IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 24394 of 2010(Y) PETITIONERS: 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA RESPONDENTS: 1. NILEENA.C.B., LECTURER IN BOTONY, SREE NARAYANA COLLEGE, CHERTHALA, S.N.PURAM P.O., SL PURAM, VIA CHERTHALA-688582. 2. MANAGER, SREE NARAYANA COLLEGES, THE SREE NARAYANA TRUST, P.B.NO.63, KOLLAM- 681 001. 3. THE UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDING, THIRUVANANTHAPURAM. R3 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R1 BY ADV.SRI.P.CHANDRASEKHAR R2 BY ADV.SRI.A.N.RAJAN BABU SRI.K.GOPALAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT. EXT.P2 TRUE COPY OF THE APPROVAL ORDER DATED 30.3.2009. EXT.P3 TRUE COPY OF THE SENIORITY LIST OF THE LECTURERS IN BOTONY. EXT.P4 TRUE COPY OF THE STATEMENT OF THE WORKLOAD. EXT.P5 TRUE COPY OF THE OBJECTION FILED BEFORE THE THIRD RESPONDENT. EXT.P6 TRUE COPY OF THE DETAILED STATEMENT FILED BY THE EDUCATIONAL AUTHORITIES. EXT.P7 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.5668 OF 2010 DATED 8.4.2010. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF LETTER DATED 2.1.2010 OF THE SECOND RESPONDENT TO THE THIRD RESPONDENT. //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 24394 OF 2010 Y ------------------------------------------------------ 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 W.P.(C) NO.24394 OF 2010 :: 2 :: 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 :: 3 :: 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 1 S.N.College, Cherthala B.A.History, M.Sc Physics, M.Sc Botany 2 S.N.College, Chengannur M.Sc Chemistry, B.Sc Physics 3 S.N.College, Chathannur B.Sc Industrial Chemistry, M.Com 4 S.N.College for Women, Kollam M.Sc Physics, B.Sc Industrial Microbiology, M.Sc Applied Chemistry 5 S.N.College, Kollam B.Sc Bio-Technology, B.Sc Physics (Computer Application) M.Sc Analytical Chemistry 6 S.N.College, Punalur B.A.Communicative English, M.Sc Chemistry 7 S.N.College, Chempazhanthy M.Sc Chemistry, B.Com with Computer Application 8 S.N.College, Varkala B.A. History, B.Com with Hotel Management, M.Sc Analytical Chemistry. W.P.(C) NO.24394 OF 2010 :: 4 :: 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 W.P.(C) NO.24394 OF 2010 :: 5 :: 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/