IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 16186 of 2011(W) -------------------------- PETITIONER(S): --------------- CORPORATE MANAGER, C.M.C.EDUCATIONAL SOCIETY, (ST.MARY'S VIMALA COLLEGE, THRISSUR), TRINITY CONVENT, KOLAZHY P.O., THRISSUR-680 010. BY ADV. SRI.BABU VARGHESE, SENIOR ADVOCATE SRI.JOHNSON T. JOHN RESPONDENT(S): --------------- 1. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., PIN-673 635. 2. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM, PIN-695 033. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. ADV. SRI.SANTHOSH MATHEW FOR R1 GOVERNMENT PLEADER SMT.M.T.SHEEBA FOR R2 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16186 of 2011(W) APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE REQUEST DATED 4/4/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE COMMUNICATION DATED 09/06/2011 ALONG WITH THE CONSENT LETTER GIVEN BY SMT.SHEELA THOMAS I.A.S EXT.P3 TRUE COPY OF THE STAFF PATTERN AND WORKLOAD STATEMENT AND STATEMENT SHOWING THE VACANCY POSITION. EXT.P4 TRUE COPY OF GO MS NO.260/2010/H EDN. DATED 20/08/2010 WITH RELEVANT PAGES OF THE ANNEXURE. EXT.P5 TRUE COPY OF THE STATEMENT OF WORKLOAD SUBMITTED BEFORE THE UNIVERSITY FOR THE YEAR 2010-11 IN RESPECT OF THE SUBJECT MICROBIOLOGY (MAIN) EXT.P5(a) TRUE COPY OF THE STATEMENT OF WORKLOAD SUBMITTED BEFORE THE UNIVERSITY FOR THE YEAR 2010-11 IN RESPECT OF THE SUBJECT POLYMER CHEMISTRY (MAIN) EXT.P5(b) TRUE COPY OF THE STATEMENT OF WORKLOAD SUBMITTED BEFORE THE UNIVERSITY FOR THE YEAR 2010-11 IN RESPECT OF THE SUBJECT BIOCHEMISTRY (MAIN) EXT.P5(c) TRUE COPY OF THE STATEMENT OF WORKLOAD SUBMITTED BEFORE THE UNIVERSITY FOR THE YEAR 2010-11 IN RESPECT OF THE SUBJECT MATHEMATICS (MAIN) EXT.P5(d) TRUE COPY OF THE STATEMENT OF WORKLOAD SUBMITTED BEFORE THE UNIVERSITY FOR THE YEAR 2010-11 IN RESPECT OF THE SUBJECT HISTORY (MAIN) EXT.P5(e) TRUE COPY OF THE STATEMENT OF WORKLOAD SUBMITTED BEFORE THE UNIVERSITY FOR THE YEAR 2010-11 IN RESPECT OF THE SUBJECT ENGLISH (MAIN) EXT.P6 TRUE COPY OF THE STATEMENT SHOWING THE VACANCY POSITION IN ST.MARY'S COLLEGE. EXT.P7 TRUE COPY OF THE REQUEST DATED 18/12/2010 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P7(a) TRUE COPY OF THE STATEMENT OF WORKLOAD IN RESPECT OF VIMALA COLLEGE. EXT.P8 TRUE COPY OF THE REQUEST DATED 4/4/2011 SUBMITTED BY THE PRINCIPAL OF ST.MARY'S COLLEGE BEFORE THE 1ST RESPONDENT. EXT.P8(a) TRUE COPY OF THE REQUEST DATED 4/4/2011 SUBMITTED BY THE PRINCIPAL OF VIMALA COLLEGE BEFORE THE 1ST RESPONDENT. EXT.P9 TRUE COPY OF THE REPLY DATED 26/05/2011 RECEIVED BY THE PRINCIPAL ST.MARY'S COLLEGE WP(C).No. 16186 of 2011(W) EXT.P9(a) TRUE COPY OF THE REPLY DATED 26/05/2011 RECEIVED BY THE PRINCIPAL, VIMALA COLLEGE. EXT.P10 TRUE COPY OF THE REPLY DATED 23/1/2010 GIVEN BY THE UNIVERSITY EXT.P11 TRUE COPY OF THE JUDGMENT IN WPC NO.34591/2004 EXT.P11(a) TRUE COPY OF THE JUDGMENT IN WPC 3986/2006 EXT/P11(b) TRUE COPY OF THE ORDER IN WPC 37840/2010 1ST RESPONDENT'S EXTS: ANNEXURE R1 PHOTOCOPY OF THE ORDER NO.GAII/A4/2173/2009 DT.3/11/2011 ISSUED BY UNIVERSITY OF CALICUT. \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16186/2011-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of December, 2011 J U D G M E N T The writ petition is filed by the Corporate Manager of C.M.C. Educational Society seeking for a direction to the University to fix the staff pattern and for a further direction to the Government to send their nominee for the purpose of conducting the selection process for appointment of teaching staff. 2. The averments of the petitioner in the writ petition show that the University was yet to fix the staff pattern. It is also pointed out that due to retirement of several existing teachers in various departments, the Management is finding it difficult to provide proper instruction to the students in many subjects. It is in that context, as per the terms of the Direct Payment Agreement, the petitioner forwarded a request to the second respondent as per Ext.P1. Since nothing was heard from the Government, the petitioner nominated Smt.Sheela Thomas I.A.S as the Government nominee after getting her consent and the W.P.(C).No.16186/2011 -:2:- same was communicated to the second respondent as per Ext.P2. 3. It is also averred in para.8 that the first respondent has furnished the 'Panel of Subject Experts' for all the concerned subjects which facilitates the constitution of the selection committee by the Management and the Government is yet to grant permission for the consent as sought for in Ext.P2. 4. After hearing parties this Court by an interim order dated 24/08/2011 issued a direction to the University to finalise the fixation of staff pattern and report the same to the Court. By a separate interim order dated 22/09/2011, this Court allowed the petitioner to publish notification inviting applications which will be subject to the decision to be taken by the University with regard to the staff pattern. It was also directed that the same will be incorporated in the notification. 5. The learned Standing Counsel for the University has filed a statement dated 01/12/2011 producing Annexure-R1 which is the staff pattern finalised by the University in respect of two colleges W.P.(C).No.16186/2011 -:3:- in various subjects. It is submitted by the learned Standing Counsel that the Syndicate has approved the same as evident from the minutes produced along with Annexure-R1, item No.19. It is submitted by the learned Senior Counsel for the petitioner that applications have been invited for filling up 24 posts taking two colleges together. Then, what remains is the consideration of Ext.P2 by the Government for sending the Government nominee. It is submitted that the Government may be directed to pass orders, within a time frame in view of the urgency. 6. There will be a direction to the second respondent to pass an order on Ext.P2 with regard to the nomination of Smt.Sheela Thomas I.A.S as the Government nominee and appropriate decision will be taken and communicated to the petitioner within a period of six weeks from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms