CHANDRASEKHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) On the basis of a joint representation made by 26 members of the Legislative Assembly, the Executive Committee of the North Kerala Teachers' Training School Managers, Association, and others, additional seats to the T.T.C. Course was sanctioned in Government and Private Aided Teachers' Training Institutes. By G.O. (Rt.) 2991/92/G. Edn., dated 1st August 1992, additional seats to the course were sanctioned to 48 Teachers' Training Institutes. Later another 19 institutes were also allowed to admit additional students by G. O. (Rt) 3485/92/G. Edn., dated 5th September 1992. These Government orders while sanctioning additional seats specifically provided that selection will be strictly in accordance with the existing rules. Some of the managements situated in Malabar area represented to Government that Malabar is an educationally backward area and so, Managers must be given freedom to fill up the additional seats without reference to relevant rules in the Kerala Education Rules. Since Government did not pass any order on that representation, they approached this court by filing O. P. 12117/1992, inter alia praying for a declaration that they are entitled to fill up the additional seats with persons of their choice untrammelled by any of the conditions relating to admission of candidates to the said seats. This Court by judgment dated 24th September 1992

(2.) While sanctioning additional seats to the Teachers' Training Institutes by order dated 1st August 1992, Government imposed certain conditions. They were that additional seats will be only for the academic year 1992-93; that no additional financial commitment will be met by the Government on any account towards this additional seats; and that the selection to the additional seats should be strictly in accordance with the existing rules. In the case of departmental Teacher's Training Institutes, it was ordered that additional seats are to be filled up from the existing waiting list already prepared by the selection committee for each district. In the case of management quota, it was ordered that fresh applications from candidates who are qualified for selection as on 31st March 1992 as published by the Director of Public Instruction in his order dated 17th January 1992 should be adhered to, subject to the decision of this Court in the case filed by the managements of private Teachers' Training Institutes. These conditions were reiterated while sanctioning additional seats to the other institutes as per Government order dated 5th September 1992. From these conditions, it is abundantly clear that the management are not to engage any additional staff to coach the additional students admitted to the additional seats. Since no financial commitment is to be met by the Government, the management was not to appoint any new staff or cast any additional financial burden on the Government for coaching the students admitted pursuant to the to the above orders. In other words, these students are to be trained with the already existing facilities in the institutes.

(3.) The argument advanced by the learned counsel representing the managements of institutes situated in Malabar area is that Malabar is an educationally backward area as has been held by the Supreme Court in State of Kerala v. T. P. Roshana AIR 1979 SC 765 . If selection is made to the