Austin Joseph v. Cochin University of Science & Technology
2001-04-02
K.A.ABDUL GAFOOR
body2001
DigiLaw.ai
JUDGMENT : K.A. Abdul Gafoor, J. Admittedly the petitioner is a Director of Students Welfare. He submits that he is a teacher. Therefore, he shall be continued until the age of 60 years and shall not be retired at the age of 55. He submits that physical education teachers are also considered as teachers. The petitioner further submits that there were litigations with respect to this post in other University and based on an interim order of this Court a person who was working in the Calicut University continued until 60 years. So, the matter has not been finally decided. The petitioner submits that as per the definition of teacher in the Cochin University of Science & Technology Act, he is a teacher. The said definition as contained in S. 3(22) of the Cochin University of Science & Technology Act, 1986 reads as follows: “The teacher means a Professor, Reader, Lecturer or such other person imparting instruction or supervising research in the Dept. School/University or any recognised institutions whose appointment has been approved by the University.” 2. The petitioner is not a Professor. The petitioner is not a Lecturer. The petitioner is not imparting instruction in any discipline in which degree or diploma is imparted by the University or a faculty is constituted. He is not supervising any research. The trump cards of the petitioner are Exts. P3 and P4. Ext. P3 is a certificate stated to be issued by the Vice Chancellor to the effect that the petitioner had organised Kerala State National Service Scheme awards ceremony on 9th February, 2000 in collaboration with the Government of Kerala, for the benefit of the students (NSS volunteers) and NSS programme officers (Lecturers in the colleges) in an efficient manner. It is further stated that he has been handling classes effectively as part of NSS programme. NSS activities are not the academic activity of the University. Disciplines of students in the University do not include National Service Scheme. Teachers are employed only in the faculties where any syllabus is specifically prescribed by the academic counsel. NSS activity is only an extra-curricular activity, so far as the students are concerned. A person engaged in such extra-curricular activity without any relationship to any teaching post cannot be taken as a teacher. If one acts as a resource person in the leadership camps, etc.
NSS activity is only an extra-curricular activity, so far as the students are concerned. A person engaged in such extra-curricular activity without any relationship to any teaching post cannot be taken as a teacher. If one acts as a resource person in the leadership camps, etc. organised by N.S.S., he will not be a teacher in the University. So, Ext. P3 does not in any way improve his case. Equally so is Ext. P4. It is a certificate issued by the Asst. Programme Advisor of Department of Youth Affairs and Sports, Govt. of India. Whether a person is a teacher or not, is not a matter for the Youth Affairs of Govt. of India to certify. The Original Petition fails and is dismissed. When, in law, the petitioner is not thus entitled to any relief, no purpose will be served by directing disposal of his representation Ext. P20 where he claims the same relief.