IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WA.No. 2153 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.6589/2008 Dated 30/10/2008 .................... APPELLANT(S)/RESPONDENTS 1 AND 2 : -------------- 1. S.N.M.TRAINING COLLEGE MOOTHAKUNNAM, ERNAKULAM DISTRICT, KERALA-683 516, REP.BY ITS MANAGER 2. MANAGER, S.N.M.TRAINING COLLEGE, MOOTHAKUNNAM, ERNAKULAM. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. SARITHA.V.K., AGED 29 YEARS D/O.V.S.KAMALA, KAMALOLBHAVA, VENGALATH HOUSE KANDIYAMSAL, KUNNAMKULAM PO., THRISSUR. R/AT.THARAYIL HOUSE, THARAYIL JN., MOOTHAKUNNAM, ERNAKULAM. 2. THE VICE CHANCELLOR, M.G.UNIVERSITY PRIYADARSHINI HILLS, ATHIRAMPUZHA PO., KOTTAYAM, REP. BY ITS REGISTRAR. 3. M.G.UNIVERSITY, PRIYADARSHINI HILLS ATHIRAMPUZHA PO., KOTTAYAM, REP.BY ITS REGISTRAR. WA.No. 2153 of 2008() 2 4. THE DIRECTOR, COLLEGIATE EDUCATION, VIKAS BHAVAN, TRIVANDRUM. R1 BY ADV.SRI.JOHNSON MANAYANI R2 & R3 BY S.C. SRI.T.A.SHAJI R4 BY SR.G.P.SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.No.2153 OF 2008 ------------------------------------- Dated 4th November, 2008 JUDGMENT Koshy,J . Appellant is the management of S.N.M. Training College, Moothakunnam. One P.S.Susmitha, a Lecturer in Physical Science Education took leave without allowance for five years, i.e., from 1.6.2004 to 31.5.2009. One Sreeja was appointed in the said leave vacancy. But, when an additional post of Physical Science Education Teacher was sanctioned, she was appointed in that post and the vacancy held by Smt.Sreeja became available for appointment till the regular incumbent resumes duty after the expiry of the leave period. Post is sanctioned depending upon the number of students etc. and only if it is necessary a post will be sanctioned as the salary is being paid by the Government, being an aided institution. Absence of the teacher will be harmful to the best interest of the students also. The vacancy was notified by Ext.P7 advertisement. Interview was held on 18.1.2008 and select list was published in which the writ petitioner was rank No.1. Contention of the appellant was that since there is likelihood of cancelling the leave and there is a chance of re-joining of Smt.Susmitha after cancelling the leave, it is decided not to fill up the vacancy. Learned Judge noticed that even at the time of filing the writ petition or at the time of hearing, Smt.Susmitha did not inform the management regarding the cancellation of her leave. Further, it is automatic that if one is appointed in a leave vacancy, as soon as the party re-joins duty, W.A.2153/2008 2 the person who was appointed in the leave vacancy can be retrenched. Of course, if one is appointed in the leave vacancy, he will get the right to get appointment in the future post as per rules. Therefore, the petitioner alleges malafides also in not giving appointment to her. It is true that even if one is selected, there is no right for appointment. But, in this case, it is an aided institution. Government is paying the salary. A college cannot be run without adequate teachers. There is no case that the sanctioned post is unnecessary and the same can be cancelled. So, to the best interest of students, a teacher has to be appointed. Students will have to suffer if adequate number of teachers are not there. Therefore, the learned Judge felt that the petitioner should be appointed. Of course, automatically she will have to relinquish the post when Smt.Susmitha joins service after cancelling the leave. In these circumstances, we fully agree with the views of the learned single Judge. We also direct that necessary orders should be issued within two weeks from today. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks