THANKAMONI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) Petitioner is a Reader in Biotechnology Department of the University of Kerala. She was so appointed on 28.2.1995. By Ext. P2 she has been put in charge of the Head of that department by the Vice Chancellor. She is continuing as such. Later, there was an attempt to transfer a Professor from another department to Biotechnology Department. That is evident from Ext. P6. The Syndicate decided to transfer a Professor from one Department to Biotechnology department. That has been stayed by this Court in C. M. P. No. 36401/2001 in O. P. No. 21701/2001. It is still in force. That is not disputed. Now Ext. P7 whereby a decision of the Syndicate to shift one post of Professor from the Bio - Chemistry Department to Bio - Technology department has been implemented, is impugned in this Original Petition. No incumbent is transferred but only a post is transferred as per Ext. P7. That means a new post of Professor is instituted in Bio - Technology department on transfer from Bio - Chemistry department.

(2.) This order Ext. P7 is challenged as incompetent and without jurisdiction. It is submitted relying on S.19(2)(e) of the Kerala University Act that only the Senate of the University will have the power "to institute Professorships, Readerships, Lecturerships, and such other teaching or research posts as it may deem necessary". It is further submitted that as per S.23 regulating powers of the Syndicate, such a power is not vested with the Syndicate. Even institution of a teaching post as per S.19, by the Senate shall be based on the proposals made by the Academic Council concerned under S.25(ix). It is further contended relying on para 1 of Chap.3 of the Kerala University First Statutes that "The Senate shall be competent to institute Professorships, Readerships, Lecturerships, and such other teaching and research posts required by the University on the motion of the Syndicate and / or on the proposals of the Academic Councils therefore endorsed by the Syndicate". For this also, there shall be proposals from the Academic Council concerned or motion by the Syndicate in the Senate. The Syndicate cannot at any rate by itself create a post of Professor in any of the departments in the University.

(3.) It is contended by the counsel for the University that this is only a transfer of a post from one department to another. So, it does not militate against the provisions contained in S.19(2)(e).