High Court Kerala High Court

State Of Kerala Represented By The vs Nileema.C.B. on 3 November, 2010

Kerala High Court
State Of Kerala Represented By The vs Nileema.C.B. on 3 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24394 of 2010(Y)


1. STATE OF KERALA REPRESENTED BY THE
                      ...  Petitioner
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE DEPUTY DIRECTOR OF COLLEGIATE

                        Vs



1. NILEEMA.C.B., LECTURER IN BOTONY,
                       ...       Respondent

2. MANAGER, SREE NARAYANA COLLEGES,

3. THE UNIVERSITY OF KERALA REPRESENTED BY

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY.

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :03/11/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                  W.P.(C). NO. 24394 OF 2010 Y
             ------------------------------------------------------
            Dated this the 3rd day of November, 2010


                                JUDGMENT

The Writ Petition is filed by the State of Kerala, Director of

Collegiate Education and the Deputy Director of Collegiate

Education. The prayer in the Writ Petition is to issue a writ of

certiorari to quash Ext.P2 issued by the University of Kerala, by

which the University accorded sanction for approval of the initial

appointment of the first respondent and others. The interim order

prayed for in the Writ Petition was to stay all further proceedings

pursuant to Ext.P2 order. When the Writ Petition came up for

admission on 4.8.2010, an interim order of stay for a period of one

month was granted. Later on 20.8.2010, the following interim order

was passed by another learned single Judge:

“The petitioners shall file a statement as to the

number of existing lecturers including the 1st

respondent, working as Lecturer in Botany Department

under the corporate management of Sreenarayana

Colleges, Kollam. Statement shall also contain details

as to whether any of them had been relieved from the

W.P.(C) NO.24394 OF 2010

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service of 3rd respondent and whether the petitioner

could be accommodated within the sanctioned strength.

In case, the appointment of the petitioners falls within

the sanctioned strength, respondents 2 and 3 shall take

appropriate steps to draw and disburse salary to the

petitioners.

Post on 12.10.2010.”

2. Pursuant to the interim order dated 20.8.2010, the second

petitioner filed a statement dated 21.10.2010. For the sake of

convenience, paragraphs 2 to 6 of the statement are quoted below:

“2. On the verification of the vacancy position in

Botany under the S N Corporate Management College

affiliated to the University of Kerala, the total number of

permanent post of Lecturers in Botany is 27, where in

the petitioner had been appointed as the 28th person.

The approval of the petitioner being the junior most in

the Department of Botany interfered with and the

approval of the University was without taking into

account of the workload in all the Colleges managed by

the 2nd respondent affiliated to the 3rd respondent.

3. On the basis of Pre-Degree de-linking from the

Colleges, Government had permitted the Managements

of Aided Private Colleges to start certain new courses

W.P.(C) NO.24394 OF 2010

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on specific conditions. As such S N College affiliated to

University of Kerala were also permitted to start the

following courses on conditions specified by

Government.

Sl.No. Name of Colleges Name of Courses

S.N.College, Cherthala B.A.History,

M.Sc Physics,

1 M.Sc Botany
S.N.College, Chengannur M.Sc Chemistry,

2 B.Sc Physics

S.N.College, Chathannur B.Sc Industrial Chemistry,

3 M.Com
S.N.College for Women, M.Sc Physics,
Kollam B.Sc Industrial Microbiology,

4 M.Sc Applied Chemistry

S.N.College, Kollam B.Sc Bio-Technology,

B.Sc Physics (Computer
Application)

5 M.Sc Analytical Chemistry
S.N.College, Punalur B.A.Communicative English,

6 M.Sc Chemistry

S.N.College, M.Sc Chemistry,

Chempazhanthy B.Com with Computer
7 Application
S.N.College, Varkala B.A. History,

B.Com with Hotel
Management,

8 M.Sc Analytical Chemistry.

W.P.(C) NO.24394 OF 2010

:: 4 ::

New course in M.Sc Botany was sanctioned to

S.N. College, Cherthala conditionally. Now as per G.O.

(Ms) No.260/2010/H.Edn., dated: 20.08.2010

Government have created the teaching post to the

courses sanctioned during 1998 to 2001 and permitted

to fill up teaching post so sanctioned.

4. The M.Sc Botany, conditionally sanctioned

course to S.N.College, Cherthala have 65 hours

workload. To this workload 4 teaching post are

permissible. Now 4 posts are vacant. Hence the

Management can accommodate the 1st respondent in

any of the vacancies occurred as per the G.O.

mentioned above.

5. As per Letter No.A1/18039/2010, Dated:

18.10.2010 the Deputy Director of Collegiate Education,

Kollam reported that 2 retirement vacancies were

existing as on 01.06.2008 in S.N.College,

Chempazhanthy. These 2 retirement vacancies had

been filled by the Management transfer order vide

No.2/SN/438, Dated: 28.05.2008. As such no vacancies

are existing in Botany Department in S.N.College,

Chempazhanthy.

6. As per Letter No.G1/14860/2010-11, Dated:

15.10.2010 the Principals, S.N.College, Cherthala

W.P.(C) NO.24394 OF 2010

:: 5 ::

furnished that 1 Lecturer had resigned from service on

30.10.2008 AN. The vacancy occurred due to the

resignation of one Lecturer is existing in Botany with

effect from 31.10.2008.”

In view of the aforesaid statement, nothing survives in the Writ

Petition. The Writ Petition is accordingly dismissed.

(K.T.SANKARAN)
Judge

ahz/