STATE OF ORISSA & ANR. versus N. N. SWAMY & ORS. ETC.

Citation: [1977] 2 S.C.R. 774 · Decided: 27-01-1977 · Supreme Court of India · Bench: P.K. GOSWAMI, P.N. SHINGAL · Disposal: Dismissed

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Judgment (excerpt)

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774 
STATE OF ORISSA & ANR. 
v. 
N. N. SWAMY & ORS. ETC. 
January 27, 1977 
[P. K. GOSWAMI AND P. N. SHINGHAL, JJ.] 
Constitution of India, Article 16-Private college taken over by State Gov-
ernmem-Absorption of stafj--Consideration of eligibility for appointmelll as· 
Readers-Differentiation betwun similarly situated Readers on ground of draw-
ing salary of Rs. 600/- or more on date of take over, whether a111011111s to denial 
of equal opporllmity for employmelll under Art. 16. 
The respondents were working as Readers in Khallikote College, a private: 
institution which was taken over by the Orissa Government on March 9, 1971. 
A Government circular containing conditions governing taking over the services· 
of the teaching staff of Khallikote College, was issued on March 23, 
1971, 
whereby the respondents were appointed as. lecturers in class II temporarily on 
ad hoc basis for a period of six months. At the end of this period, the names 
of those. Readers who were drawing a salary of Rs. 600/- or more per month· 
on the date of take-over, were recommended to the Public Service Commission 
for the determination of their suitability for 
appointment as Readers. 
The 
respondents and others who were drawing less than Rs. 600/- were not consi-
dered eligible for such recommendation. 
Their writ petition against the deniat 
of equal opportunity under Art. 16 was accepted by the High Court. 
Dismissing the appeals by special leave the Court, 
HELD:-The condition of drawing of Rs. 600/- or more on the date 
of 
takinii over, wlaich has been laid down in the circular as a particular qualification· 
for eligibility for appointment as Reader and later for consideration of their 
suitability by the Public Service Commission for appointment as Reader, 
is 
arbitrary and discriminatory. 
It has no nexus with the object underlying 
the· 
qualification test in an educational institution having regard to the most essen-
tial cendition of intrinsic quality and efficiency of the teachers, and results in 
denial of equal opportunity to the respondents in the, matter of employment' 
under the Government under Art. 16 of the Constitution. [719 C-D, F-G] 
The General Manager Southern Railway v. Rangachari [1962] 2 SCR 586;. 
referred. 
Smt. Juthika Bhattacharya v. The State of Madhya Pradesh and Otiiers: 
[1976] sec 96, distinguished. 
CIVIL APPELLATE JURISDICTION : Civil Appeals Nos. 1357-58 of 
1975. 
(Appeals by special leave from the judgment and order dated 
4-2-1974 of the Orissa High Court in 9.J.C. No. 410/1971). 
M. K. Ramamurthi and B. Parthasarathi, for the appellants. 
Gobind Das, N. V. Rama Das and G. Narayana Rao, for respon-
dents 1-8 in CA 1357/75. 
The Judgment of the Court was delivered by 
GoswAMI, J.-These appeals by special leave are directed against 
the judgment of the Orissa High Court of February 4, 1974. 
There was a private college known by the name of 
Khall~kotei 
College. This is an institution which grew out of a school establtshed 
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ORISSA v. N. N. SWAMY (Goswami, J.) 
7'75 
'in 1856. 
Thei management had to meet with financial cns1s 111 
the 
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past and obtained financial help iri the shape of liberal endowment 
under a trust deed froni the then zamindar of Khallikote. The institu-
.tion, it is stated, became one of .the premier colleges in the town of 
. Behrampur, Ganjam District, Orissa. The College was at first affi-
iiated to the Andhra- University at Waltair· and thereafter to the Utkal 
University, and since 1967 it has been affiliated to the Behrampur 
University. 
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The Government of Orissa took over the management of the 
College on and from March 9, 1971, and a· formal agreement was 
executed between the managing committee of the College and the 
Governor of the State. 
The College was taken over by the Govern-
ment in pursuance of the unanimous resolution of the nianaging· com-
mittee of February 18, 1970, and the transfer to the Government was 
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of all the assets of the College ·but without any liability. The manag-
ing committee continued to be liable for the outstanding liabilities, if 
any, of the College for which Government was not liable, 
The· 
College after the take over was ."administered as a 
Government 
College. 
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The eight writ petitioners in the High Court (Respondents' here-
in) were working as Readers in different faculties in the said College 
.on the date of the aforesaid transfer in the 

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