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