VIDYADHIRAJA VIDYA SAMAJAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Above Writ Appeal and two Writ Petitions have been heard together and are being decided by this common judgment. While hearing W.A. No. 1945 of 2009, in pursuance of the order passed by us on 22.7.2014, both the above Writ Petitions were also directed to be heard along with the Writ Appeal, so that dispute between the parties may come to an end. Consequently, both the Writ Petitions were also listed and heard along with the Writ Appeal. Brief facts giving rise to W.A. No. 1945 of 2009 need to be noted first. The appellants had filed WP(C). No. 18437 of 2009, which has been dismissed by the learned single Judge on 19.8.2009, against which the Writ Appeal has been filed. The first appellant is an educational agency managing the second appellant Shree Vidyadhiraja Homoeopathic Medical College, Nemom, Thiruvananthapuram. The Government of Kerala introduced the Direct Payment System (DPS) in the second appellant College with effect from 1.9.2002. As per the bilateral agreement entered into between the State and the educational agency, the educational agency had made appointments of various teaching and non-teaching staff, including Dr. Shylaja K. Nair, third respondent in the Writ Appeal as well as Dr. P. Rema Devi, who has been impleaded as additional 19th respondent in the Writ Appeal. The College is affiliated to the University of Kerala, which is governed under the Kerala University Act, 1974. After affiliation of the College, non-teaching and teaching staff of the College were approved by the University. The appellants have brought on record order dated 16.4.2010 of the Registrar of University of Kerala approving the appointment of teaching and non-teaching staff. The said order indicates that Dr. P. Rema Devi has been approved as Tutor with effect from 1.9.2002. The appointment of third respondent Smt. Shylaja K. Nair has also been approved by the University as Lecturer with effect from 1.9.2002. The order of the Registrar, University of Kerala has been brought on record.

(2.) There has been no regular approved Principal in the College. One Dr. Somasekharan Pillai, who was in additional charge of the Principal was working as Drawing and Disbursing Officer. He retired on 30.4.2009. On the recommendation of the Principal and Controlling Officer, Government Homoeopathic Medical College, Thiruvananthapuram names of five seniormost teaching staff of the College were recommended. The Government issued order dated 12.6.2009 appointing Dr. Shylaja K. Nair, Lecturer as Drawing and Disbursing Officer of the College. The Secretary of the educational agency vide his letter dated 17.1.2009 had put Dr. P. Rema Devi in the additional charge of the post of Principal after suspending Dr. Somasekharan Pillai. The Secretary of the educational agency wrote a letter dated 17.6.2009 to the Secretary to Government, Health & Family Welfare Department objecting appointment of Dr. Shylaja K. Nair as Drawing and Disbursing Officer. It was stated in the letter that the order dated 12.6.2009 issued by the Government may be cancelled and Dr. P. Rema Devi may be permitted to function as Drawing and Disbursing Officer. W.P.(C). No. 18437 of 2009 has been filed by the appellants challenging Exhibit P5 order of the State Government dated 12.6.2009 as well as consequential order, Exhibit P6 dated 23.6.2009. The following reliefs had been prayed in the Writ Petition:

(3.) Counter-affidavit has been filed by the second respondent as also third respondent opposing the Writ Petition. Second respondent, Principal and Controlling Officer, Government Homoeopathic Medical College, Thiruvananthapuram pleaded that appointment of Dr. P. Rema Devi having not been approved, she cannot be allowed to function as Drawing and Disbursing Officer. It was further pleaded that no procedure has been complied with by the management towards the alleged appointment of Dr. P. Rema Devi as the Principal. It was pleaded that in the absence of Principal, seniormost teacher can function as Principal. It was pleaded that Dr. P. Rema Devi, who claims to be appointed as Principal, is only a tutor. There being no candidate available in the category of Reader, Dr. Shylaja K. Nair being only Lecturer in the institution was appointed as Drawing and Disbursing Officer. The third respondent in the counter-affidavit has also supported her appointment as Drawing and Disbursing Officer. She claims that she being the only Lecturer was rightly appointed as Drawing and Disbursing Officer. Dr. P. Rema Devi being Tutor is neither eligible nor entitled. The alleged appointment of Dr. P. Rema Devi as Principal has never been approved. W.P.(C). No. 18437 of 2009 was dismissed by the learned single Judge by judgment dated 19.8.2009 upholding the appointment of Dr. Shylaja K. Nair as Drawing and Disbursing Officer. The learned single Judge also held that appointment of Principal in charge is not an approved one. The appellants filed W.A. No. 1945 of 2009 against the judgment of the learned single Judge. The Division Bench passed an interim order on 7.9.2009, which is to the following effect: