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.
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W.P.(C) No.23364 of 2007(F)
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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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