IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 3704 of 2008(N) ----------------------- ------------ PETITIONER(S): ------------------------- 1. THE MANAGER, SACRED HEART COLLEGE, CHALAKUDY. 2. PARENT TEACHER ASSOCIATION, REPRESENTED BY ITS SECRETARY, SACRED HEART COLLEGE, CHALAKUDY. BY ADV. MR..BABU VARGHESE RESPONDENT(S): ------------------------ 1. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O. 2. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. R1 BY MR.P.C.SASIDHARAN, SC, CALICUT UTY. R2 TO R4 BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3704/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE UNIVERSITY ORDER NO.GAT/D2/8885/93 DTD. 15.11.97 GRANTING PERMANENT AFFILIATION FOR B.A. ECONOMICS DEGREE COURSE. P2:- COPY OF THE UNIVERSITY ORDER NO.GA1/D3/7097/97(2) DTD. 12.11.98 GRANTING PROVISIONAL AFFILIATION FOR B.SC. POLYMER CHEMISTRY IN S.H. COLLEGE. P2(a):- COPY OF THE UNIVERSITY ORDER NO.GA1/D2/7051/98(1) DTD. 19.4.05 GRANTING PERMANENT AFFILIATION FOR B.SC, CHEMISTRY DEGREE COURSE IN THE PLACE OF B.SC. POLYMER CHEMISTRY. P3:- COPY OF THE RELEVANT PAGES OF THE UNIVERSITY ORDER NO.G.A.I/D3/7983/98 (2) DTD. 13.12.99 GRANTING PROVISIONAL AFFILIATION FOR B.A. HISTORY IN S.H. COLLEGE, CHALAKUDY. P3(a):- COPY OF THE UNIVERSITY NO.G.A.1/D2/3571/2000 DTD. 30.10.03 GRANTING PERMANENT AFFILIATION FOR B.A. HISTORY DEGREE COURSE. P4:- COPY OF THE UNIVERSITY ORDER NO.GA1/D3/3407/99 (VOL.II) (i) DTD. 20.10.01 GRANTING PROVISIONAL AFFILIATION FOR B.A. ENGLISH IN S.H. COLLEGE. P4(a):- COPY OF THE UNIVERSITY ORDER NO.GA1/D2/3888/2002 (1) DTD. 15.3.06 GRANTING PERMANENT AFFILIATION FOR B.A.ENGLISH. P5:- COPY OF THE JUDGMENT IN OP. 21268/02 DTD. 26.3.03. P6:- COPY OF THE STATEMENT OF WORK LOAD SUBMTITED BY THE COLLEGE FOR THE YEAR 2005-06 FOR THE ISSUANCE OF STAFF FIXATION ORDER FOR ECONOMICS. P6(a):- COPY OF THE STATEMENT OF WORK LOAD SUBMITTED BY THE COLLEGE FOR THE YEAR 2007-08 FOR THE ISSUANCE OF STAFF FIXATION ORDER FOR CHEMISTRY. P6(b):- COPY OF THE STATEMENT OF WORK LOAD SUBMTITED BY THE COLLEGE FOR THE YEAR 2007-08 FOR THE ISSUANCE OF STAFF FIXATION ORDER FOR HISTORY. P6(c):- COPY OF THE STATEMENT OF WORK LOAD SUBMITTED BY THE COLLEGE FOR THE YEAR 2007-08 FOR THE ISSUANCE OF STAFF FIXATION ORDER FOR ENGLISH. P7:- COPY OF THE REUEST DTD. 20.1.03 SUBMITTED BY THE PRINCIPAL OF THE COLLEGE FOR THE ISSUANCE OF STAFF FIXATION ORDERS. P7(a):- COPY OF THE REPLY DTD. 20.2.03 GIVEN BY TE REGISTRAR OF THE UNIVERSITY. P8:- COPY OF THE UNIVERSITY ORDER NO.GA11/83/3899/95 DTD. 27.6.96 ACCORDING SANCTION FOR CREATION OF ADDL. POSTS IN THE DEPARTMENT OF ENGLISH & ECONOMICS. W.P.(C) NO.3704/2008 P8(a):- COPY OF THE RELIEVING ORDER DTD. 25.10.05 ISSUED IN RESPECT OF DR. CHACKO JOSE. P8(b):- COPY OF THE APPOINTMENT ORDER ISSUED BY THE UNIVERSITY DTD. 23.7.07 IN FAVOUR OF DR. CHACKO JOSE. P8(c):- COPY OF THE CONCURRENCE GRANTED BY THE GOVERNMENT DTD. 12.2.07 IN FAOUR OF DR. CHACKO JOSE. P9:- COPY OF THE UNIVERSITY ORDER DT. 27.4.87 GRANTING APROVAL FOR THE PROMOTION OF SMT.MARYKUTTY P.A. P9(a):- COPY OF THE LETTER SENT BY THE DY. DIRECTOR DTD. 5.10.07 FORWARDING THE PENSION PAPERS OF SMT. MARYKUTTY P.A. TO THE DIRECTOR. P10:- COPY OF THE RELIEVING ORDER DTD. 1.6.05 ISSUED IN FAVOUR OF SMT.MOLLY K.K. P10(a):- COPY OF THE RELIEVING ORDER DTD. 13.8.04 ISSUED IN FAVOUR OF SMT.JINNY MATHEW. P11:- COPY OF THE LEAVE APPLICATION SUBMITTED BY SMT. BINDU JOSE FOR L.W.A. FROM 4.6.08 TO 28.2.2011, WITH N.O.C. ISSUED BY THE MANAGER. P12:- COPY OF THE LIST OF TEACHING STAFF (SUBJECT WISE). P13:- COPY OF THE REQUEST DTD. 10.1.08 SUBMITTED BY THE MANAGEMENT FOR SENDING GOVERNMENT NOMINEE TO THE SELECTION COMMITTEE. P13(a):- COPY OF THE REUEST DTD. 10.1.08 SUBMITTED BY THE MANAGEMENT FOR FURNISHING THE LIST OF SUBJECT EXPERTS. P14:- COPY OF THE RELEVANT PAGES OF THE G.O.(MS) NO.134/98/H.EDN. DTD. 9.11.98 SANCTIONING NEW COURSES. P14(a):- COPY OF THE RELEVANT PAGES OF THE G.O.(MS) NO.162/99/H.EDN. DTD. 6.12.99 SANCTIONING NEW COURSES. P14(b):- COPY OF THE RELEVANT PAGES OF THE G.O.(MS) 39/01/H.EDN. DTD. 27.3.01 SANCTIONING NEW COURSES. P15:- COPY OF THE G.O.(MS) 78/2001/H.EDN. DTD. 11.7.01 ISSUED BY THE GOVERNMENT. P16:- COPY OF THE CABINET NOTE RECEIVED FROM THE INFORMATION OFFICER. P17:- COPY OF THE QUESTIONS RAISED BY MR.SABU MALITHURUTHEL DTD. 25.8.07. W.P.(C) NO.3704/2008 P17(a):- COPY OF THE ANSWERS FURNISHED BY THE ADDL. CHIEF SECRETARY DTD. 10.9.07. P17(b):- COPY OF THE INFORMATION FURNISHED BY THE SECRETARY TO GOVERNMENT H.EDN. DEPARTMENT DTD. 22.9.07. P17(c):- COPY OF THE INFORMATION FURNISHED BY THE SECRETARY TO GOVERNMENT H.EDN. DEPARTMENT DTD. 26.9.07. P17(d):- COPY OF THE INFORMATION FURNISHED BY THE DIRECTOR COLLEGIATE EDUCATION DTD. 5.10.07. P17(e):- COPY OF THE INFORMATION FURNISHED BY THE SECRETARY TO GOVERNMENT H.EDN. DEPARTMENT DTD. 2.11.07. R1(a):- COPY OF THE RELIEVING ORDER DTD. 6.3.08. R1(b):- COPY OF THE LETTER DTD. 4.3.08. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.3704 OF 2008 --------------------------------------- Dated this the 22nd day of October, 2009. J U D G M E N T The first petitioner is the Manager of the Sacred Heart College, Chalakudy and the second petitioner is the Parent Teachers Association of the College represented by its Secretary. They have filed this writ petition seeking for various reliefs including a direction to the University to issue staff fixation orders for various years taking note of Exhibit P6 series statement of work load including that of Exhibits P1 to P4(a) courses. 2. As per Exhibits P1 to P4(a), the college was sanctioned with various courses, and accordingly, affiliation was granted. These orders have been issued with a condition that there will be no additional financial commitment to the Government. 3. The petitioners are relying upon Exhibit P5 judgment in support of their claim. They mainly contend that being an aided college, such a condition cannot be imposed. W.P.(C) No.3704/2008 2 4. Presently, the said legal issue stands covered by the order in R.P.Nos.101 and 180 of 2008 in Writ Appeal No.2529 of 2005. In Writ Appeal No.2529/2005, this Court held that the courses sanctioned by the Government as per similar orders were conditional and that the Government did not have the liability to pay salary and other benefits to the teachers appointed. While reviewing the said judgment, it was held thus in paragraph 7 of the order in R.P.Nos.101 and 180 of 2008: “Having gone through the statutory provisions, documents produced and the judgments referred to and also the facts brought on record by the affidavits filed in these review petitions, we are inclined to find that the Division Bench did not advert to relevant statutory provisions or the Direct Payment Agreement and facts which are relevant to issue, as a result of which grave injustice has been caused to the review petitioners. Secondly, the documents/ information, obtained by the Review Petitioners are those which were fully in the custody and control of the respondents themselves and respondents also do not have a case that the review petitioners were even aware of them. Further the petitioners have pleaded in the affidavits filed that they were unaware of these materials, which stands uncontroverted. Further, the conclusion in the judgment that Direct W.P.(C) No.3704/2008 3 Payment Agreement do not apply to course subsequently commenced, is directly contrary to Clause 35 of the Agreement, which is not even referred to in the judgment. We are also satisfied that the facts of these cases are incomparable with those dealt with in the judgment in Amina Vs. State of Kerala (2004 (1) KLT 657) and that it was without appreciating this fundamental difference, that the said judgment was overruled by the Division Bench. Therefore in our view, the judgment is vitiated for errors apparent on the face of record calling for exercise of power of review conferred on this Court”. Therefore, the legal issue is covered in favour of the 1st petitioner. This writ petition is hence allowed. There will be a direction to the 1st respondent-University to issue staff fixation orders for the relevant years pending before the University, taking note of Exhibit P6 series statement of work load including that of Exhibits P1 to P4(a) courses. Appropriate action shall be taken by the University within a period of two months from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp