IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 23364 of 2007(F) -------------------------- PETITIONER: ------------ SHIBU SKARIA, LECTURER, MCA DEPARTMENT, MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALAM, RESIDING AT 'KOTTISSERIKUDIYIL HOUSE', CHELAD P.O., CHELAD, KOTHAMANGALAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR, REGIONAL DIRECTORATE OF TECHNICAL EDUCATION, KOTHAMANGALAM. 4. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 5. MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALAM-686 666, REPRESENTED BY ITS SECRETARY. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY SRI.GEORGE JACOB (JOSE) SENIOR GOVERNMENT PLEADER, SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23364/2007/F APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE APPOINTMENT ORDOER NO.B1-840/05 DATED 1.2.05 ISSUED THE 5TH RESPONDENT TO THE PETITIONER. EXT. P2: COPY OF THE ORDER NO.35365/J3/2003/H.EDN. DATED 8.1.2004 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT. P3: COPY OF THE COMMUNICATION NO.B1-840/ /99 DATED 5.4.05 ISSUED BY THE 5TH RESPONDENT TO THE 1ST RESONDENT . EXT. P4: COPY OF THE LETTER NO.2410/J3/2005/H.EDN. DATED 26.4.05 SEND BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT. P5: COPY OF THE LETTER NO.AC.BIII-3856/2001-UGC GEN, DATED 25.3.06 ISSUED BY THE 4TH RESPNDENT TO THE 1ST RESPONDENT. EXT. P6: COPY OF THE COMMUNICATION NO.2410/J3/05/H.EDN. DATED 1.9.06 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT. P7: COPY OF THE REPLY GIVEN BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT VIDE NO.B1-840/2005/J3/480, DATED 3.11.06. EXT. P8: COPY OF THE ORDER NO.2410/J3/05/H.EDN., DATED 17.5.07 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT. EXT. P9: COPY OF THE LETTER NO.4259/J2/93/H.EDN DATED 22.3.93 ISSUED BY THE 1ST RESPONDENT TO THE REGISTRAR, KERALA UNIVERSITY, TRIVANDRUM. EXT. P10: COPY OF THE PROCEEDINGS NO.A2/555/05 DATED 20.5.05 ISSUED BY THE 3RD RESPONDENT. EXT. P11: COPY OF THE ORDER NO.ACB II-5/635/93 DATED 15.3.05 ISSUED BY THE 4TH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No.23364 of 2007(F) ======================= Dated this the 4th day of April, 2008 JUDGMENT A very difficult situation which would affect the future of the students of a College is presented before me by a Lecturer who has been appointed by the manager to save the situation. There are posts of Lecturers, Assistant Professors and Professor in the Department of MCA in the 5th respondent's college. The post of Assistant Professors and Professor are lying vacant in spite of several attempts to get the same filled up by qualified hands through direct recruitment. The existing Lecturers are also not qualified to be promoted to those posts. In the above circumstances, the management appointed the petitioner as a Lecturer in one of the posts of Assistant Professors. However, the appointment was not approved. In view of the peculiar circumstances, letters were exchanged between the Government, management and the University. Nobody took any definite decision regarding the same, apparently, because of the fact that W.P.(C) No.23364/2007/F -2- such promotion would go counter to the AICTE norms. They can approach the AICTE for appropriate orders, if the Government conveys their no objection for the same. The Government Pleader submits that the Government cannot permit this because it is against the existing norms and rules. It is also stated that after the earlier attempts the management has not attempted any fresh selection by direct recruitment again. 2. I have considered rival contentions in detail. I am of the opinion that since the very object of a college is to teach students, when there are no sufficient qualified hands available the students cannot be allowed to suffer because of lack of qualified hands available for promotion or for direct recruitment. Here is a situation whereby the management is unable to obtain qualified hands either by direct recruitment or by promotion to the post of Assistant Professor. In such circumstances, it is imperative that some way out should be found, for providing faculty to teach students, since unless there are sufficient faculty in the College to teach the students, the students would W.P.(C) No.23364/2007/F -3- suffer. Admittedly, when the post of Assistant Professors and one post of Professor are lying vacant, the petitioner and the 5th respondent can approach the AICTE for appropriate orders only if the Government conveys its no objection in this regard. In the above circumstances, this writ petition is disposed of with the following directions: The Government shall give its no objection for appointment of the petitioner in any one of the post of Assistant Professors lying vacant so that the 5th respondent can seek approval of their action with the support of that no objection. This shall be done within one month from the date of receipt of a copy of the judgment. On receipt of the same, the management shall address the AICTE detailing the circumstances seeking approval for their action. If the AICTE approved the same, the Government shall accord sanction and the University shall approve the appointment of the petitioner in accordance with the approval of the AICTE. I make it clear that if any other qualified hands become available, either by promotion from Lecturer or by W.P.(C) No.23364/2007/F -4- direct recruitment, the petitioner shall either be terminated from service or if there is a vacant post of Lecturer available, adjust him against that post. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE jp