Prajyoti Niketan College represented by its Manager v. University of Calicut and others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940** **WP(C).No. 292 of 2018** **---------------------** **PETITIONER :** **----------** **PRAJYOTI NIKETAN COLLEGE REPRESENTED BY ITS MANAGER, PUDUKAD, THRISSUR 680 301.** **BY ADVS.SRI.BABY ISSAC ILLICKAL** **SRI.ISAAC KURUVILLA ILLIKAL** ## **RESPONDENTS :** - **-----------** **1. UNIVERSITY OF CALICUT** - **REPRESENTED BY ITS REGISTRAR, MALAPPURAM 673 635.** **2. STATE OF KERALA** **REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,** - **GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **3. THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** **4. DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001.** **5. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION PALACE ROAD, GOVERNMENT TRAINING COLLEGE COMPOUND, THRISSUR 20.** **R1 BY SRI.P.C.SASIDHARAN, SC,** - **R2 TO R5 BY SENIOR GOVERNMENT PLEADER SMT. NISHA BOSE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **bp 23/6/2018** **WP(C).No. 292 of 2018 (J) -------------------------** ## **APPENDIX** |**PETITIONER(S)' EXHIBITS**|**PETITIONER(S)' EXHIBITS**| |---|---| |**-----------------------**|| |**EXHIBIT P1.**|**COPY OF THE GOVERNMENT ORDER DATED 12.9.13**| ||**SANCTIONING B.COM WITH COMPUTER APPLICATION**| ||**COURSE IN COLLEGE.**| |**EXHIBIT P2.**|**COPY OF THE ORDER OF THE IST RESPONDENT DATED**| ||**28.9.13.**| |**EXHIBIT P3.**|**COPY OF THE STATEMENT OF WORKLOAD FOR THE**| ||**ACADEMIC YEAR 2015-16.**| |**EXHIBIT P4.**|**COPY OF THE REQUEST DATED 16.5.15 TO THE 4TH**| ||**RESPONDENT.**| |**EXHIBIT P5.**|**COPY OF THE LETTER DATED 17.9.15 TO THE 5TH**| ||**RESPONDENT.**| |**EXHIBIT P6.**|**COPY OF THE ORDER DATED 8.11.16**| |**EXHIBIT P6[A]. COPY OF THE ORDER DATED 4.11.17 OF THE 5TH**|| ||**RESPONDENT.**| |**EXHIBIT P7.**|**COPY OF THE ORDER DATED 4.7.17 OF THE IST**| ||**RESPONDENT.**| |**EXHIBIT P8.**|**COPY OF THE REQUEST OF THE PETITIONER DATED**| ||**8.12.17.**| |**EXHIBIT P9.**|**COPY OF THE WORKLOAD STATEMENT OF THE SUBJECT**| ||**OF COMMERCE IN THE B.COM FINANCE COURSE**| ||**FORWARDED ALONG WITH EXHIBIT P8.**| |**EXHIBIT P10.**|**COPY OF THE ABOVE JUDGMENT OF THIS HONOURABLE**| ||**COURT IN STATE OF KERALA V. DR.SINA ILR 2007 [3]**| ||**KER 122.**| |**EXHIBIT P11.**|**COPY OF THE JUDGMENT DATED 30.3.17 OF THIS**| ||**HONOURABLE COURT IN WPC 39632/16.**| |**EXHIBIT P12:**|**COY OF THE GOVERNMENT ORDER DT 9/5/2018**| |**RESPONDENT'S EXHIBITS :**<br>**NIL.**|| **//TRUE COPY//** **P.A. TO JUDGE** **bp 23/6/2018** ## **ANIL K.NARENDRAN, J.** **-----------------------------------------------** W.P.(C)No.292 of 2018 **-----------------------------------------------** Dated this the 13[th] day of June, 2018 ## **J U D G M E N T** The petitioner, which is a first grade college established in the year 1995 and affiliated to the 1[st] respondent University, offering five Under Graduate Programmes and one Post Graduate Programme, has approached this Court in this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent University to fix the workload, staff pattern and consequently sanction teaching posts for B.Com Finance course at Prajyothi Niketan College, Pudukad on the basis of Ext.P8 request and Ext.P9 statement of workload forwarded to the 1[st] respondent University. 2. Ext.P1 is the copy of the Government Order dated 12.9.2013 sanctioning B.Com with Computer Application Course in the petitioner's College and the 1[st] respondent University has granted affiliation to the said course from the academic year 2013-14, with a sanctioned intake of 40 students, vide Ext.P2 order dated 28.9.2013. Subsequently, on the request of the W.P.(C)No.292 of 2018 :-2-: petitioner, the 1[st] respondent University has sanctioned change of optional subject for B.Com Course as Finance, instead of Computer Application, with effect from the academic year 201415. Relying on Ext.P3 statement of workload for the academic year 2015-16, the petitioner would contend that the college has a workload of 61 hours in B.Com (Finance) course. The I[st] Year B.Com. Finance has a workload of 11 hours and the II[nd] and III[rd] years have a workload of 25 hours each. In order to sanction teaching posts in B.Com (Finance) course, the Principal of the College submitted Ext.P4 request dated 16.5.2015 before the 1[st] respondent University. However, the University has directed the petitioner to apply for Government sanction for creation of posts. Accordingly, the petitioner requested the 4[th] respondent Director of Collegiate Education through 5[th] respondent Deputy Director of Collegiate Education for sanctioning teaching posts in B.Com. course in the College. 3. Heard the learned counsel for the petitioner, the learned Standing counsel for the 1[st] respondent University and also the learned Senior Government Pleader for respondents 2 to 5. W.P.(C)No.292 of 2018 :-3-: 4. In support of the reliefs sought for in this writ petition, the learned counsel for the petitioner would place reliance on the judgment of the Division Bench of this Court in **State of Kerala v. Dr.Sina A.R. (2007 (3) KHC 96)** . 5. A counter affidavit has been filed on behalf of the 1[st] respondent University, wherein it has been stated that the Government by G.O.(Rt.)No.480/2017 dated 16.3.2017 constituted an Expert Committee to assess the workload and creation of post of teachers in aided colleges and that, the workload has to be assessed based on the report of the said committee. The Government is yet to issue orders on the report of the Expert Committee. 6. Along with the memo dated 12.4.2018 filed by the learned Senior Government Pleader, the report of the Expert Committee is placed on record, which reads thus; “Government have noticed several issues regarding workload and staff pattern of teaching staff in the arena of aided college sector. With a positive aim to solve the issues of workload and API Score, Government have constituted a committee to study the issues as per GO (Rt)No.167/2017/HEdn dated 03.02.2018 and GO (Rt)No.480/2017/HEdn dated 16.03.2017. That Committee has studied the issues in detail and furnished its report dated 16.05.2017 to Government. On receipt of the report, Higher Education Department in Government have examined the W.P.(C)No.292 of 2018 :-4-: matter in detail and forwarded the report to the Finance Department in Government for concurrence to implement the same since the recommendations will incur financial burden in future. Finance Department furnished their advice on 09.04.2018. The file which contains the Committee report is under circulation to take a decision. The Government shall take a suitable decision on the recommendation of the Committee soon and that will be intimated to the Universities in due course.” 7. During the pendency of this writ petition, based on the report of the Expert Committee, the Government has passed Ext.P12 Government order dated 9.5.2018, whereby uniform norms have been fixed for workload, approval of appointment of teachers in aided colleges, etc. The relevant portion of Ext.P12 order reads thus ; - “The teaching hours of Assistant Professor/Associate Professor shall be 16 hours per week, as ordered in the Government Order read as 1[st] above. - One more post will also be eligible when the remaining workload in a particular subject is 9 hours and above. - There shall be no reduction of the workload for head of the department. - One hour of teaching (theory class) for PG shall be treated as 1½ hrs for calculating workload. - There shall be no weightage for PG practicals. - The Principal should handle 5 hours of workload of his/her subject per week. - In case of single faculty subjects, one teaching post is admissible when workload is 8 hours and above.” W.P.(C)No.292 of 2018 :-5-: 8. As already noticed, the grievance of the petitioner in this writ petition is regarding non fixation of workload for B.Com Finance course with an intake of 40 students, which was subsequently increased to 60 seats from the academic year 201718, vide Ext.P7 order dated 04.07.2017. 9. During the course of arguments, the learned Senior Government Pleader would submit that, based on Ext.P12 Government order fixing uniform norms for workload, the Government has to constitute 'Workload Adalat' and based on the assessment made in the said Adalat, the request made by the petitioner can be finalised, within a time limit to be fixed by this Court. In such circumstances, this writ petition is disposed of with the following directions ; (i) In terms of Ext.P12 Government order dated 9.5.2018, the 3[rd] respondent shall constitute 'Workload Adalat', within a period of one month from the date of receipt of a certified copy of this judgment. - (ii) Thereafter, the request made by the petitioner to fix workload for B.Com Finance course shall be considered in W.P.(C)No.292 of 2018 :-6-: the said Adalat and a decision shall be taken within a further period of two months. All legal and factual contentions raised by the petitioner, relying on the documents produced along with this writ petition, are left open to be raised before the Workload Adalat at appropriate stage. Sd/- **ANIL K.NARENDRAN JUDGE** ami/14.6.18 //True copy// P.A.to Judge