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

Citation: [2015] 11 S.C.R. 1034 · Decided: 14-01-2015 · Supreme Court of India · Bench: V. GOPALA GOWDA · Disposal: Dismissed
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Judgment (excerpt)

A 
B 
[2015] 11 S.C.R. 1034 
STATE OF KERALA & ORS. ETC. ETC. 
v. 
ARUN GEORGE & ORS. ETC. ETC. 
(Civil Appeal Nos. 8459-8461 of 201 0) 
JANUARY 14, 2015. 
[V. GOPALA GOWDA AND R. BANUMATHI, JJ.] 
C 
Education I Educational Institutions -
Private. 
educational institutions and managements - Payment of 
salary to teachers appointed in the newly commenced 
courses -
Direct Payment System evolved by State 
0 
Government whereby it decided to introduce a scheme of 
direct payment of salaries to teaching and non-teaching staff 
of private colleges, the management of which agreed to 
Government control in the matter of appointment of teaching 
& non-teaching staff, and in the admission of students - 81h 
E respondent-management executed and agreed to the same 
- Vide Government Order, sanction was accorded for starting 
new courses subject to the condition that there will be no 
additional financial commitment on the part of Government 
- Sanction of new courses led to the increase of work load 
F 
and the services of respondent nos. 1 to 7 utilised by the Bth 
respondent-management -
Resppndent nos. 1 to 7 
appointed against sanctioned posts of teachers - Proposal 
forwarded by Bth respondent-management for approval of the 
appointment of respondent nos. 1 to 7 rejected- Writ petition 
G - High· Court held that the conditions relied on by the 
Government were violative of the provisions contained in the 
Direct payment agreement and directed the State to pay 
salary and allowances to the teachers appointed by the 
private managements in the newly commenced courses -
H 
1034 
STATE OF KERALA& ORS. v. ARUN GEORGE & ORS. 
1035 
Justification - Held: Justified- No case of the Government A 
that 81h respondent- management violated the terms of the 
Direct Payment Agreement- For many years1 services of 
respondent nos. 1 to 7 were utilized for imparting instruction1 
invigi/ation and other duties- When respondent nos. 1 to 7 
were appointed by the Statutory Selection Committee1 no B 
reason as to why respondent nos. 1 to 7 should be denied 
the payment of salary- It was oblig_atory for the Government 
to honour these appointments and pay the salary. 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. C 
8459-8461 of 2010 
From the Judgment and Order dated 07.10.2009 of the 
High Court of Kerala at Ernakulam in R.P. Nos. 101 and 180 
of 2008 and W.A. No. 2529 of 2005 
o 
With · 
Civil Appeal Nos. 8463-8464,8466, 8470, 8471-8472, 
8473,8474,8475,8476,8477,8478,8479,8480,8481-8482 
and 8483 of 2010 
E 
Civil Appeal Nos. 1368, 10865, 10867-10868 and 
10869 of 2011 
Civil Appeal No. 1552 of 2012 
Civil Appeal No. 8893-8894 of2014 
Civil Appeal Nos. 1202.;1203 of2015 
F 
C. S. Rajan, Mathai M. Paikaday, Babu Varghese, K. L. G 
Varghese, Jogy Scaria, Bina Madhavan, P. V. Dinesh, P. 1. 
Jose, Alok K. Prasad, Vishwanath Bahuguna, James P. 
Thomas; Rohit Kumar Singh, V. J. Francis, Anupam Mishra, 
Simanta Kumar, M.P. Vinod, Jose Abraham, E. M. S.Anam, 
Dheeraj Nair, Haris Beeran, Mushtaq Salim, Radha Shyam H 
1036 
SUPREME COURT REPORTS 
[2015] 11 S.C.R. 
A 
Jena, M/s. T. T. K. Deepak & Co., K. Rajeev, Dr. K. P. 
Kylasanatha Pillay, A. Venayagam Balao, Ranjith K. C., 
Lakshmi Raman Singh, Harshad V. Hameed, Difeep 
Poollakkot, Sajith P., B. N. Dubey for the Appearing Parties. 
B 
The Judgment of the Court was delivered by 
R. BANUMATHI, J. 1. Leave granted in Special Leave 
Petition (C) Nos. 29423-29424 of 2010. 
2. State of Kerala has filed these_ appeals assailing the 
C order passed by the High Court allowing various review 
petitions filed by the respondents and declaring that the 
conditions relied on by the Government are violative of the 
provisions contained in Direct Payment Agreement and the 
0 
University Statutes and directing the State to pay salary and 
allowances to the teachers who were appointed by the Private 
Managements in the newly commenced courses. 
3. The issue arising in these appeals being similar, the 
cases were heard together and shall stand disposed of by 
E this common order. For convenience, the appeals filed by State 
· of Kerala and others in C.A. Nos. 8459-8461 of 2010 
challenging the order dated 07.10.2009 in R.P. Nos. 101 & 
180 of 2008 and W.A. No. 2529 of 2005 are taken as lead 
F case. 
4. Briefly stated the background facts are as under:-
The State of Kerala accorded sanction on 09. 11.1998 
to the private educational institutions and managements for 
G starting few new courses subject to the condit
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