LAWS(KER)-1996-3-14

CHERIAN MATHEW Vs. PRINCIPAL S B COLLEGE CHANGANACHERRY

Decided On March 25, 1996
CHERIAN MATHEW Appellant
V/S
PRINCIPAL S.B. COLLEGE, CHANGANACHERRY Respondents

JUDGEMENT

(1.) When these matters came up for final hearing, counsel appearing on either side submitted that this Court need not go into the individual claims of the petitioners in these matters and it, is sufficient for this Court to lay down the principles under which their salary is to be disbursed by the Director of the Collegiate Education. It was submitted that Collegiate Director should examine the issues in the light of the principles to be stated by this Court and salary disbursed If he entertains any doubt regarding the propriety of the decision rendered by the University giving approval to the teacher, the issue should be taken up with the University and the University's decision thereon should be binding on the Director.

(2.) As agreed to by counsel appearing on either side and the learned Government Pleader, we are disposing of these Original Petitions stating me law on me basis of which appointments in Private Colleges are to be effected, the appointments are to be approved by the University and the law governing the disbursement of their salary by the Director of me Collegiate Education. Accordingly, we are disposing of all the matters by this common judgment

(3.) Kerala University First Ordinance, 1978 inter alia provide for assessment of work load and pattern of teaching staff in Arts and Science Colleges. Chap.13 of the First Ordinance deals with the said issues. Statute 3 is concerned with the procedure for calculating number of teachers required for a department. In the case of Mahatma Gandhi University, it is conceded before us, no separate Ordinance has been promulgated and the Kerala University First Ordinance govern all similar issues. Likewise the Calicut University First Ordinance which is in para materia with that contained in Kerala University First Ordinance controls the procedure for calculating number of teachers required for a department.