IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25220 of 2007(B)
1. ST.BERCHMANS COLLEGE,CHANGANASSERY
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE DEPUTY DIRECTOR OF COLLEGIATE
4. MAHATMA GANDHI UNIVERSITY,PRIYADARSINI
For Petitioner :SRI.SANTHOSH MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
Dated :20/08/2007
O R D E R
A.K. BASHEER, J.
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W.P.(C). NO. 25220 OF 2007
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Dated this the 20th day of August, 2007
J U D G M E N T
Petitioner, who is stated to be the Principal of an Aided College, is
aggrieved by the inaction on the part of the Government and the University
in refusing to nominate their representatives to the selection committee to
complete the process of selection and appointment of Lecturers in the
College where two vacancies exist. It is pointed out by the petitioner that
the two vacancies-one each in Mathematics and Malayalam-had arisen
about two years ago. Neither the Government nor the University did bother
to respond to the request made by the management to nominate their
representatives. It appears that the University was reluctant to send its
nominees in view of Ext.P7 order issued by the Government, as could be
seen from Ext.P6.
2. Having regard to the facts and circumstances, I am of the view
that the Government and the University are bound to send their
representatives. Undoubtedly, the Director of Collegiate Education is
entitled to find out whether there is sufficient work load warranting sanction
of posts. Similarly the University has to fix the staff strength on the basis of
the work load. It is only after such verification that the University is bound
to grant approval. If that be the position, I do not find any reason why the
two authorities have to drag their feet when a request is made by the
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management to send the nominees to the selection committee. In any
view of the matter, the refusal to nominate their representatives to the
selection committee indefinitely, cannot be justified. Of course, the
Government and the University can reject the request of the management
to grant sanction for creation of posts if it is found that there is no sufficient
work load. But these are all matters to be considered at a later stage.
Therefore the writ petition is disposed of with a direction to
respondents 1 and 4 to nominate their respective representatives to the
selection committee, if such a request is made in the prescribed format as
contemplated in the order issued by Government in the year 1999. The
representatives shall be nominated, as expeditiously as possible, at any
rate, within one month from the date of receipt of a copy of this judgment.
Though the management will be at liberty to complete the selection
process, appointment shall be made only after getting requisite sanction
from the authority concerned. A decision in this regard shall be taken by
the Government and the University, as expeditiously as possible, at any
rate, within two months from the date of completion of the selection
process.
A.K. BASHEER, JUDGE
vps
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A.K. BASHEER, JUDGE
OP NO.20954/00
JUDGMENT
WPC NO. 25220/07 Page numbers
1ST MARCH, 2007