SC awards compensation to lecturers whose services were terminated due to subsequent regulations

The Supreme Court has awarded compensation to three women lecturers of a medical college since their services were terminated due to subsequent regulations declaring their appointment as without any legal basis.

A bench of Justices Abhay S Oka and Rajesh Bindal directed for payment of Rs 11 lakh to Dr Medha V Joshi, Rs 7.2 lakh to Anjali Khavnekar and Rs 7.1 lakh to Smita Karandikar with 9% interest, besides Rs 50,000 cost to each of them.

In the case, the court noted the termination order was issued on June 21, 2004, and since then, none of the three lecturers have worked as a teacher.

Therefore, a reasonable compensation has to be provided in lieu of their reinstatement in exercise of the jurisdiction under Article 142 of the Constitution, the court said.

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The matter arose out an appeal filed by K J Somaiya Medical College and Research Centre against the Bombay High Court's judgement in 2007 to consider reinstatement of the three lecturers.

The HC had noted the three lecturers were duly qualified in terms of the regulations existing at the time of their appointment and that the Medical Council of India never raised any objection to their appointments till the date the Medical College got affiliated to the Mumbai University. The HC also held that the 1998 Regulations will have no application since the three lecturers were teaching from the years 1991-92 and 1992-93.

The apex court's bench said we do not find any error in the judgement and order of the High Court.

"Considering the passage of time and the stand of the Medical Council of India, we are of the view that it will not be appropriate at this stage to grant reinstatement," the bench said.

The court also pointed out since the HC's judgement was passed on a concession by the appellants that on the date of the appointment, the said three lecturers were qualified. Therefore, compensation has to be paid by them, it said.