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    <title>2014 (12) TMI 1403 - KERALA HIGH COURT</title>
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    <description>A writ under Article 226 was held maintainable against a minority aided college where breach of statutory duties was alleged, because the action was tested against public law obligations. The Court also treated the impugned order as non-penal under Section 63(6) of the Mahatma Gandhi University Act, so no statutory appeal lay to the University Tribunal. It further found that the Principal&#039;s appointment was a substantive direct recruitment, not a five-year deputation. On that basis, the college&#039;s termination and attempted reversion were contrary to the Act, Statutes, and service rules, and were quashed; compensatory monetary relief was granted instead of reinstatement.</description>
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      <link>https://www.taxtmi.com/caselaws?id=304933</link>
      <description>A writ under Article 226 was held maintainable against a minority aided college where breach of statutory duties was alleged, because the action was tested against public law obligations. The Court also treated the impugned order as non-penal under Section 63(6) of the Mahatma Gandhi University Act, so no statutory appeal lay to the University Tribunal. It further found that the Principal&#039;s appointment was a substantive direct recruitment, not a five-year deputation. On that basis, the college&#039;s termination and attempted reversion were contrary to the Act, Statutes, and service rules, and were quashed; compensatory monetary relief was granted instead of reinstatement.</description>
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