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Synopsis

The Supreme Court has directed a medical College to pay compensation to three lecturers whose services were terminated due to subsequent regulations terming their appointment as void ab initio.

A bench of Justices Abhay S Oka and Rajesh Bindal said reasonable compensation has to be provided in lieu of their reinstatement in exercise of the jurisdiction under Article 142 of the Constitution of India.
 
The court 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 nine percent from the date of order till the actual date of disbursal. Besides, it ordered for payment of Rs 50,000 cost to each of them.

K J Somaiya Medical College and Research Centre and another filed an appeal against the Bombay High Court's judgement of 2007 to consider reinstatement of the three lecturers in terms of 2006 resolution of the grievance redressal committee of the University of Mumbai.

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 University. The HC also held that the 1998 Regulations will have no application since the said three lecturers were teaching from the years 1991-92 and 1992-93. 

In its decision, the bench said, "We do not find any error in the judgement and order of the High Court".

"We must note here that the stand of the Medical Council of India, all along, is that the said three lecturers were not qualified to teach in the Medical College. 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 noted after June 21, 2004, the date of termination till date, none of the three lecturers had worked as a teacher.

It also pointed out the HC's judgement was based on a concession by the appellants that on the date of the appointment, the said three lecturers were qualified.

"The appellants did not comply with the judgement. Therefore, compensation has to be paid by them," held the court.