IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 9666 of 2005(A) -------------------------------------- PETITIONER(S): ------------------------ A.PRASANNAN, KUZHIVELIKUTTIYIL, ELIPPAKULAM P.O., PALLICKAL, KAYAMKULAM 690 503. BY SRI.C.P.SUDHAKARA PRASAD, SENIOR ADVOCATE BY ADV. SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.S.D.ASOKAN SRI.NAVEEN.T SRI.T.G.SUNIL SRI.ANTONY BENEDICT RESPONDENT(S): -------------------------- 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. THE DIRECTOR, SCHOOL OF COMMUNICATION AND INFORMATION SCIENCES, MAHATMA GANDHI UNIVERSITY, MANNANAM, KOTTAYAM. 4. S.GOPAKUMAR, LECTURER, SCHOOL OF COMMUNICATION AND INFORMATION SCIENCES, DEPARTMENT OF JOURNALIM AND COMMUNICATION, MAHATMA GANDHI UNIVERSITY, MANNANAM, KOTTAYAM. 5. LIGIMOL T.JACOB, LECTURER, DO. DO. 6. SMITHA, LECTURER, DO. DO. *ADDL.R7 TO R12 IMPLEADED *R7: SUMA PAULOSE, LECTURER IN ELECTRONICS, SCHOOL OF TECHNOLOGY AND APPLIED SCIENCES, M.G.UNIVERSITY REGIONAL CENTRE, EDAPPALLY , COCHIN-24. 2/- -2- WP(C)NO.9666/2005 *R8: SAJEEV B.U., LECTURER IN COMPUTER SCIENCE, SCHOOL OF TECHNOLOGY AND APPLIED SCIENCES, M.G.UNIVERSITY REGIONAL CENTRE, EDAPPALLY, COCHIN-24. *R9: RAJUPAL C.P., LECTURER IN COMPUTER SCIENCE, SCHOOL OF TECHNOLOGY AND APPLIED SCIENCES, M.G.UNIVERSITY REGIONAL CENTRE, EDAPPALLY, COCHIN-24. *R10: SWAPANA.M., LECTURER IN COMPUTER SCIENCE,SCHOOL OF TECHNOLOGY AND APPLIED SCIENCES, M.G.UNIVERSITY REGIONAL CENTRE,EDAPPALLY,COCHIN-24. *R11: SHEENA JOSEPH, LECTURER IN MATHMATICS, SCHOOL OF TECHNOLOGY AND APPLIED SCIENCES, M.G.UNIVERSITY REGIONAL CENTRE, EDAPPALLY, COCHIN-24. *R12: KAVITHA RAJAN, LECTURER IN COMPUTER SCIENCE, SCHOOL OF TECHNOLOGY AND APPLIED SCIENCES, M.G.UNIVERSITY REGIONAL CENTRE, EDAPPALLY, COCHIN-24. *IMPLEADED AS ADDL.R4 TO ADDL.R12 AS PER ORDER IN I.A.NO.5520/05 DATED 23/5/2005. *ADDL.R13 TO ADDL.R16 IMPLEADED *R13: DR.K.S.ANILA KUMARY, LECTURER, SCHOOL OF APPLIED LIFE SCIENCE (SALS), M.G.UNIVERSITY REGIONAL CENTRE, PATHANAMTHITTA. *R14: INDU G., LECTURER, SCHOOL OF TECHNOLOGY AND APPLIED SCIENCES (STAS) M.G.UNIVERSITY REGIONAL CENTRE, PATHANAMTHITTA. *R15: SHIBU PUTHEN PARAMBIL, LECTURER IN PUBLIC HEALTH, DIVISION OF HEALTH MANAGEMENT, SCHOOL OF MEDICAL EDUCATION,(SME)MAIN CAMPUS, GANDHI NAGAR, KOTTAYAM. *R16: SUMA MADHAVAN, LECTURER IN MEDICAL DOCUMENTATION,DEPARTMENT OF DOCUMENTATION, SCHOOL OF MEDICAL EDUCATION, MAIN CAMPUS, GANDHI NAGAR, KOTTAYAM-686 008. * IMPLEADED AS ADDL.R13 TO ADDL.R16 AS PER ORDER IN I.A.NO.8024/05 DATED 22/7/2005. *ADDL.R17 TO ADDL.R20 IMPLEADED * R17: SUNITHA.T.K., LECTURER IN BIO -CHEMISTRY, SCHOOL OF MEDICAL EDUCATION, M.G.UNIVERSITY REGIONAL CENTRE, L.F.HOSPITAL CAMPUS, ANGAMALY. *R18: SOYA SADANANDAN, LECTURER, DEPARTMENT OF PUBLIC HEALTH,SCHOOL OF MEDICAL EDUCATION, GANDHI NAGAR, KOTTAYAM. 3/- -3- WP(C)NO.9666/2005 *R19: BENAZIR.K.K., LECTURER IN COMPUTER SCIENCE, SCHOOL OF TECHNOLOGY AND APPLIED SCIENCES(STAS) REGIONAL CENTRE, PULLERIKUNNU CAMPUS, MALLUSSERY.P.O., M.G.UNIVERSITY, KOTTAYAM. *R20: SUBHASH CHANDRAN.P.O., LECTURER IN HOSPITAL ADMINISTRATION, DEPARTMENT OF HEALTH MANAGEMENT, SCHOOL OF MEDICAL EDUCATION, MAIN CENTRE, GANDHI NAGAR, KOTTAYAM. *IMPLEADED AS ADDL.R17 TO R20 AS PER ORDER IN IA.NO.8886/05 DATED 24/6/05. R1 TO R3 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY SRI.V.A.MUHAMMED, SC, M.G.UNIVERSITY R4 BY SRI.KRB.KAIMAL, SENIOR ADVOCATE R7 TO R12 BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE R13 TO R16 BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE R17 TO R20 BY ADV SRI.C.S.SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011,ALONG WITH WPC NO. 19184 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9666/2005 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DEGREE CERTIFICATE DATED 25/11/2004 OF THE PETITIONER. P2 COPY OF THE MARK LIST OF THE PETITIONER. P3 COPY OF THE NET CERTIFICATE DATED 2ND SEPT.2004 ISSUED BY U.G.C. P4 COPY OF THE ORDER DATED 16/1/2004 IN I.A.NO.580/2004 IN WP(C)NO.26372/2003 OF THIS HON'BLE COURT. P5 COPY OF THE ORDER DATED 18/5/2004 IN WP(C)NO.26372/2003 OF THIS HON'BLE COURT. P6 COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE OF THE MAHATMA GANDHI UNIVERSITY HELD ON 3/3/2005. P7 COPY OF THE RELEVANT PAGES OF THE DRAFT BUDGET ESTIMATES 2005-06 OF THE MAHATMA GANDHI UNIVERSITY. P8 COPY OF THE ORDER NO.1004-A/3/03/SYN./SF-1. DATED 29/1/2003 ISSUED BY THE MAHATMA GANDHI UNIVERSITY. RESPONDENT'S EXHIBITS: R7(A) COPY OF THE ORDER U.O.NO.1004-A/3/03/SYN/SF-1 DATED 29/01/03 OF SELF FINANCING -I SECTION. R7(B) COPY OF THE COMMUNICATION DATED 22/6/2001 ISSUED BY THE AICTE. R7(C) COPY OF THE COMMUNICATION DATED 18/6/2001 ISSUED BY THE AICTE. /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)NoS.9666 & 19184 Of 2005 -------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 J U D G M E N T The petitioner in W.P.(C)No.9666/05 is seeking for a direction to respondents 1 to 3 to forthwith notify the vacancies of Lecturers in Journalism and Communication occupied by respondents 4 to 6 and make a regular selection as provided in Chapter III of Mahatma University Statute, 1997 following the reservation principles under Rules 14 to 17 of KS & SSR. Same is the prayer made by the petitioner in W.P.(C)No.19184/05 also in respect of another institution. 2. Pursuant to the direction issued by this Court, a statement has been filed by the first respondent in W.P.(C) No.19184/05 wherein in paragraph No.4 it is stated that the self financing institutions of the University are run with their own generated fund. No grant in aid from Government is given for the working of these institutions. Government are of the opinion that paying the teachers, etc. of the University's self financing colleges, UGC pay scales and eventually giving them pension, etc. will render those Colleges unviable, requiring the University to W.P.(C)No.9666/05 -2- divert the already meager non plan grant from the Government to such Colleges. Thus the proposal for introduction of UGC pay scales in University's self financing colleges will have financial implications in the Government. Hence Government as per Exhibit P9 letter requested the University that no decision be taken by the University on this issue without specific prior approval of the Government. 3. In paragraph No.5 , the Government also stated that the UGC scale of pay must be implemented only after including these institutions in the Mahatma Gandhi University Statutes and making selection to the posts according to the provisions therein. It is also mentioned that the University cannot take any unilateral decision in the matter. Evidently, the posts are therefore not coming within the statute prescribed. Therefore the direction sought for to notify vacancies and make appointment under the Statute cannot be accepted. In that view of the matter, the Writ Petitions are closed. Other legal issues raised are left open. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn