R. SULOCHANA DEVI versus D.M. SUJATHA AND ORS.

R. SULOCHANA DEVI versus D.M. SUJATHA AND ORS.

Appellant is senior to respondent by virtue of appointment as Lecturer from 1.8.1969 without break in service, and no recoveries made against her; orders and opinions passed by RJD without notice are void for violation of natural justice; courts should not interfere with management's discretionary power over Principal selection in minority institutions.

Parties
Appellant: R. Sulochana Devi; Respondent: D.M. Sujatha
Jurisdiction
India
Judgment Date
04 October 2004
Procedural Posture
Civil Appeal / Supreme Court Appeal From Andhra Pradesh High Court Division Bench Judgment
Outcome
Appeals allowed; Division Bench judgment set aside; order of Single Judge restored
Legal Topics
Seniority Dispute, Selection of Principal, Minority Educational Institutions, Natural Justice
Service Law Seniority Dispute Selection of Principal Minority Educational Institutions Natural Justice

Case Brief

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Parties

R. Sulochana Devi

Appellant

D.M. Sujatha

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Andhra Pradesh High Court Division Bench Judgment

Legal Issues

  1. 1 Whether the appellant or respondent is entitled to hold the post of Principal based on seniority
  2. 2 Validity of RJD's opinion and orders regarding seniority
  3. 3 Whether principles of natural justice were violated in appointment and opinions issued

Ratio Decidendi

Appellant is senior to respondent by virtue of appointment as Lecturer from 1.8.1969 without break in service, and no recoveries made against her; orders and opinions passed by RJD without notice are void for violation of natural justice; courts should not interfere with management's discretionary power over Principal selection in minority institutions.

Court Disposition

Appeals allowed; Division Bench judgment set aside; order of Single Judge restored

Orders

  • Appellant to be placed as Principal of Andhra Christian College immediately and not later than two weeks from date of judgment
  • Respondent to pay Rs. 5,000 as costs to appellant within two weeks; failing which, college to pay and adjust from respondent's future salary