NAIR SERVICE SOCIETY Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) In all these Writ Petitions main issue to be considered is the extent of the power of the Kerala University to issue first statute regarding transfer of teachers of Colleges under corporate Managements affiliated to the University. University of Kerala was reorganised by the Kerala University Act 1974 (Act 17 of 1974). By using powers under S.83 of the Kerala University Act, Government of Kerala issued Kerala University, (Intra University Transfer of Teachers of Colleges under Corporate Managements having Colleges affiliated to the Kerala University First Statute, 1990). The above is produced as Ext. P1 in WP (C) No. 25521/2004. A Division Bench of this Court in W. A. No. 380/1991 (Ext. P2 in WP (C) No. 25521/2004) held that Government has no power to issue such First Statute but it is for the authorities of the University to make relevant Statutes regarding the same. It was observed as follows:

(2.) We may first consider the argument advanced by the petitioners, who are challenging amendment incorporating Chapter 4A to First Statute. Their contentions are:

(3.) S.5(xiii) of the Kerala University Act provides that with the previous sanction of the Government, University can frame statute, regulate the emoluments and prescribe the duties and conditions of service of teachers and non teaching staff in private colleges. S.19(2)(h) also gives power to the Senate to make, amend or repeal statutes regarding the conditions of service of teachers or non teaching staff in private colleges with the previous concurrence of the Government. It is the contention of the petitioners that S.60(1) only enables the University to prescribe the conditions of service by framing statutes and it will not include the transfer of service. S.60(1) reads as follows: