IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 15833 of 2010(D) -------------------------- PETITIONER(S): --------------- THE MANAGER, ST.XAVIER'S COLLEGE, VAIKOM, KOTHAVARA P.O,KOTTAYAM DISTRICT. BY ADV. SRI.BABU VARGHESE RESPONDENT(S): --------------- 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O, KOTTAYAM. 2. THE VICE CHANCELLOR & CHAIRMAN OF THE SYNDICATE, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O, KOTTAYAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. ADV. SRI.T.A.SHAJI -R3 GOVT.PLEADER SRI.DILIP MOHAN -R1,R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 15833 OF 2010 -------------------------------------------- Dated this the 31st day of May, 2010 JUDGMENT The petitioner is the Manager of St.Xavier's College, Vikom in Kottayam District. Incumbent in the post of Principal of the said college submitted resignation and in the said contingency, the petitioner as per Ext.P2 order appointed the senior most Selction Grade Lecturer Sri.Babu Joseph in the Department of Economics as Drawing and Disbursing Officer with effect from 25.3.2010. The said order of appointment was forwarded as per Ext.P3 for approval of the first respondent. Proviso to statute 78 Chapter 45 of the Mahatma Gandhi University statute permits such appointment in the temporary absence of Principal. Therefore, Ext.P2 is in tune with the provisions of the Mahatma Gandhi University statute. In the circumstances, the university is bound to take a decision with regard to the approval of the order of appointment made as per Ext.P2, in terms of the relevant provisions under the statute. Ext.P2 is dated 24.3.2010. It was forwarded to the university as per Ext.P3 24.3.2010. Considering the fact that the said application is pending before the first respondent for more than 2 months, there will be a direction to the first respondent to take W.P.(C) NO.15833/2010 2 decision on Ext.P2 expeditiously in terms of the relevant provisions under the Mahatma Gandhi University statute at any rate, within a period of one week from the date of receipt of a copy of this judgment. Learned counsel for the petitioner submits that on account of the non approval the appointment of the said Officer, the teaching and non teaching staff of the said college could not draw salary for the past three months. Therefore, the Deputy Director of Collegiate Education is directed to take appropriate steps for passing the salary bills properly drawn and submitted while passing orders with the approval of appointment made as per Ext.P2, pertaining to the teaching and non teaching staff of St.Xaviers College, Vikom. This Writ Petition is disposed of accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.15833/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT 11th May, 2010 W.P.(C) NO.15833/2010 4