High Court Kerala High Court

Principal vs State Of Kerala on 26 November, 2010

Kerala High Court
Principal vs State Of Kerala on 26 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27451 of 2009(B)


1. PRINCIPAL, BISHOP MOORE COLLEGE,
                      ...  Petitioner

                        Vs



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

2. THE DIRECTOR OF COLLEGIATE EDUCATION,

3. THE DEPUTY DIRECTOR OF COLLEGIATE

4. THE REGISTRAR, UNIVERSITY OF KERALA,

                For Petitioner  :SRI.SANTHOSH MATHEW

                For Respondent  :SRI.M.RAJAGOPALAN NAIR

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

 Dated :26/11/2010

 O R D E R
                  T.R.RAMACHANDRAN NAIR,J.
                    -------------------------------------
                     W.P.(C)No.27451 Of 2009
              -----------------------------------------------------
     DATED THIS THE 26th DAY OF NOVEMBER, 2010

                                J U D G M E N T

The petitioner is the Principal of Bishop Moore College,

Mavelikkara. The issue is regarding the filling up of sanctioned

strength of the post of Lecturer in the Economics Department.

Exhibit P9 is the order passed by the Government wherein the

view taken is that the request for one more post in Economics

and Chemistry cannot be considered and the same is rejected.

2. The petitioner’s case is that going by the work load

assessment and fixation of staff strength of teaching staff for the

year 2008-09 approved by the University as per Exhibit P2, three

teachers have been permitted for the Economics Department and

thereafter the petitioner moved the Government for concurrence

for permanent appointment showing one retirement vacancy in

Economics along with the vacancies in other Departments.

Exhibit P4 is the order passed by the Government lifting the ban

of appointment of teachers in aided Colleges and granting

permission for filling up of vacancies. Therein, the petitioner’s

College was not included. This led to the petitioner filing another

W.P.(C)No.27451/09 -2-

representation pursuant to which the Government passed an

order as per Exhibit P6. Therein the permission was only for

filling up two vacancies in Physics, one vacancy in Zoology, one

vacancy of Mechanic and one vacancy of Herbarium Keeper. The

petitioner submitted Exhibit P7 representation claiming one more

post in Economics Department by claiming 40 hours of work load

in the Department. This Court by Exhibit P8 directed the

Government to take a fresh decision, pursuant to which Exhibit

P9 decision was taken.

3. In Exhibit P9, the view taken mainly is that in the staff

fixation statement placed before the High Level Committee, work

load of the Economics Department is shown as 34 hours due to

the reason that six hours work load for Statistics Paper for

B.A.Economics is allotted to Statistics Department. The

argument of the Principal-petitioner that the work load has to be

calculated in terms of the provisions of the University Ordinance

by reckoning the work load of Statistics along with Economics

was not accepted.

4. The petitioner contends that as far as the said six

hours are concerned, the paper Quantitative Methods for

W.P.(C)No.27451/09 -3-

Economic Analysis is taught by the teachers in Economics

Department itself and it cannot therefore be reckoned for the

purpose of Statistics Department. As far as Statistics

Department is concerned, one post of Lecturer has been

sanctioned and there are nine hours of work load for that

Department. In this context, the petitioner relies upon the

decision of the Board of Studies of the University taken on

21.10.1995. Therein, the Board of Studies was of the view that

at present there are no Statistics paper as such and therefore

Statistics teachers have no claim and the Board requested the

University to give necessary direction to the Principals of

Colleges that Quantitative Methods for Economic Analysis should

be taught only by Economics Teachers. Apart from that, the

learned counsel for the petitioner Shri Santhosh Mathew

submitted that it was for the University to finalise the work load

assessment based on the requirement of the College and going

by Exhibit P2, it can be seen that as far as Economics

Department is concerned, considering the working hours as 40,

three posts of Lecturers in Economics have been sanctioned by

the University. Further it is pointed out that the Government is

W.P.(C)No.27451/09 -4-

bound by the said proceedings taken by the University especially

in the light of the Division Bench decision of this Court in State

of Kerala v. Dr.Sina (2007(3) KLT 96).

5. There cannot be any dispute that it is upto the

University to fix the work load while sanctioning the staff

strength. The legal position that is declared by the Division

Bench in Dr.Sina’s case (supra) is available in paragraph 10,

which shows the following:

“10. Scope of S.57(2) of the Kerala University Act has to

be tested in the light of the above mentioned statutory

provisions. Power of the University in granting approval as

well as sanctioning posts after ascertaining the workload

and fixation of staff pattern as per the Statutes has not

been taken away by the University Amendment Act 2 of

2005. Clear cut provisions have been made in the

University Statutes and Ordinances as to how the workload

has to be assessed and staff strength fixed so as to avoid

unnecessary appointments. Further, the interest of the

students is also to be safeguarded by appointing sufficient

number of teachers without delay. Power is also conferred

on the Deputy Director of Collegiate Education to take up

the matter with the University in case there is any doubt

with the approval granted. In appropriate cases

Government can also examine the action taken by the

Deputy Director and address the University through him.”

W.P.(C)No.27451/09 -5-

6. Herein, the stand of the University is also evident from

the proceedings Exhibit P2. The method adopted herein by the

High Level Committee appears to be not to reckon the six hours

along with 34 hours of Economics and by reckoning them with

the Statistics Department. The said reason has resulted in

passing Exhibit P9.

7. Evidently, the proceedings of the University have not

been considered by the Government. Therefore, Exhibit P9 is

quashed. There will be a direction to the Government to

reconsider the matter in the light of Exhibit P2. The Government

will reconsider the matter after hearing the petitioner and the

petitioner will produce the document, namely, Exhibit P2 before

the Government which will be duly considered and appropriate

decision will be taken within a period of two months from the

date of receipt of a copy of this judgment.

The Writ Petition is disposed of as above.

Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE)

dsn