P. GOPINATHAN PILLAIversusUNIVERSITY OF KERALA & ORS.

                        [2020] 4 S.C.R. 239                              239


                     P. GOPINATHAN PILLAI                                A
                                  v.
               UNIVERSITY OF KERALA & ORS.
                   (Civil Appeal No. 1641 of 2020)
                          APRIL 08, 2020                                 B
         [ASHOK BHUSHAN AND M. R. SHAH, JJ.]
       Kerala University Act, 1974 – s.2(2), (7), (19), (27) and (28)
– Appellant was appointed as Project Officer in Centre for Adult
Continuing Education and Extension (CACEE) – Appointment was
                                                                         C
accorded sanction by University of Kerala – University implemented
the University Grants Commission (UGC) scale of pay to the CACEE
staff – Appellant was also given the UGC pay scale – Appellant
promoted as Assistant Director in the CACEE – UGC revised the
scale of pay of the CACEE at par i.e. Director, Assistant Director
and Project Officer corresponding to the pay scale of Associate          D
Professor, Assistant Professor, Reader, Lecturer – Writ Petition filed
by appellant claiming that he is a teacher of the University within
the meaning of the 1974 Act and that he is entitled to continue in
service upto the age of 60 years and cannot be retired at the age of
56 years – Dismissed – Held: CACEE is not a College within the
                                                                         E
meaning of s.2(7) since as per the pleadings of the University, it is
neither maintained nor affiliated to the University – No material to
indicate that it is an institution recognised by the University within
the meaning of s.2(19) – CACEE is not maintained by the University
and is a self-financing Centre – Appellant not covered by definition
of teacher or the teacher of the University u/ss.2(27) & 2(28) –         F
When the appellant does not fulfil the requirement of definition of
teacher or teacher of University, he cannot claim applicability of
Statute 10 of Chapter 3 of 1977 Statutes – Further, even if it is
assumed that the appellant is imparting instruction in different
courses in CACEE that itself cannot make the appellant a teacher
                                                                         G
within the meaning of s.2(27) & 2(28) – Appellant having never
been appointed as teacher is not covered by the definition of teacher
of the University – Kerala University First Statutes, 1977 – Statute
2 (f); Chapter 3- Statute 10 – Kerala University First Ordinances,
1978 – Chapter XVII – Service Law.
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                                 239
240            SUPREME COURT REPORTS                      [2020] 4 S.C.R.


A           Dismissing the appeal, the Court
            HELD: 1.1 The Centre i.e. CACEE came to be established
      on temporary basis as planned Scheme established by the
      Government of India for the purpose of eradicating illiteracy. The
      University Grants Commission also funded the Centre and as
B     pleaded in the counter-affidavit after 31.03.1997 no Agency having
      come forward to sponsor the Scheme the Syndicate of the
      University resolved to restructure CACEE as a Self-Supporting
      Centre. The University has undertaken to render all the
      Administrative work of CACEE. The Schedule to the First
      Ordinances, 1978 of the Kerala University contains designations
C     of all posts of University including teaching and non-teaching
      posts in various Departments and Centres like University, Service
      and Instructions Centres, Computer Centre, English Language
      Teaching Centre but posts in CACEE are not included in the
      Schedule of the Ordinances which obviously indicates that posts
D     in Centre are not posts in the University. [Paras 20, 21][247-D-
      F]
             1.2 The Centre is not a College within the meaning of
      Section 2(7), Kerala University Act, 1974 since as per the
      pleadings of the University, Centre is neither maintained nor
E     affiliated to the University. There are no materials on record also
      to indicate that the Centre is an institution recognised by the
      University within the meaning of Section 2(19). It is true that the
      Centre is being run as a Centre under the administrative control
      of the University. The definition of Teacher of University in Section
      2(28) also refers to a person employed as Teacher in any
F     institution maintained by the University. From the pleadings on
      the record and the materials which are brought on the record it
      is apparent that the appellant is not covered by definition of
      Teacher or the Teacher of the University under Section 2(27)
      and 2(28) of the Kerala University Act, 1974. When the appellant
G     does not fulfil the requirement of definition of Teacher or Teacher
      of University, he cannot claim applicability of Statute 10 of Chapter
      3 of the Statutes. Even if it is assumed that the appellant is
      imparting instruction in different courses in the Centre that itself
      cannot make the appellant Teacher within the meaning of Section
      2(27) and 2(28). The appellant having never been appointed as
H
P. GOPINATHAN PILLAI v. UNIVERSITY OF KERALA & ORS.                          241


Teacher he is not covered by the definition of Teacher of the                A
University. [Paras 26-27][248-F-H; 249-A-C]
      Dr. K. Sivadasan Pillai v. The University of Kerala and
      Others Decision of Kerala High Court dtd. 20.07.2000
      in C.A No.180 of 1992D; Dr. B. Vijayakumar v. The
      University of Kerala and Others Decision of Kerala                     B
      High Court dtd. 14.06.2005 in W.P (C) No.3141 of
      2004(Y); Dr. V. Reghu v. The University of Kerala and
      another Decision of Kerala High Court dtd. 14.02.06
      in W.P (C) No.25669 of 2004 (E); M.N.C. Bose v.
      University of Kerala and Ors. Decision of Kerala High
      Court dtd. 25.05.2012 in W.P (C) No.15447 of                           C
      2007(L); S. Ramamohana Rao v. A.P. Agricultural
      University and Another (1997) 8 SCC 350 : [1997] 3
      Suppl. SCR 201 – distinguished.
                        Case Law Reference
                                                                             D
[1997] 3 Suppl. SCR 201         distinguished            Para 36
      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1641
of 2020.
      From the Judgment and Order dated 08.07.2016 of the High Court
of Kerala at Ernakulam in W.P. (C) No. 12179 of 2016 (V).                    E
      A.Raghunath, Adv. for the Appellant.
      Jogy Scaria and Ms. Beena Victor, Advs. for the Respondents.
       The Judgment of the Court was delivered by
      ASHOK BHUSHAN, J.                                                      F

        1. This appeal has been filed by the appellant for quashing the
judgment of Kerala High Court dated 08.07.2016 by which Writ Petition
(C)No.12179 of 2016 filed by the appellant claiming to continue in service
till he attains the age of 60 years has been dismissed.
                                                                             G
      2. The brief facts of the case for deciding this appeal are:
      The appellant was appointed as Project Officer in the Centre for
Adult Continuing Education and Extension (hereinafter referred to as
“CACEE”). The appellant joined at the CACEE with effect from
26.12.1989. By letter dated 01.02.1990 of the Deputy Registrar of the
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242            SUPREME COURT REPORTS                           [2020] 4 S.C.R.


A     University of Kerala, University accorded sanction to the appointment
      of the appellant as Project Officer against the post at the CACEE. The
      University of Kerala has also implemented the University Grants
      Commission (UGC) scale of pay to the CACEE staff. The appellant
      was also given the UGC pay scale. The Centre has issued various
      certificates to the appellant that he has been teaching various courses
B
      like the Post Graduate Diploma etc. On 07.12.2012, the appellant was
      promoted as Assistant Director in the CACEE. The University Grants
      Commission revised the scale of pay of the CACEE at par i.e. Director,
      Assistant Director and Project Officer corresponding to the pay scale
      of Associate Professor, Assistant Professor, Reader, Lecturer. Writ
C     Petition (C) No.12179 of 2016 was filed by the appellant before the
      High Court of Kerala seeking a declaration that the appellant is a Teacher
      of the University of Kerala and entitled to continue in service upto the
      age of 60 years.
              3. The appellant’s case was that he cannot be retired at the age
D     of 56 years. The appellant in his writ petition relied on earlier judgments
      of the Kerala High Court including judgment delivered by the High Court
      with regard to the post of Director and Assistant Director of CACEE
      itself. The appellant also filed certificates issued by the Centre to the
      appellant that he while working in the Centre has been associated with
      Teaching Research Extension and other activities. When the writ petition
E     came for consideration before a learned Single Judge, noticing a conflict
      between two judgments i.e. in (1) W.A. 1099 of 1988 and (2) W.A. 180
      of 1992, the learned Single Judge referred the matter to be heard by a
      Division Bench.
             4. The case of the appellant was contested by the University. The
F     Division Bench after scanning the two judgments with regard to which
      conflict was noticed, observed that the said judgments were delivered in
      the peculiar facts and circumstances arising in each case and there was
      no justification for reference. The Division Bench proceeded to consider
      the merits of the controversy and held that the appellant is not a Teacher
G     of the University and is not entitled to continue till the age of 60 years.
      The writ petition was consequently dismissed. Aggrieved by the judgment
      of the Division Bench, this appeal has filed by the appellant.
             5. We have heard Shri A. Raghunath, learned counsel appearing
      for the appellant and Shri Jogy Scaria, learned counsel for the respondent.
H
P. GOPINATHAN PILLAI v. UNIVERSITY OF KERALA & ORS.                            243
                [ASHOK BHUSHAN, J.]

        6. Learned counsel for the appellant submits that the appellant is     A
working as Assistant Director in CACEE, a Teacher defined in Section
2(27) and 2(28) of the Kerala University Act, 1974, hence, he is entitled
to all the benefits of a Teacher of the University including the age of
retirement being 60 years. It is submitted that the University of Kerala
itself placed the appellant in the senior scale for lecturer under the UGC
                                                                               B
Scheme with effect from 24.05.1997.
       7. Learned counsel for the appellant submits that UGC way back
in 1993 directed that the staff working in CACEE be treated at par with
other Teaching staff working in other faculties of the Universities. It is
submitted that the High Court of Kerala has delivered several judgments
declaring that the staff of CACEE particularly posts of Project Director,      C
Assistant Director etc. are ‘Teachers’ and entitled to continue till the
age of 60 years.
       8. Learned counsel for the appellant referring to various
certificates issued by CACEE submits that the appellant has been
recognised as being engaged in teaching and research work. It is submitted     D
that the High Court erred in dismissing the writ petition of the appellant
by holding that the appellant is not the Teacher of the University as
defined in Section 2(28) of the Kerala University Act.
       9. Learned counsel for the University refuting the submissions of
the learned counsel for the appellant contends that CACEE in which the         E
appellant was employed is not a Statutory University Department of
study and research as defined in the statutes of the University. CACEE
is not affiliated to the University. CACEE is one of the many Schemes
sponsored by outside funding Agencies like UGC. Initially CACEE was
started on a temporary basis as a planned Scheme established by the            F
Government of India for the purpose of eradicating illiteracy in the society
and was operative till 31.03.1997. No Agency having come forward to
sponsor the Scheme. The Syndicate of the University taking into account
the despair of the staff took a view and resolved to restructure CACEE
as a Self-Supporting Centre. The normal date of the retirement of the
employees of CACEE is 56 years, some of the employees of CACEE                 G
who were allowed to continue upto to the age of 60 years wherever
there was direction of the High Court in respective cases. The appellant
was never appointed on a teaching post rather he was appointed on an
administrative post which was a temporary post. The judgments of the
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244            SUPREME COURT REPORTS                          [2020] 4 S.C.R.


A     Kerala High Court relied by the counsel for the appellant are
      distinguishable and they were delivered in the facts of each case.
            10. We have considered the submissions of learned counsel for
      the parties and perused the records.
             11. The only point to be determined in this appeal is as to whether
B     the appellant working as Assistant Director in CACEE was entitled to
      continue till 60 years of age which was the age of retirement of Teacher
      of the Kerala University or he was to retire at the age of 56 years.
            12. The claim in the writ petition was that he is a Teacher of the
      University within the meaning of Kerala University Act, 1974. Hence,
C     he was entitled for the benefit of retirement of the age as prescribed for
      the Teachers of the University. We may first notice the provisions of the
      Kerala University Act, 1974, the Kerala University First Statutes, 1977
      and Kerala University First Ordinances, 1978.
            13. Section 2 of the Kerala University Act, 1974 is a definition
D     clause. Section 2 sub-section (2) defines ‘affiliated college’. Section
      2(7) defines ‘college’. Section 2(19) defines ‘recognised institution’.
      Section 2(27) defines ‘teacher’ and Section 2(28) defines ‘teacher of
      the University’.
            14. In the Kerala University First Statutes, 1977, Statute 2 sub-
E     clause (f) defines ‘Department’ which is to the following effect:
            “Section 2(f)”Department” means a Kerala University Department
            of Study and/or Research or a Department functioning for a
            specific purpose maintenance at the cost of the Kerala University
            Fund;”
F
           15. Chapter 3 of the Statutes deals with “Teachers of the
      University”. Statute 10 under Chapter 3 is as follows:
            “10. Applicability of certain Rules to University Teachers.-
            Subject to the provisions of the Kerala University Act, 1974 and
            the Statutes’ issued thereunder, the Kerala Service Rules, the
G           Kerala State and Subordinate Service Rules, and the Kerala
            Government Servant’s Conduct Rules for the time being in force
            as amended from time to time shall mutatis mutandis apply to
            the teachers of the University, with such modifications as the
            context may require and the expression “Government” in those
H           Rules shall be construed as a reference to the “University”.
P. GOPINATHAN PILLAI v. UNIVERSITY OF KERALA & ORS.                        245
                [ASHOK BHUSHAN, J.]

           Provided that the age of retirement of teachers of the          A
      University shall be 60.”
       16. The Kerala University First Ordinances, 1978, Chapter XVII
deals with scales of pay, qualification etc. of various posts in the
University. The Schedule to the Ordinances contains details of all the
posts in the University including the posts in different Departments,      B
Institutes, Colleges.
       17. The appellant admittedly was appointed in CACEE with effect
from 26.12.1989 which received the sanction of the University by letter
dated 01.02.1990. Letter dated 01.02.1990 has been brought on the record
as Annexure-P-2. The Order dated 01.02.1990 reads:                         C
                               “ORDER
            Selection was made to the posts of Assistant Directors and
      Project Officers in the Centre for Adult Education and Extension,
      University of Kerala. The Director, Centre for Adult Education
      and Extension has, vide his letter read above, reported that the     D
      following officers have reported for duty.
      1. Dr. V. Reghu             -       Assistant Director
      2. Smt. A.R. Supriya        -       Assistant Director
      3. Sri.P. Gopinathan Pillai -       Project Officer                  E
      4. Sri. K. Mohandas         -       Project Officer
      Sanction has therefore been accorded by the
      Vice Chancellor to:-
                ***               ***             ***                      F
                ***               ***             ***
      “All the above appointments are made against the posts at the
      Centre for Adult Education and Extension created temporarily till
      31.03.1990 coming under Point No.16 of the new 20 point
                                                                           G
      programme relating to eradication of illiteracy and spread of
      Universal Elementary Education.
                                                        K.M. MATHEW
                                      DEPUTY REGISTRAR (Admn-1)”
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246            SUPREME COURT REPORTS                           [2020] 4 S.C.R.


A            18. The judgment of the High Court does not mention any details
      of the establishment, nature and organisation of the Centre i.e. CACEE.
      However, in the counter-affidavit (sworn by Dr. M. Jayaprakas, Registrar-
      in-charge of the University of Kerala) filed in this appeal, the details of
      Centre have been elaborately pleaded. Paragraphs 5 and 6 of the counter-
      affidavit which are relevant for the present case are as follows:
B
            “5. It is submitted that Centre for Adult continuing Education and
                Extension (CACEE) in which the petitioner was an employee
                is not a Department or Institution instituted by Kerala
                University Authorities viz, the Senate, Syndicate or any other
                statutory body under the provisions of the aforesaid Act or
C               Statutes. But the CACEE is one of the many schemes
                sponsored by outside funding agencies like UGC.
            6. The Centre for Adult continuing Education and Extension
               (hereinafter referred as CACEE) is not a Department or an
               institution or even a Study Centre instituted under the Kerala
D              University Act, Statutes or Regulations. CACEE was only
               one among the schemes sponsored and functioning by way of
               funding from outside agencies like the UGC. Initially CACEE
               was started on a temporary basis as a planned Scheme
               established by the Government of India, for the purpose of
E              eradicating illiteracy in the society and was operative till
               31.03.1997. Thereafter no agency had come forward to
               sponsor the scheme. All members, including the staff were
               under the threat of termination from service. In such
               circumstances, the Syndicate of the Respondents taking into
               account the despair of the staff, took a lenient view and
F              resolved to restructure, CACEE, as a Self-Supporting Centre,
               on the specific ground that the total expenditure of the Scheme,
               should be limited to the revenue generated and remitted to the
               Kerala University, by the Scheme. The Syndicate further
               resolved that the salary for the staff of CACEE would be
G              paid out of the fund remitted to the University, and in return,
               the University would render all the Administrative work of
               CACEE, without any overhead charges or fee. As per the
               terms of the Scheme, the staff therein, were to retire at the
               age of 56. The service conditions, of a member under the
               Kerala University Service, are governed by the Kerala
H
P. GOPINATHAN PILLAI v. UNIVERSITY OF KERALA & ORS.                           247
                [ASHOK BHUSHAN, J.]

          University Act, Statutes and Ordinances. All members under          A
          the Kerala University service are appointed against posts
          instituted as per the Kerala University Act, Rules and
          Regulations. Facts being so, the staff under CACEE, are not
          governed by the Kerala University Act. Ordinance, and Statutes
          as they are not members under the Kerala University Service.”
                                                                              B
       19. Although rejoinder-affidavit has been filed by the appellant to
the above counter-affidavit of the University but neither there is any
reply to the counter-affidavit nor details mentioned in paragraphs 5 and
6 of the counter-affidavit regarding nature of the establishment of the
Centre has been refuted. We, thus, proceed to rely on the pleadings
made in the counter-affidavit regarding the establishment and the nature      C
of the Centre.
       20. The Centre i.e. CACEE came to be established on temporary
basis as planned Scheme established by the Government of India for the
purpose of eradicating illiteracy. The University Grants Commission also
funded the Centre and as pleaded in the counter-affidavit after 31.03.1997    D
no Agency having come forward to sponsor the Scheme the Syndicate
of the University resolved to restructure CACEE as a Self-Supporting
Centre. The University has undertaken to render all the Administrative
work of CACEE.
       21. The Schedule to the First Ordinances, 1978 of the Kerala           E
University contains designations of all posts of University including
teaching and non-teaching posts in various Departments and Centres
like University, Service and Instructions Centres, Computer Centre,
English Language Teaching Centre but posts in CACEE are not included
in the Schedule of the Ordinances which obviously indicates that posts        F
in Centre are not posts in the University. Chapter 3 of the Statutes of the
University specifically provides for the Institution of Posts. Statute 1
under Chapter 3 is as follows:
      “1. Institution of Posts.- The Senate shall be competent to
      institute Professorships, Readerships, Lecturerships, and such other    G
      teaching and research posts required by the University on the
      motion of the Syndicate and/or on the proposals of the Academic
      Council therefore endorsed by the Syndicate.”
      22. Had all the posts in the Centre have been instituted by Senate,
they ought to have been included in the University, the posts of the Centre
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248             SUPREME COURT REPORTS                           [2020] 4 S.C.R.


A     are not the posts instituted by the Syndicate and not the posts of the
      University.
             23. We come to the definition of Teacher as defined in Section 2
      of the Kerala University Act, 1974. Section 2(27) provides as:
            “2(27) “teacher” means a principal, professor, associate professor,
B           assistant professor, reader, lecturer, instructor, or such other person
            imparting instruction or supervising research in any of the colleges
            or recognised institutions and whose appointment has been
            approved by the University;”
             24. The condition precedent is that such person should be imparting
C     instruction or supervising research in any of the Colleges of the recognised
      institutions. Section 2(28) reads as:
            “2(28).”teacher of the University” means a person employed as
            teacher in any institution maintained by the University.”

D            25. College and recognised institution have been defined in Section
      2(7) and 2(19) as follows:
            “2(7). “college” means an institution maintained by, or affiliated
            to the University, in which instruction is provided in accordance
            with the provisions of the Statutes, Ordinances and Regulations;
E           2(19). “recognised institution” means an institution for research
            or special studies, other than an affiliated college recognised as
            such by the University;”
             26. The Centre is not a College within the meaning of Section
      2(7) since as per the pleadings of the University, Centre is neither
F     maintained nor affiliated to the University. There are no materials on
      record also to indicate that the Centre is an institution recognised by the
      University within the meaning of Section 2(19). It is true that the Centre
      is being run as a Centre under the administrative control of the University.
      The definition of Teacher of University in Section 2(28) also refers to a
      person employed as Teacher in any institution maintained by the University.
G     The High Court in the impugned judgment has held that the appellant
      was never employed as Teacher hence he is not covered by Section
      2(28). From the pleadings on the record and the materials which are
      brought on the record it is apparent that the appellant is not covered by
      definition of Teacher or the Teacher of the University under Section
H     2(27) and 2(28) of the Kerala University Act, 1974. When the appellant
P. GOPINATHAN PILLAI v. UNIVERSITY OF KERALA & ORS.                          249
                [ASHOK BHUSHAN, J.]

does not fulfil the requirement of definition of Teacher or Teacher of       A
University, he cannot claim applicability of Statute 10 of Chapter 3 of
the Statutes.
       27. Much emphasis has been laid down by the learned counsel
for the appellant on different certificates issued by the Centre where it
has been mentioned that the appellant is imparting instruction in various    B
courses like Post Graduate Diploma in Extension and Field Outreach,
Diploma in Non-Formal Education, Master of Human Resource
Management and PG Certificate Courses etc. Even if it is assumed that
the appellant is imparting instruction in different courses in the Centre
that itself cannot make the appellant Teacher within the meaning of
Section 2(27) and 2(28). The appellant having never been appointed as        C
Teacher he is not covered by the definition of Teacher of the University.
        28. Now we need to notice various judgments of the Kerala High
Court which have been relied by the learned counsel for the appellant in
support of his case. The first judgment which has been relied by the
learned counsel for the appellant and has also been relied in subsequent     D
judgments of the Kerala High Court itself is a Division Bench judgment
in C.A.No.180 of 1992D decided on 20.07.2000 in Dr. K. Sivadasan
Pillai vs. The University of Kerala and others. Dr. Pillai was working
as a Reader in the Department of Education of the University of Kerala
whereafter he was appointed as Director of the Centre i.e. CACEE.            E
The writ petition filed by Dr. Pillai was dismissed hence the appeal was
filed. The Division Bench granted interim stay under which Dr. Sivadasan
was continued in the post and retired at the age of 60 years. The Division
Bench in its decision made following observation in paragraph 2 of the
judgment:
                                                                             F
      “2…………The appellant/petitioner was a Reader in the
      University. Thereafter he was selected and appointed as the
      Director of Centre for Adult Education and Extension. The Pro-
      Vice Chancellor of the University had given a certificate, Annexure
      IX, wherein it is stated that appellant/petitioner, Director, Centre
      for Adult Education and Extension, University of Kerala, was           G
      teaching students of Post Masters Diploma in Adult Education
      and Continuing Education while he was the Pro-Vice-Chancellor
      of the University. Several other documents were also produced
      by the appellant/petitioner to show that he was holding the post of
      teaching as a Director in the Adult Education Department. It is        H
250            SUPREME COURT REPORTS                            [2020] 4 S.C.R.


A           contended that appellant/petitioner did not produce these
            documents in the original petition because there was no such
            counter by the University.”
              29. Dr, Sivadasan worked as Reader in the University and finally
      continued till 60 years because as Reader he was admittedly worked as
B     a Teacher of the University. It appears that before he attained the age
      of superannuation as Teacher, he was appointed as Director of the Centre,
      he had lien on the post of Reader as well as he was entitled to continue
      till the age of 60 years with all retiral benefits. The conclusion of the
      High Court itself was to the following effect:
C           “3……………The documents produced by the petitioner shows
            that he was holding the post of Teacher while he was working as
            Director in the Centre for Adult Education and Extension.”
             30. The above case, thus, was a case where the appellant was
      holding a Teaching post in the University and thereafter, he was appointed
D     as Director and had rightly held by the High Court to continue him till 60
      years.
             31. The next judgment relied by the counsel for the appellant is
      the judgment of Kerala High Court dated 14.06.2005 in W.P.(C) No.3141
      of 2004(Y), Dr. B. Vijayakumar vs. The University of Kerala and
E     others. In the above case the writ-petitioner was also working as
      Director, and reliance was placed on the judgment in Writ Appeal No.180
      of 1992. The learned Single Judge relying on the Division Bench judgment
      in Dr. Sivadasan Pillai allowed the writ petition. In paragraph 3 of the
      judgment learned Single Judge himself has observed as follows:

F           “3. The Learned Counsel for the University would submit that the
            said Dr. K. Sivadasan Pillai was retaining his lien in the Department
            of Education and therefore his case cannot be treated at par with
            that of the petitioner. When a Division Bench of this Court
            categorically holds that the post of Director in CACEE is the post
            of a teacher and therefore the incumbent is entitled to continue till
G           he attains the age of 60 years, then I need not look any further to
            hold that the petitioner also is holding the post of teacher and
            therefore entitled to continue till he attains 60 years of age.
            Therefore, I have absolutely no hesitation in holding that the
            petitioner is holding the post of a teacher as Director in the CACEE.
            As such, he is entitled to continue in service till he attains the age
H
P. GOPINATHAN PILLAI v. UNIVERSITY OF KERALA & ORS.                            251
                [ASHOK BHUSHAN, J.]

      of 60 years. It is declared so. The petitioner will be entitled to all   A
      consequential benefits. The Writ Petition is allowed as above but
      without no order as to costs.”
       32. Learned Single Judge although noted the distinguishing feature
of case of Dr. Pillai that he had lien in the Department of Education, but
without adverting to the distinguish facts of Division Bench judgment          B
and without adverting as to how the writ petitioner was a Teacher within
the meaning of Kerala University Act, the writ petition was allowed.
The above judgment of the learned Single Judge having mechanically
followed the Division Bench judgment in W.A.No.180 of 1992 cannot
come to the rescue of the appellant.
                                                                               C
      33. Another judgment relied by the appellant is the judgment of
the Kerala High Court dated 14.02.2006 in Writ Petition (C) No.25669
of 2004(E) in Dr. V. Reghu vs. The University of Kerala and another.
Learned Single Judge in the above case also relying on the Division
Bench judgment in W.A. No.180 of 1992 filed by Dr.K. Sivadasan Pillai
has made the following observation in paragraph 8:                             D

      “8……………There is overwhelming evidence and materials on
      record to show that the petitioner by discharging the duties of
      Assistant Director of CACEE has been imparting instruction at
      the Centre right from his appointment in the year 1980.”
                                                                               E
       34. Learned Single Judge has, thus, relied on the claim of the writ
petitioner that while discharging the duty of Assistant Director the
petitioner has been imparting instruction at the Centre. How only by
imparting instruction the petitioner had become Teacher within the
meaning of Section 2(27) and 2(28) was neither been dealt with nor
considered.                                                                    F
       35. Another case which has been relied by the appellant is judgment
dated 25.05.2012 in W.P.(C)No.15447 of 2007(L), M.N.C. Bose vs.
University of Kerala and Ors. In the above case, the writ petitioner
was working as Director of Students Services which was a non-teaching
post as per Ordinances of the University which fact was noticed in             G
paragraph 2 of the judgment. Learned Single Judge proceeded to held
that while working as Director of Students Services the writ petitioner
as per duties and functions was imparting instruction. The said case has
no relevance in the facts of the present case since the post of Students
Services was admittedly post within the University whereas the none of
                                                                               H
252            SUPREME COURT REPORTS                          [2020] 4 S.C.R.


A     the posts in Centre is included in the Ordinances hence the said case is
      clearly distinguishable.
             36. Learned counsel for the appellant has also relied on the
      judgment of this Court inS. Ramamohana Rao vs. A.P. Agricultural
      University and another, 1997 (8) SCC 350. In the above case the
B     appellant was working as a Director of Physical Director in the Bapatla
      Agricultural College. The appellant was initially appointed as Physical
      Director in Agricultural College which was a Government College which
      College stood transferred to the Andhra Pradesh University, when it
      was formed, the services of the appellant stood transferred to the
      Agricultural University and he continued to work as Director in the said
C     University. This Court noted the definition of Teacher in the University
      Statutes and came to the conclusion that Physical Director is also Teacher
      within the meaning of Section 2(n) of the Andhra Pradesh Agricultural
      University Act, 1963. The said judgment has no bearing in the present
      case since admittedly the appellant in the said case was working in the
D     University as Director of Physical Education.
             37. We may also notice one of the letters dated 31.10.2014 brought
      on record as Annexure-P-17 to the petition which is a communication by
      the Government of Kerala according sanction for merging the Centre
      for Adult, Continuing Education & Extension which is to the following
E     effect:
                                     “ORDER
                   Sanction is accorded for merging the Centre for Adult,
            Continuing Education & Extension (CACEE) which is functioning
            as Self Financing Centre under the University of Kerala, with
F           Institute of Distance Education so that the department can function
            in dual mode as Institute of Distance and Adult Continuing
            Education.
                                                   (By order of the Governor)
                                                       Dr. K.M. ABRAHAM
G
                                                  Additional Chief Secretary.”
             38. As per the Government letter Centre has been merged with
      Institute of Distance Education, what are the consequences of merger
      of Centre with Institute of Distance Education have neither been
H     explained by the appellant nor there are any material to come to the
P. GOPINATHAN PILLAI v. UNIVERSITY OF KERALA & ORS.                             253
                [ASHOK BHUSHAN, J.]

conclusion that by such merger the Centre shall become Centre                   A
maintained by the University. The above letter of the Government also
supports our conclusion that Centre is not maintained by the University
and it is Self-Financing Centre. The said letter also in no manner supports
the case of the appellant as the claim of the appellant as raised in this
appeal.
                                                                                B
       39. In view of the foregoing discussion, we do not find any merit
in the appeal which is dismissed accordingly.


Divya Pandey                                                Appeal dismissed.
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