High Court Kerala High Court

Shibu Skaria vs State Of Kerala on 4 April, 2008

Kerala High Court
Shibu Skaria vs State Of Kerala on 4 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23364 of 2007(F)


1. SHIBU SKARIA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DIRECTOR OF TECHNICAL EDUCATION,

3. THE JOINT DIRECTOR,

4. MAHATMA GANDHI UNIVERSITY,

5. MAR ATHANASIUS COLLEGE OF ENGINEERING,

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  :SRI. T.A. SHAJI, SC, M.G.UNIVERSITY

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/04/2008

 O R D E R
                         S.SIRI JAGAN, J.
                     =======================
                      W.P.(C) No.23364 of 2007(F)
                     =======================

                  Dated this the 4th day of April, 2008


                            JUDGMENT

A very difficult situation which would affect the future of

the students of a College is presented before me by a Lecturer

who has been appointed by the manager to save the situation.

There are posts of Lecturers, Assistant Professors and Professor

in the Department of MCA in the 5th respondent’s college. The

post of Assistant Professors and Professor are lying vacant in

spite of several attempts to get the same filled up by qualified

hands through direct recruitment. The existing Lecturers are

also not qualified to be promoted to those posts. In the above

circumstances, the management appointed the petitioner as a

Lecturer in one of the posts of Assistant Professors. However,

the appointment was not approved. In view of the peculiar

circumstances, letters were exchanged between the Government,

management and the University. Nobody took any definite

decision regarding the same, apparently, because of the fact that

W.P.(C) No.23364/2007/F -2-

such promotion would go counter to the AICTE norms. They can

approach the AICTE for appropriate orders, if the Government

conveys their no objection for the same. The Government

Pleader submits that the Government cannot permit this because

it is against the existing norms and rules. It is also stated that

after the earlier attempts the management has not attempted

any fresh selection by direct recruitment again.

2. I have considered rival contentions in detail. I am of

the opinion that since the very object of a college is to teach

students, when there are no sufficient qualified hands available

the students cannot be allowed to suffer because of lack of

qualified hands available for promotion or for direct recruitment.

Here is a situation whereby the management is unable to obtain

qualified hands either by direct recruitment or by promotion to

the post of Assistant Professor. In such circumstances, it is

imperative that some way out should be found, for providing

faculty to teach students, since unless there are sufficient

faculty in the College to teach the students, the students would

W.P.(C) No.23364/2007/F -3-

suffer. Admittedly, when the post of Assistant Professors and one

post of Professor are lying vacant, the petitioner and the 5th

respondent can approach the AICTE for appropriate orders only if

the Government conveys its no objection in this regard. In the

above circumstances, this writ petition is disposed of with the

following directions:

The Government shall give its no objection for appointment

of the petitioner in any one of the post of Assistant Professors

lying vacant so that the 5th respondent can seek approval of

their action with the support of that no objection. This shall be

done within one month from the date of receipt of a copy of the

judgment. On receipt of the same, the management shall

address the AICTE detailing the circumstances seeking approval

for their action. If the AICTE approved the same, the

Government shall accord sanction and the University shall

approve the appointment of the petitioner in accordance with the

approval of the AICTE. I make it clear that if any other qualified

hands become available, either by promotion from Lecturer or by

W.P.(C) No.23364/2007/F -4-

direct recruitment, the petitioner shall either be terminated from

service or if there is a vacant post of Lecturer available, adjust

him against that post.

The writ petition is disposed of as above.

S.SIRI JAGAN, JUDGE
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