IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 13282 of 2010(I) --------------------------------------- PETITIONER(S): ------------------------- FATHIMA MATHA NATIONAL COLLEGE, KOLLAM, KERALA, REPRESENTED BY ITS MANAGER MR.ANIL JOSE. BY ADV. SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 4. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SMT.N. SUDHA DEVI. R4 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13282/2010-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STATEMENT SHOWING THE DETAILS OF VACANCIES IN THE DEPARTMENTS OF BOTANY AND ECONOMICS. EXT.P2: CO REPRESENTATION/LETTER NO.B1/18/07 ON 26/05/2008. EXT.P3: COPY OF THE G.O.(RT)NO.1330/2009/H.EDN. DATED 22/08/2009. EXT.P4: COPY OF THE MINUTES OF THE ANNUAL MEETING OF THE BOARD OF STUDIES IN ECONOMICS HELD ON 21/10/1995. EXT.P5: COPY OF THE STATEMENT OF WORKLOAD BASED ON THE STUDENT STRENGTH AS ON 01/11/2008 PREPARED BY THE PETITIONER. EXT.P6: COPY OF THE POST ADALATH REVIEW STATEMENT. EXT.P7: COPY OF THE JUDGMENT DATED 26/10/2006 IN WP(C) NO. 16104/2006. EXT.P8: COPY OF THE ORDER NO.AC.FIII/2/37360/06 DATED 04/01/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.13282 Of 2010 ----------------------------------------------------- DATED THIS THE 26th DAY OF NOVEMBER, 2010 J U D G M E N T The challenge is against Exhibit P3 order by which the Government directed the College to follow the present system and utilise the service of the additional teacher sanctioned in Statistics Department for teaching the Statistics paper for BA and M.A. Economics courses. 2. It is the case of the petitioner that as per the Post Adalat Review statement for assessment of workload for the petitioner-College dated 16.10.2003 work load of Economics in the College is 155 hours which requires one more Lecturer for the subjects Botany and Economics. It appears that the Deputy Director of Collegiate Eduction, Kollam, reckoned only 135 hours for the subject Economics. Thereafter, the petitioner submitted Exhibit P1 statement showing the number of hours, etc. which shows that the working hours of the Economics Department is 155 hours. This was followed by Exhibit P2 representation, wherein it was maintained that the calculation of working hours in Economics Department is incorrect. W.P.(C)No.13282/10 -2- 3. The petitioner has produced Exhibit P5, which is the comprehensive work load statement of the Department of Economics, which shows 155 hours. It is also mentioned that the Adalat Committee appointed by the Government has identified 155 hours in the Economics Department. 4. One of the documents produced by the petitioner is Exhibit P4, the minutes of the annual meeting of the Board of Studies on 21.10.1995, wherein, they have stated that at present there is no Statistics paper as such and therefore, Statistics teachers have no claim and the Board therefore requested the University to give necessary direction to the Principals of Colleges that Quantitative Methods for Economic Analysis should be taught by Economics Teachers. Therefore, the petitioner contends that the said system has been adopted in the College. 5. In the statement filed on behalf of the University, in paragraph No.5 it is stated as follows:- Statistics paper for B.A.Economics has been replaced by Quantitative Method for Economic Analysis. According to the Board of Studies in Economics, the new paper contains only the application of Statistics in Economics and hence Statistics teacher W.P.(C)No.13282/10 -3- cannot claim to teach the subject. 6. It is upto the University to approve the work load statement and fix the staff strength. In that view of the matter, Exhibit P3 and the directions therein to the extent to which the petitioner is directed to utilise the service of the Economics Teacher sanctioned in Statistics Department in the Economics Department is vacated. There will be a direction to the University to approve the work load statement for the year 2008-09 and issue the proceedings expeditiously. The petitioner will file an appropriate application before the University which will be verified by the University and after due assessment will approve the work load and fix the staff strength required. 7. It is pointed out in the reply affidavit that there are three retirement vacancies in Economics Department consequent on the retirement of two Professors, namely, Dr.Thampy Mathew and Mr.B.Cletus on 31.3.2008 and another Professor Mrs.Leela V. who retired on 31.3.2010. The petitioner will have to take steps for filling up the vacancies in terms of the approval, if any, granted by the University. The University will issue the proceedings within a period of two months from the date of W.P.(C)No.13282/10 -4- receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn