Dr. Ashley Susan Philip, Dr. Susan Thomas, Dr. Raju Thomas K., Dr. Susan Thomas, Renjith Joseph, Rahul N., Joyce Jose v. The Manager, Mar Thoma College, Thiruvalla; The Mahatma Gandhi University, represented by its Registrar; The State of Kerala; The Director of Collegiate Education; The Deputy Director of Collegiate Education

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE K.T.SANKARAN** **MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932** **WP(C).No. 12385 of 2010(W)** **----------------------------------------** ## **PETITIONER(S):** **------------------------** **1. DR.ASHLEY SUSAN PHILIP, LECTURER, DEPARTMENT OF ENGLISH, MAR THOMA COLLEGE, THIRUVALLA.** **2. DR.SUSAN THOMAS, LECTURER, DEPARTMENT OF ZOOLOGY, MAR THOMA COLLEGE, THIRUVALLA.** **3. DR.RAJU THOMAS K., LECTURER, DEPARTMENT OF ZOOLOGY, MAR THOMA COLLEGE, THIRUVALLA.** **4. SMT.SUSAN THOMAS, LECTURER, DEPARTMENT OF ENGLISH, MAR THOMA COLLEGE, THIRUVALLA.** **5. RENJITH JOSEPH, LECTURER, DEPARTMENT OF ENGLISH, MAR THOMA COLLEGE, THIRUVALLA.** **6. RAHUL N., LECTURER, DEPARTMENT OF ENGLISH, MAR THOMA COLLEGE, THIRUVALLA.** **7. JOYCE JOSE, LECTURER, DEPARTMENT OF ZOOLOGY, MAR THOMA COLLEGE, THIRUVALLA.** **BY SRI.BABU VARGHESE, SENIOR ADVOCATE, ADV. SRI.KAPPILLIL ANILKUMAR, SRI.JOHNSON T. JOHN.** ## **RESPONDENT(S):** **--------------------------** **1. THE MANAGER, MAR THOMAS COLLEGE, THIRUVALLA.** **2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM.** **WP(C).No. 12385 of 2010(W)** **3. THE STATE OF KERALA, REPRESENTED BY ITS PINCIPAL SECRETARY TO GOVT. DEPARTMENT OF HIGHER EDUCATION,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.** **4. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM.** **5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM.** **R1 BY ADV. SRI.SATHISH NINAN,** **SRI.SANTHOSH MATHEW. R2 BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. R3 TO R5 BY GOVT. PLEADER MR.T.T. MUHAMOOD.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 12385 of 2010(W)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** ## **EXT.P1: COPY OF THE MINUTES OF THE SELECTION COMMITTEE HELD ON 11TH JANUARY, 2008 FOR THE SUBJECTS ENGLISH AND ZOOLOGY.** **EXT.P2: COPY OF THE APPOINTMENT ORDER DATED 16/01/2008 ISSUED IN FAVOUR OF THE 1ST PETITIONER.** **EXT.P2(a): COPY OF THE APPOINTMENT ORDER DATED 17/01/2008 ISSUED IN FAVOUR OF THE 2ND PETITIONER.** **EXT.P2(b): COPY OF THE APPOINTMENT ORDER DATED 23/01/2008 ISSUED IN FAVOUR OF THE 3RD PETITIONER.** **EXT.P2(c): COPY OF THE APPOINTMENT ORDER DATED 29/07/2008 ISSUED IN FAVOUR OF THE 4TH PETITIONER.** **EXT.P2(d): COPY OF THE APPOINTMENT ORDER DATED 06/08/2008 ISSUED IN FAVOUR OF THE 5TH PETITIONER.** **EXT.P2(e): COPY OF THE APPOINTMENT ORDER DATED 21/08/2008 ISSUED IN FAVOUR OF THE 6TH PETITIONER.** **EXT.P2(f): COPY OF THE APPOINTMENT ORDER DATED 21/08/2008 ISSUED IN FAVOUR OF THE 7TH PETITIONER.** **EXT.P3: COPY OF THE ORDERS OF APPROVAL DATED 11/02/2009, ISSUED BY THE UNIVERSITY** **EXT.P3(a): COPY OF THE ORDERS OF APPROVAL DATED 14/10/2009 ISSUED BY THE UNIVERSITY.** **EXT.P3(b): COPY OF THE ORDERS OF APPROVAL DATED 14/10/2009 ISSUED BY THE UNIVERSITY.** **EXT.P4: COPY OF THE UNIVERSITY ORDER REGARDING FIXATION OF STAFF STRENGTH FOR THE YEAR 2007-08.** **EXT.P4(a): COPY OF THE UNIVERSITY ORDER REGARDING FIXATION OF STAFF STRENGTH FOR THE YEAR 2008-09.** **EXT.P5: COPY OF THE OBJECTION RAISED BY THE DEPUTY DIRECTOR VIDE LETTER DATED 20/06/2009 IN REJECT OF THE 1ST PETITIONER.** **WP(C).No. 12385 of 2010(W)** **EXT.P5(a): COPY OF THE REPLY DATED 03/12/2009 GIVEN BY THE PRINCIPAL.** **EXT.P6: COPY OF THE OBJECTION VIDE LETTER DATED 15/01/2010.** **EXT.P7: COPY OF THE LETTER DATED 29/03/2010 SENT BY THE 5TH RESPONDENT TO THE PRINCIPAL OF THE COLLEGE.** **EXT.P7(a): COPY OF THE LETTER DATED 30/03/2010 SENT BY THE 5TH RESPONDENT TO THE PRINCIPAL OF THE COLLEGE.** **EXT.P8: COPY OF THE ORDER PASSED IN O.P. NO. 16572/1995.** **EXT.P8(a): COPY OF THE ORDER PASSED IN O.P. NO. 24481/1998.** **RESPONDENT'S EXHIBITS: NIL** **//TRUE COPY//** **P.S. TO JUDGE** **rs** ## **`K.T.SANKARAN, J`** `.` ``` ------------------------------ ``` ``` W.P.(C).No.12385 OF 2010 ------------------------------ Dated this the 1st day of November, 2010 ``` ## **`JUDGMENT`** ``` The petitioners were appointed as Lecturers in Mar Thoma College, Thiruvalla. They were selected and appointed on the basis of the recommendation made by the statutory Selection Committee consisting of the nominees of the Government and the University, as evidenced by Ext.P1. It is stated that based on the recommendations of the statutory Selection Committee, the petitioners were appointed with effect from 16.1.2008, 17.1.2008, ``` ``` 23.1.2008, 29.7.2008, 6.8.2008, 21.8.2008 and ``` ``` 21.8.2008 respectively. The appointments of the ``` ``` petitioners were approved by the University as per orders dated 11.2.2009, 14.10.2009 and 14.10.2009. ``` **==> picture [397 x 13] intentionally omitted <==** ``` were submitted to the Deputy Director, Ext.P5 objections were raised with regard to the first ``` ``` W.P.(C).No.12385 OF 2010 2 ``` ``` petitioner's appointment and the same was returned on the ground that prior concurrence of the Government was not obtained for making appointment. The Principal sent Ext.P5(a) reply to Ext.P5 objections. Still, the salary bills were not honoured. Another objection was raised as evidenced by Ext.P6 also, to which the Principal sent a reply. ``` ``` 3. Similar objection as raised in the case of the first petitioner were raised in the case of the other petitioners also. The result is that though the petitioners were duly appointed and though the University approved their appointments, the petitioners are not getting salary right from 2008. ``` ``` 4. The question of law involved in the Writ Petition is well settled in favour of the petitioners inCherian Mathew v. Principal S.B.College, Changanassery(1998(2) KLT 144)and ``` ``` W.P.(C).No.12385 OF 2010 3 ``` ``` Shalini Rachel v. Manager, Christian College(2007 ``` ``` (3) KLT 355). In Cherian Mathew's case, it was held that a teacher whose appointment is approved by the University, should be paid the salary by the Government. It was also held that in case the Director of Collegiate Education doubts the propriety of the appointment of a teacher in the sense that the work load did not require the appointment of such a teacher, the issue will have to be taken up by him with the University. The University has to re-examine the entire issue and to take a decision on the issue as to whether the appointment was proper or not. It was also held that when the University takes a decision on that aspect, that decision will be binding on the Government. ``` - `5.Paragraphs 10 and 11 in Shalini Rachels case` - `read as follows:` ## `W.P.(C).No.12385 OF 2010 4` ``` “10. Scope of S.57(2) of the Kerala University Act has to be tested in the light of the above mentioned statutory provisions. Power of the University in granting approval as well as sanctioning posts after ascertaining the work load and fixation of staff pattern as per the Statues has not been taken away by the University Amendment Act 2 of 2005. Clear cut provisions have been made in the University Statues and Ordinances as to how the work load has to be assessed and staff strength fixed so as to avoid unnecessary appointments. Further the interest of the students is also to be safeguarded by appointing sufficient number of teachers without delay. Power is also conferred on the Deputy Director of Collegiate Education to take up the matter with the University in case there is any doubt with the approval granted. In appropriate cases, Government can also examine the action taken by the Deputy Director and address the University through him. ``` ``` 11. We have no reason to think that an august body like Syndicate or the Deputy Director of Collegiate Education would act arbitrarily or against public interest while exercising powers statutorily conferred on them. Sub-s.(1) of S.57 only says that appointments to the posts eligible to receive salary from the Government shall be made only after getting prior sanction from or from such officers authorised by the Government. For filling up the posts sanctioned by the University on the basis of work load or staff pattern, no prior permission of the Government is necessary. Once Syndicate of the University grants approval for filling up the existing vacancies depending upon the work load and staff pattern Government is obliged to pay salary of the teachers appointed by duly constituted Selection Committee. If Government or its officers find that the ``` ## `W.P.(C).No.12385 OF 2010 5` ``` approval was granted by the University illegally it can always take up the matter before the University or other forums so that public interest will not suffer. S.57 (1) was introduced not to take away the statutory powers already conferred on the Syndicate of the University. Principle laid down in Cherian Mathew's case, supra in our view, still holds good. In view of the above mentioned circumstances, we are inclined to affirm the judgment of the learned single Judge in W.P.C.No.12109 of 2006 and dismiss W.A.No.940 of 2007.” ``` ## `6. In view of the authoritative pronouncements` ``` mentioned above, the petitioners are entitled to the reliefs prayed for in the Writ Petition. Accordingly, Exts.P5, P6, P7 and P7(a) are quashed. The petitioners shall be paid their salary including arrears of salary. The arrears of salary shall be paid within a period of three months. The respondents should see that the salary of the petitioners from the month of November,2010 onwards is paid without any objection. ``` ## `7. The learned Government Pleader submitted` ``` that the right of respondents 3 to 5 to address the University about their objections to the approval ``` ``` W.P.(C).No.12385 OF 2010 6 ``` ``` of appointment of the petitioners may be reserved, ``` ``` as observed in Cherian Mathew's case. It is so ``` ``` reserved. However, such reservation should not stand in the way of implementation of the ``` ``` directions contained in the preceding paragraphs. ``` ``` The Writ Petition is allowed as above. ``` ``` K.T.SANKARAN, JUDGE. ``` ``` cms ```