M S M COLLEGE Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioner is the Manager of M.S.M. College, Kayamkulam. This Writ Petition has been filed mainly with the prayer to quash Ext.P6 in so far as it imposes the condition that Government representative shall take part in the selection proceedings only in respect of the post of Lecturers in Arabic and Physics. Consequential reliefs have also been prayed for in this Writ Petition.

(2.) According to the petitioner, considering the workload and the pattern, the first respondent University has sanctioned and approved 35 posts in various departments of MSM College, Kayamkulam for the academic year 2008-09 in terms of the Kerala University First Ordinance, 1974. In the light of the judgment of this Court in Shalini Raphel v. Manager, Christian College,2007 3 KerLT 355, in the matter of filling up of posts sanctioned by the University based on the workload and staff pattern, no prior permission of the Government is required, it is further submitted. Selection in respect of those sanctioned posts as per Ext.P2 has to be conducted by a selection committee. Going by the relevant provisions, a nominee has to be deputed by the Government in the matter of constitution of such a selection committee. In fact, Ext.P6 has been issued in accordance with the relevant provisions and honouring the said obligation. The petitioner is aggrieved by the rider in Ext.P6 whereby restricting the participation of the said Government nominee only for the selection of one lecturer each in the subjects of Arabic and Physics sanctioned as per Ext.P2.

(3.) Admittedly, as per Ext.P2, altogether 35 posts have been sanctioned for various departments in the MSM College, Kayamkulamby the first respondent University. Now, the question is whether in such circumstances the Government could impose such a condition as in Ext.P6 restricting the participation of its nominee in respect of selection to the post of Lecturers in Arabic and Physics. A statement has been filed by the third respondent in this Writ Petition. It is stated thereunder that the Government have accorded sanction to fill up 8 vacancies of different subjects in the college (Analytical Chemistry-1, Physics-1, Economics-2, Commerce-2, History-1 and Politics-1). In other words, Government have objection with respect to the sanctioning of the other 27 posts as per Ext.P2. The statement carries the objections with respect to the sanctioning of the said 27 posts. In the nature of the order I propose to pass in this Writ Petition I do not think it necessary to consider the merits of such objections at this stage. In the light of the decision in Shalini Raphel v. Manager, Christian College,2007 3 KerLT 355 (supra), the petitioner is not under an obligation to get prior permission from the Government in the matter of filling up of posts sanctioned by the University. Ext.P2 would reveal that 35 posts in various departments were sanctioned by the University considering the workload and staff pattern. The Division Bench judgment Shalini Raphel v. Manager, Christian College,2007 3 KerLT 355 assumes relevance in this context and the same in so far as it is relevant, reads thus: