IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 2ND JULY 2007 / 11TH ASHADHA 1929 WP(C).No. 11068 of 2007(P) -------------------------- PETITIONER: ------------------- RAJANI RAJAN, KUZHIKANDATHIL HOUSE, KARIKODE P.O., KOTTAYAM DIST- 686610. BY ADV. SRI.RAFFEEKH.K RESPONDENTS: --------------------- 1. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., 673 635. 2. THE DEPUTY REGISTRAR (G & AIII), UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., 673 635. 3. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., 673 635. ADDL.R4 IMPLEADED: R4. AJITHA.P., RAGAM, KOLAKKAD.P.O., ATHOLI, CALICUT - 673 315. IMPLEADED AS PER ORDER ON IA.5438/2007 DT.1/6/2007. BY ADV. SRI.P.J.MATHEW SRI.P.C.SASIDHARAN, SC, CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 2/7/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 11068 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2007. J U D G M E N T Petitioner was engaged as a Guest Lecturer by the University of Calicut at its Centre for Health Sciences. It is not in dispute that the engagement was on a contract basis with a stipulation to pay a consolidated remuneration of Rs.6500/- per month. 2. The grievance of the petitioner is that she has been unceremoniously discharged from service even without issuing a notice to her or affording an opportunity to be heard. Ext.P5 order issued by the University shows that the Syndicate had resolved to “oust” the petitioner, since it was noticed that she was not qualified to hold the post of Lecturer in Medical Microbiology. 3. It is contended by the petitioner that the above view taken by the University is totally illegal and unsustainable. It is also contended by her that even assuming that the University was of the view that the petitioner could not continue in service, she ought to have been given two months notice at least. Learned counsel has invited my attention to some of the relevant clauses of the agreement which was admittedly executed between her and the University. 4. Learned standing counsel while admitting that the University had not issued notice to the petitioner contends that the action of the University was not totally irregular as canvassed by the petitioner. It had come to the notice of the Syndicate that petitioner did not possess the requisite qualification. Sub-clause (b) of Clause WP.11068/07 2 3 of the agreement enables the University to terminate the service of the party of the first part (the petitioner) if found unsuitable for the efficient performance of duties. 5. It may be true that going by the terms of the agreement, the University could terminate the service of the petitioner. But courtesy, if nothing else, atleast demanded that she was put on notice before her removal from service. Anyhow, in the peculiar facts and circumstances of the case I am of the view that the matter can be closed here itself without relegating the petitioner to the authority concerned for a re- appraisal or reconsideration of the matter. 6. Ext.P5 order shall be treated as a notice and the University shall pay a sum of Rs.6500/- to the petitioner, being one month's remuneration . It is made clear that the above order is passed in the peculiar facts and circumstances of this case. The University shall make the payment within 2 weeks from the date of receipt of a copy of this judgment. Writ Petition is disposed of in the above terms. A.K. Basheer Judge. an.