High Court Kerala High Court

Manager vs State Of Kerala Represented By The on 20 October, 2010

Kerala High Court
Manager vs State Of Kerala Represented By The on 20 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12504 of 2009(G)


1. MANAGER, ST.THOMAS COLLEGE, RANNI.
                      ...  Petitioner

                        Vs



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

2. THE DIRECTOR OF COLLEGIATE EDUCATION,

3. MG UNIVERSITY REPRESENTED BY ITS

                For Petitioner  :SRI.K.B.GANGESH

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

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :20/10/2010

 O R D E R
                   T.R.RAMACHANDRAN NAIR,J.
                     -------------------------------------
                     W.P.(C)No.12504 Of 2009
               -----------------------------------------------------
       DATED THIS THE 20th DAY OF OCTOBER, 2010

                                 J U D G M E N T

The petitioner is the Manager of St.Thomas College, Ranni,

which is affiliated to the 3rd respondent-University. There was a

vacancy consequent on retirement in Economics Department of

the College and the management requested to sanction the post

in the Department after computing the work load of the Statistics

Department along with the work load of Economics Department.

The Government took the view in Exhibit P1 that as per the staff

fixation submitted to the College by the Empowered Committee,

work load of Economics and Statistics papers of Economics were

shown separately and according to which there are 40 hours of

work load in Economics and six hours in Statistics. Accordingly,

the Government was of the view that as per the UGC norms,

College is eligible for two posts in Economics only. The request

of the Manager was thus rejected, which is under challenge in

this Writ Petition.

2. In the Writ Petition, the contention raised is that the

Economics Department was handling the Statistics papers from

W.P.(C)No.12504/09 -2-

1968 onwards, as there is no separate Statistics Department to

the College and the College does not offer degree or post-

graduate courses in Statistics. Thus, from 1968 onwards work

load of Economics Department in the College was assessed upon

taking into account the work load of Statistics papers in B.A.

Economics. Exhibit P2 is the true copy of the approved staff

strength of the College dated 18.12.2002 wherein the work load

of Economics Department has been assessed as 46 hours after

taking into account six hours of Statistics also. If Exhibit P2 is

accepted, then there can be three teachers in Economics

Department.

3. In the year 2007-08, only two teachers were working

in the Department of Economics. A retirement vacancy had

arisen earlier by the retirement of one Shri A.P.Kuriakose on

31.3.2006. This vacancy could not be filled up due to the ban

order issued by the Government as per Exhibit P3, which was

lifted as per order dated 23.6.2008. The petitioner, therefore

prays, that the proceedings Exhibit P1 may be quashed and a

direction may be given to the 1st respondent to grant concurrence

to the petitioner to effect appointment to the existing open

W.P.(C)No.12504/09 -3-

vacancy in the Department of Economics available in the College.

4. By interim order dated 21.5.2009, it was made clear

that the selection to the post of Lecturer in Economics can go on

as scheduled with a nominee deputed in Exhibit P1 and all

appointments will be done only after getting permission from this

Court. It was modified by another interim order dated

29.7.2009. It was directed therein that the Management is

permitted to effect appointment of Lecturer in Economics

pursuant to the selection conducted as per the direction of this

Court, which will be subject to further orders to be passed in the

Writ Petition.

5. The 1st and 2nd respondents have filed a counter

affidavit. The University has also filed a counter affidavit. The

stand taken in the counter affidavit filed by respondents 1 and 2

is that there is 40 hours of work load in Economics and six hours

in Statistics Department and as per the the UGC norms two

teachers are permissible. Apparently, this is without reckoning

the six hours for the Statistics Department. So far as the said six

hours are concerned, it is pointed out that a Guest Lecturer can

be appointed.

W.P.(C)No.12504/09 -4-

6. In the counter affidavit filed by the University it is

explained in paragraph 6 that Statistics paper alone is not only in

the Economics Department, but also in the Mathematics

Department. Hence the University can identify the existence of

any vacancy in the Department only after assessing the detailed

work load of the concerned Department as per the students’

strength of the College as on 1.1.2008 for the 2009-2010

academic year. It is also mentioned in paragraph No.6 that the

University is not in a position to identify the vacancy position at

this stage because the detailed work load of the concerned

Departments has not been assessed for the 2009-2010 academic

year.

7. The learned counsel for the petitioner vehemently

contended that even in other Colleges under the University, the

very same method has been adopted for fixing the work load.

Therefore, the question to be decided is whether the six hours of

the work load of the Statistics Department should be added to

the 40 hours available in the Economics Department to justify the

appointment of the petitioner. Since the work load assessment is

yet to be take place, it will be only proper that the University

W.P.(C)No.12504/09 -5-

considers the matter after hearing the petitioner. The learned

counsel appearing for the petitioner further pointed out that

Clause 7(1)(c) of the M.G.University Ordinances is clearly

applicable to the facts of this case. The same is extracted below:

“In any case were certain papers of a

course of study are taught by teachers of

another Department (for e.g. Statistics

papers of BA/MA Economics handled by

Statistics department) such hours of work

should be included in the work load of

Department which actually teaches and

there should be consistency in the

allotment of such work every year.”

8. The learned Government Pleader submitted that the

same will apply only if two departments are there. The effect of

Clause 7(1)(c) is an important aspect for the University to

consider, while fixing the work load. Therefore, to the extent to

which Exhibit P1 disentitles the petitioner from having one more

post in Economics Department is set aside.

9. There will be a direction to the University to take a

decision in the matter after hearing the petitioner and the Deputy

Director of Collegiate Education . Appropriate decision will be

W.P.(C)No.12504/09 -6-

taken within two months from the date of receipt of a copy of this

judgment. The approval of appointment made pursuant to the

interim orders will be subject to the orders to be passed by the

University.

The Writ Petition is disposed of as above.

T.R.RAMACHANDRAN NAIR, JUDGE.

dsn