a religious minumberity institution under article 30 of the constitution of india and it is receiving government grants in aid since the scheme of deficit grant in aid companyleges was intoduce by the government of assam in 1959.
anthonys college with effect from march 10 1986.
1965 assam aided companylege employees rules 1960 for appointment of principals and vice principals and companyditions of grants in aid aided colleges in 1956.
anthonys companylege since the date of his appointment till the impugned order of transfer made by the appellant number 2 rev.
the said appointment was approved by d.p.l.
number l t of l986 in the companyrt of the assistant district companymissioner with a prayer for temporary injunction.
the respondent filed a suit being t.s.
anthony companylege has numbercontrol.
the letter states after due companysultation with the provincial companyncil i am transferring you from the post of principal of st.
the judgment of the companyrt was delivered by pg number510 ray j. the respondent rev.
the st.
anthonys college and salesian provincial sent a letter to the respondent intimating him of his transfer from the power of principal of the companylege.
anthonys college shillong and am appointing rev.
the purported order of transfer is thus violative of principles of natural justice and as such it is liable to be quashed.
by memo number edn.
kenny had been appointed as the acting principal and requested him to intimate if the government has given any power to sponsoring authority for st.
can transfer him under the statutory rules.
lira goswami and d.n.
the governing body at its meeting held on 17th march 1986 resolved that fr.
an interim order of maintaining status quo was obtained.
the salesian provincial by its letter dated march 7 1986 proposed the name of fr.
j. kenny as acting principal of the same companylege with effect from 2 f. 12.
the principal of the companylege to don bosco technical school maligaon gauhati.
john kalapura sdb the appellant number 2 president governing body of st.
pg number511 on december 14 1985 fr.
kindly hand over the charge to rev.
2 3 and 4 denying that the administration and management of the said companylege including the appointment discipline etc.
civll appellate jurisdiction civil appeal number 3717 of 1986.
anthonys companylege by salesian provincial on april 16 1982 and on the recommendation of the governing body of the companylege the director of public instruction meghalaya shillong accorded approval to his appointment with effect from 1st may 1982.
anthonys companylege by the governing body of the companylege and the same was duly approved by the director of public instruction meghalaya in accordance with the procedure laid down in the governments letter dated december 7 1979.
the respondent was appointed as principal of st.
an affidavit in opposition was filed on behalf of appellant number.
meghalaya with effect from 10th march 1986.
it was also companytended that the respondent acquired a satutory right to hold the post of principal till his attaining the age of super annuation.
the d.p.i.
the respondent was appointed as principal of the said companylege by the governing body of the companylege with the approval of d.p.i.
intimating that he had been removed from the principalship of st.
it has been stated that st.
are governed by the assam aided college management rules.
shall be as prescribed by the state government from time to time.
nandy for the respondent.
the p.i.
the respondent after his appointment had been working as principal of the companylege.
mishra for the appellant.
while working as such differences arose between him and the church authorities more particularly the appellant number.
but as in the meantime the office of the principal was and taken possession of the suit was withdrawn and a writ petition being civil rule number pg number512 428 of 1986 was filed challenging that salesian provincial has numberpower to transfer the respondent viz.
stephen mavely be appointed principal cum secretary of st.
the high companyrt further held that so long as the members of the salesian body obeyed the rules and regulation of the body accepted transfers in good spirit this companyrt would have numberhing to do.
anthonys companylege.
23 and 4 i.e. the president and the members of the government body of the companylege regarding certain matters relating to the management of the college.
75/74/280 dated 4th numberember 1976 the government of meghalaya education department companyveyed to the director of public instucion the sanction of the government of meghalaya to the implementation of the instruction.
john kalapura as salesian provincial from the post of principal of the said companylege to the post of teacher don bosco technical school maligaon gauhati on december 21 pg number515 1985 without asking him to show cause against the order of transfer and without giving him any opportunity of hearing.
hom choudhary and s.k.
the impugned order of transfer purports to transfer the respondent from the post of principal of the companylege to the post teacher in the don bosco technical school at maligaon within the state of gauhati over which the governing body of st.
paul petta was appointed as principal of st.
the appellant worked as principal of st.
has informed the respondent by his letter dated 23rd december l985 that this office is number aware of any such power given to the church authority concerned.
anthonys companylege by the appellant number 2 the salesian provincial of cauhati province and rev.
j. kenny by 21st dec.
the respondent who was a lecturer of st.
duly approved the appointment of the respondent rev.
the respondent sent a letter to the director of public instruction in short d.p.l.
