AMINA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE management of M.S.M. College, Kayamkulam had requested the Government that two teaching posts in the Department of Zoology were to be sanctioned as duly admissible. The teachers already started to work, in anticipation of such sanction. By Ext. P9 Government Order dated 9.5.2003, the management, however, had been advised that since there was surplusage of teachers in private colleges, generally and as steps are being taken for deploying them to other private colleges, the request was being rejected. The teachers who stand affected thereby have approached this Court by way of these proceedings.

(2.) RELYING on a decision of this Court in O.P. No. 21268 of 2002, the petitioners submit that the objection as above is misconceived, if not illegal. On a perusal of the facts and the law that has to be applied, the contention appears to be sustainable, and the merits therefore could be examined.

(3.) THE two petitioners had on an earlier spell been appointed as Junior Lecturers in Zoology in January, 1988. The appointments had been approved. Such appointments were against leave vacancies. They were retrenched thereafter. By virtue of such service, statutorily they came to possess a right for reappointment to the next arising vacancies, and this has led to the present claim.