STATE OF KERALA; DIRECTOR OF COLLEGIATE EDUCATION; DEPUTY DIRECTOR OF COLLEGIATE EDUCATION Vs. SREENISH T V AND ORS

JUDGEMENT

(1.) Respondents 1 to 3 in the Writ Petition, the authorities under the Collegiate Education Department of the State, have filed this appeal, aggrieved by the judgment of the learned Single Judge directing payment of salary to the writ petitioners, who were appointed by the 7th respondent-SN Trust as Assistant Professors in the Colleges within the jurisdiction of the 4th respondent-University of Kerala. Parties are referred to herein as described in the writ petition.

(2.) The writ petitioners were appointed as Assistant Professors in Political Science, as per Exts.P1 and P2 orders dated 1.10.2012, in the Sree Narayana College, Chembazhanthy and Sree Narayana College, Punalur respectively, which are under the management of the 7th respondent S.N Trust. The appointments of the writ petitioners were made from a rank list in which the 1st petitioner was ranked 5th and the 2nd petitioner was ranked 12th. As per Ext.P6 order dated 31.10.2013 of the University of Kerala, the 1st petitioner's appointment was approved w.e.f. 10.10.12 against a vacancy which arose on promotion of Sri L.Thulasidharan, as Principal in SN College, Chempazhanthi, whereas the 2nd petitioner's appointment was approved w.e.f. 1.10.12 against a vacancy which arose on transfer of one Smt.Archa Arun in S.N College, Punalur.

(3.) The Deputy Director of Collegiate Education, on verification of the records found that Sri. B. Suresh kumar, a Political Science hand was the Principal of S.N College, Chembazhanthi as on 10.10.2012, the date of appointment of the 1st petitioner. Therefore, with the available workload of 58 hours, there were only 10 hours left after allocating 48 hours to 3 teachers and that, out of the remaining 10 hours, 5 hours had to be allotted to the Principal and the balance 5 hours was not sufficient to justify any more appointment. Accordingly the Deputy Director, by Ext.P7 letter dated 8.2.2014, returned the proposal sent to him, with respect to the 1st petitioner to the Principal, informing that the University was being requested to review the approval, pointing out that the details furnished by the College in the statement of workload were factually incorrect giving a different name for the Principal with English as his subject of teaching, whereas Sureshkumar, a Poitical Science hand was the Principal at the relevant time.