STATE OF KERALA & ORS. ETC. ETC. versus ARUN GEORGE & ORS. ETC. ETC.

When teachers are appointed by Statutory Selection Committee to sanctioned posts in aided courses at private colleges that have entered into Direct Payment Agreement, it is obligatory for the Government to honor these appointments and pay salary, regardless of subsequently imposed condition of no additional financial commitment.

Parties: Appellant: State of Kerala & Ors.; Respondent: Arun George & Ors.; Respondent: 8th respondent management
Jurisdiction: India
Judgment Date: 14 January 2015
Procedural Posture: Civil Appeal / Final Judgment
Outcome: Appeals dismissed
Legal Topics: Direct Payment System, Payment of Salaries to Teachers, Government Financial Commitment, Private Educational Institutions

Education Law Direct Payment System Payment of Salaries to Teachers Government Financial Commitment Private Educational Institutions

Case Brief

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Full judgment text Legal principles 1 Authorities cited 4 Party arguments 2

Parties

State of Kerala & Ors.

Appellant

Arun George & Ors.

Respondent

8th respondent management

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

1 Whether the State Government is bound to pay salary to teachers appointed to new courses in private colleges despite conditions of no additional financial commitment.
2 Whether conditions imposed by Government violate provisions of Direct Payment Agreement and University Statutes.

Ratio Decidendi

Court Disposition

Appeals dismissed

Orders

State to pay salary and allowances to teachers appointed by private managements in newly commenced courses.
Connected appeals dismissed.