IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 31381 of 2010(W) -------------------------- PETITIONER(S): --------------- 1. J.J.JOSE, MARKER, CHRIST COLLEGE, IRINJALAKUDA. 2. C.V.JOY, MARKER, CHRIST COLLEGE, IRINJALAKUDA. 3. M.K.VENU, MARKER, CHRIST COLLEGE, IRINJALAKUDA. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): --------------- 1. THE MANAGER, CHRIST COLLEGE, IRINJALAKUDA-680 125. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP.BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.31381 of 2010 --------------------------------------------- Dated this the 13th day of October, 2010 JUDGMENT The petitioners were appointed as Markers with effect from 13.12.1990, 13.8.1991 and 6.6.1995 respectively in Christ College, Irinjalakuda, which is an aided college. Due to the de-linking of Pre-Degree, certain posts of Markers were found excess. It is stated that the petitioners were allowed to continue creating supernumerary posts as per Exhibit P1 order dated 9.6.2009 passed by the Director of Collegiate Education. Exhibit P1 order was passed, it is stated, in terms of Exhibit P2 G.O.(MS) No.50/08 H.Edn. Dated 9.5.2008. 2. In Exhibit P1 order, it was stated thus : “This order is subject to the following conditions :- a. All the existing posts of Specimen Collector, Watchman, Sweeper, Gasman, Scavenger/Sanitation Worker and other posts found excess in the college are declared supernumerary. The persons now holding the posts WPC No.31381/2010 2 are allowed to continue till their promotion/retirement/removal/death etc. The surplus staff will be accommodated against supernumerary posts and no fresh appointments/promotions shall be made when such posts become vacant. For accommodating the surplus staff in future vacancies, the non-teaching posts in aided colleges are classified into different groups of same nature (Para 3 Group-1 to 6 of the Government Order read as 3rd paper above). No fresh recruitment shall be made in each group if there exists any surplus staff found supernumerary. Even then, if there exists/arises vacancy, such vacancy shall be filled up with prior sanction of Government. b. The Manager and the Principal of the College shall satisfy themselves that the posts sanctioned to the college are actually eligible as per the revised staff pattern and work norms issued by the Government. c. The Principal shall report the adverse changes in the number of courses and students strength of the college that affect the sanctioned staff strength of the college. He will be held personally responsible for the violation of the condition and avoidable expenditure/monetary loss to Government on account of any lapse. d. Deputy Director concerned will see that WPC No.31381/2010 3 the above conditions and Government instructions are scrupulously complied with.” 3. According to the petitioners, ignoring Exhibit P1 order, the Manager appointed some persons as Peons. The petitioners challenged the same in W.P.(C) No.22402 of 2009 and the said Writ Petition is pending. Thereafter, the Government issued G.O.(MS) No.261/2010/H.Edn. dated 20.8.2010 sanctioning 21 supernumerary posts in the category of Last Grade Servants in private aided colleges. That Government Order was challenged by the petitioners in W.P.(C) No.27253 of 2010 in which Exhibit P7 interim order dated 2nd September, 2010 was passed directing that the appointment of respondents 5 to 10 therein will be subject to the result of the Writ Petition. 4. It is stated that the Manager filed Writ Petition No.28726 of 2010 stating that a representation filed by the Manager before the Government was pending and it was not disposed of. This Court disposed of W.P.(C) No.28726 of 2010 as per ExhibitP9 judgment dated 17th September, 2010 directing the Government to consider and pass orders on the WPC No.31381/2010 4 representation submitted by the Manager, after affording an opportunity of being heard to him. The case of the petitioners is that the Manager did not disclose the true state of affairs in W.P. (C) No.28726 of 2010 and apparently projected an innocuous case that the representation was not disposed of by the Government. 5. The learned counsel for the petitioners submitted that the petitioners are not challenging Exhibit P9 judgment, which they could do only by filing a Writ Appeal. On the other hand, the limited relief prayed for by the petitioners is that when the Government conducts the hearing in compliance with Exhibit P9 judgment, the petitioners, who are affected parties, also may be heard. This request is just and reasonable. I do no think that it is necessary to issue notice to the first respondent Manager before disposing of this Writ Petition since his right would not be affected in any way, if the petitioners are also heard by the Government while disposing of the representation submitted by the Manager. WPC No.31381/2010 5 6. In the facts and circumstance of the case, the Writ Petition is disposed of as follows: (i) The third respondent shall hear the petitioners herein as well while disposing of the representation submitted by the Manager as directed by the judgment dated 17th September, 2010 in W.P.(C) No.28726 of 2010. The petitioners herein would be entitled to make detailed representation at the time of hearing and they will be entitled to produce documents which are relevant to the issue. (ii) The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the third respondent. (iii) The petitioners shall send a copy of the Writ Petition and a copy of the judgment to the first respondent Manager by registered post and shall produce proof of the same before the third respondent. K.T.SANKARAN JUDGE csl