Court : Supreme Court of India
Brief : Service - Complaint of sexual harassment against approved teachers of Appellant college by non approved teachers - Directions issued by Respondent University freezing appointment of impugned approved teachers on recommendations of Grievance Committee -High Court quashing direction of University - Jurisdiction of Grievance Committee of University - Principle of esjudem generis - Section 2(35) read with Section 53 of Maharashtra University of Health Sciences Act, 1998
Citation : Maharashtra University of Health Sciences and Ors. v. Satchikitsa Prasarak Mandal and Ors. (Decided on 25.02.2010) MANU/SC/0136/2010
Held, on a combined reading of Section 2(35) with Section 53 of the said Act, this Court is of the opinion that in respect of unapproved teachers also Grievance Committee has the jurisdiction to entertain complaint and undertake the statutory exercise conferred on it under Section 53 of the said Act. The definition of teachers under Section 2(35) is wide enough to include even unapproved teacher. The definition of teacher under Section 2(35) cannot be read on the basis of ejusdem generis nor can the definition be confined to only approved teachers. If that is done, then a substantial part of the definition under Section 2(35) would become redundant. That is against the very essence of the doctrine of ejusdem generis. The purpose of this doctrine is to reconcile any incompatibility between specific and general words so that all words in a Statute can be given effect and no word becomes superfluous. It is also one of the cardinal canons of construction that no Statute can be interpreted in such a way as to render a part of it otiose. It is, therefore, clear where there is a different legislative intent, as in this case, the principle of ejusdem generis cannot be applied to make a part of the definition completely redundant. By giving such a narrow and truncated interpretation of `teachers' under Section 2(35), High court has not only ignored a part of Section 2(35) but it has also unfortunately given an interpretation which is incompatible with the avowed purpose of Section 53 of the Act.
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