MANAGER PAZHASSIRAJA COLLEGE Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) Writ Petition has been preferred by the Manager of an aided college along with the Parent Teacher Association seeking a declaration that Section 57(1) incorporated by "the University Laws (Amendment) Act 2005" and the guidelines issued by the Government vide Ext.P17 G.O.Ms. No. 95/2006H. Edn dated 10-8-2006 are invalid and ultra vires of the Constitution of India and contrary to the Direct Payment Agreement and also for a direction to the first respondent to issue staff Fixation order in view of Exts.Pl(a), P4, P6 and P7 and Ordinances relating to the workload and staff pattern of Teachers. Petitioners have also prayed for a direction to respondents 1 and 2 to depute University and Government nominees so as to constitute the Selection Committees and to effect appointments to the vacant posts.

(2.) The impact of the University Laws (Amendment) Act, 2005 by which Sub-section (1) was inserted to Section 57 of the Kerala University Act, 1974 and to other similar University Acts on the Direct Payment agreement entered into between aided colleges and the State Government was considered in State of Kerala v. Dr. Sina A.R.,2007 3 KGC 96. This Court declared that it is obligatory on the part of the Government to release salary due to the teachers whose appointments are duly approved by the University taking note of the work load and staff fixation. This Court also held that Government have however to obligation to disburse salary if appointments are made by the aided colleges to posts which are not sanctioned by the Government when a new subject is sought to be introduced, or a new course or division is sought to be started. Government sanction is a pre condition under Section 57(1) of the University Act. Ext.P 17 order of the Government which is under challenge reads as follows:

(3.) Petitioners have stated that Government had accorded sanction for B.A. Tourism and Travel Management course to the college vide G.O. No. 12004/B/95/H.Edn dated 29-09-1995. University had granted permanent affiliation to the said course and for forty hours of workload, 3 teaching posts have been sanctioned to the college. Later as per order dated 4-11 -2004 University had granted permanent affiliation for the course for an intake of 40 students. According to the Management, it is a degree course and the delinking of pre-degree has not affected the student strength and staff pattern. Further it is stated that as against the three sanctioned posts for B.A.(Tourism and Travel Management) course three teachers are appointed in accordance with the statutory provision. Due to deputation granted by the University to M.R. Dileep, one of the Lecturers of the Department on appointment as Lecturer in Kerala Institute of Tourism and Travel Studies, an undertaking of the State Government, one post out of three sanctioned posts fell vacant. Further since the Head of the Department of Travel Management Dr. Robinet Jacob was assigned the charge of NCC and he has to teach only 12 hours as against 16 hours. Management is of course duty bound to submit statement showing the details of actual workload with student strength and University is bound to issue and communicate staff fixation orders before the commencement of the academic year, petitioners submit despite the submission of the workload statement, University is not issuing any staff fixation order.