IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 12504 of 2009(G) ------------------------------------ PETITIONER(S): ---------------------- MANAGER, ST.THOMAS COLLEGE, RANNI. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. MG UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADHARSHINI HILLS, KOTTAYAM. R3 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY R1 & R2 BY GOVERNMENT PLEADER ADV. SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12504/2009-G APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GO(RT) NO.196/2009/ H.EDN DATED 12-2-2009. P2 COPY OF THE APPROVED STAFF STRENGTH OF PETITIONER'S COLLEGE DATED 18-12-2002. P3 COPY OF THE GO(RT) NO.616/2008/ H.EDN DATED 11-4-2008. P4 COPY OF THE LETTER DATED 17-4-2008 PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT. P5 COPY OF THE JUDGMENT DATED 10-12-2008 IN WP(C) NO. 29586/08. P6 COPY OF THE LETTER DATED 9-1-2009 ISSUED BY THE 3RD RESPONDENT UNIVERSITY TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO. JUDGE sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.12504 Of 2009 ----------------------------------------------------- DATED THIS THE 20th DAY OF OCTOBER, 2010 J U D G M E N T The petitioner is the Manager of St.Thomas College, Ranni, which is affiliated to the 3rd respondent-University. There was a vacancy consequent on retirement in Economics Department of the College and the management requested to sanction the post in the Department after computing the work load of the Statistics Department along with the work load of Economics Department. The Government took the view in Exhibit P1 that as per the staff fixation submitted to the College by the Empowered Committee, work load of Economics and Statistics papers of Economics were shown separately and according to which there are 40 hours of work load in Economics and six hours in Statistics. Accordingly, the Government was of the view that as per the UGC norms, College is eligible for two posts in Economics only. The request of the Manager was thus rejected, which is under challenge in this Writ Petition. 2. In the Writ Petition, the contention raised is that the Economics Department was handling the Statistics papers from W.P.(C)No.12504/09 -2- 1968 onwards, as there is no separate Statistics Department to the College and the College does not offer degree or post- graduate courses in Statistics. Thus, from 1968 onwards work load of Economics Department in the College was assessed upon taking into account the work load of Statistics papers in B.A. Economics. Exhibit P2 is the true copy of the approved staff strength of the College dated 18.12.2002 wherein the work load of Economics Department has been assessed as 46 hours after taking into account six hours of Statistics also. If Exhibit P2 is accepted, then there can be three teachers in Economics Department. 3. In the year 2007-08, only two teachers were working in the Department of Economics. A retirement vacancy had arisen earlier by the retirement of one Shri A.P.Kuriakose on 31.3.2006. This vacancy could not be filled up due to the ban order issued by the Government as per Exhibit P3, which was lifted as per order dated 23.6.2008. The petitioner, therefore prays, that the proceedings Exhibit P1 may be quashed and a direction may be given to the 1st respondent to grant concurrence to the petitioner to effect appointment to the existing open W.P.(C)No.12504/09 -3- vacancy in the Department of Economics available in the College. 4. By interim order dated 21.5.2009, it was made clear that the selection to the post of Lecturer in Economics can go on as scheduled with a nominee deputed in Exhibit P1 and all appointments will be done only after getting permission from this Court. It was modified by another interim order dated 29.7.2009. It was directed therein that the Management is permitted to effect appointment of Lecturer in Economics pursuant to the selection conducted as per the direction of this Court, which will be subject to further orders to be passed in the Writ Petition. 5. The 1st and 2nd respondents have filed a counter affidavit. The University has also filed a counter affidavit. The stand taken in the counter affidavit filed by respondents 1 and 2 is that there is 40 hours of work load in Economics and six hours in Statistics Department and as per the the UGC norms two teachers are permissible. Apparently, this is without reckoning the six hours for the Statistics Department. So far as the said six hours are concerned, it is pointed out that a Guest Lecturer can be appointed. W.P.(C)No.12504/09 -4- 6. In the counter affidavit filed by the University it is explained in paragraph 6 that Statistics paper alone is not only in the Economics Department, but also in the Mathematics Department. Hence the University can identify the existence of any vacancy in the Department only after assessing the detailed work load of the concerned Department as per the students' strength of the College as on 1.1.2008 for the 2009-2010 academic year. It is also mentioned in paragraph No.6 that the University is not in a position to identify the vacancy position at this stage because the detailed work load of the concerned Departments has not been assessed for the 2009-2010 academic year. 7. The learned counsel for the petitioner vehemently contended that even in other Colleges under the University, the very same method has been adopted for fixing the work load. Therefore, the question to be decided is whether the six hours of the work load of the Statistics Department should be added to the 40 hours available in the Economics Department to justify the appointment of the petitioner. Since the work load assessment is yet to be take place, it will be only proper that the University W.P.(C)No.12504/09 -5- considers the matter after hearing the petitioner. The learned counsel appearing for the petitioner further pointed out that Clause 7(1)(c) of the M.G.University Ordinances is clearly applicable to the facts of this case. The same is extracted below: ”In any case were certain papers of a course of study are taught by teachers of another Department (for e.g. Statistics papers of BA/MA Economics handled by Statistics department) such hours of work should be included in the work load of Department which actually teaches and there should be consistency in the allotment of such work every year.” 8. The learned Government Pleader submitted that the same will apply only if two departments are there. The effect of Clause 7(1)(c) is an important aspect for the University to consider, while fixing the work load. Therefore, to the extent to which Exhibit P1 disentitles the petitioner from having one more post in Economics Department is set aside. 9. There will be a direction to the University to take a decision in the matter after hearing the petitioner and the Deputy Director of Collegiate Education . Appropriate decision will be W.P.(C)No.12504/09 -6- taken within two months from the date of receipt of a copy of this judgment. The approval of appointment made pursuant to the interim orders will be subject to the orders to be passed by the University. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn