SHALINI RACHEL VARGHESE Vs. MANAGER CHRISTIAN COLLEGE

JUDGEMENT

(1.) THE question raised in all these cases is with regard to the impact of the University Laws (Amendment) Act, 2005 by which sub-section (1) was inserted to S. 57 of the Kerala University Act, 1974 and to other similar University Acts and its impact on the Statutes, Ordinances and on the Direct Payment agreement entered into between aided colleges and the State Government. For the disposal of these cases we shall refer to the provisions of the Kerala University Act, Statutes and Ordinances.

(2.) A learned Single Judge in WPC No. 12109 of 2006 took the view that filling up of the vacancies to the post of teachers in private aided colleges is governed by the provisions of the University Act and Statutes and the University Laws (Amendment) Act does not provide that for filling up of vacancies in existing sanctioned posts Government sanction is necessary, but sanction is required only for filling up the newly sanctioned posts. State maintained the stand that even for filling up the vacancies in the existing sanctioned posts and also for the newly sanctioned posts, permission of the Government or the Officers authorised by the Government is necessary. Similar issue came up for consideration in another writ petition, WPC No. 9563 of 2006 and another learned Judge of this Court doubted the correctness of the decision in WPC No 12109 of 2006 and referred the matter for consideration by a larger Bench for an authoritative pronouncement on the question raised. Later few other cases have also been referred and we are now called upon to examine the impact of S. 57 (1) of the Kerala University Act, 1974 as amended by Act 2 of 2005 on the various other provisions of the Kerala University Act, Statutes and Ordinances framed thereunder and other related provision in various other University laws.

(3.) WE may examine the question raised in the light of the various provisions of the Kerala University First Statutes and Ordinance and also the impact of Act 2 of 2005 on the Bench ruling of this Court in Cherian Mathews case. Amendment effected by Act 2 of 2005 is as follows: 57. Appointment of teachers in private colleges.-- (1) Appointments to the posts eligible to receive salary from the Government shall be made only against posts sanctioned by the Government or by such officers as may be authorized by the Government. The Kerala University Act, 1974 was enacted to provide for the reorganisation of the University in Kerala with a view to establish a teaching, residential and affiliating University for the southern districts of the State of Kerala, sub-section (2) of S. 2 defines what is an affiliated college. A college is affiliated to the University in accordance with the provisions of the Act and the Statutes and in which instruction is provided in accordance with the provisions of the Statutes, Ordinances and Regulations. Sub-section (27) of S. 2 defines the word teacher to mean principal, professor, associate professor, assistant professor, reader, lecturer, instructor, or such other person imparting instructions or supervising research in any of the colleges or recognised institutions and whose appointment has been approved by the University. Therefore, only appointment of teachers approved by the University will satisfy the definition of teacher under S. 2 (27) of the Act. S. 21 deals with constitution of Syndicate. It says that the Syndicate shall be the Chief Executive body of the University and shall consist of ex officio members and other members. Secretary to Government, Higher Education or an officer not below the rank of Joint Secretary nominated by him, Director of Public Instruction and Director of Collegiate Education are ex officio members of the Syndicate apart from Vice Chancellor, Pro Vice Chancellor etc. S. 23 deals with powers of the Syndicate. Syndicate has been conferred with the power to approve appointment of teachers in private colleges. Chapter VIII of the Kerala University Act deals with private colleges and affiliation of colleges. S. 52 deals with governing body for private college under unitary management. Governing body consists of persons nominated by the Government. S. 53 deals with Managing Council for private colleges. S. 83 of the Act says that notwithstanding anything contained in the University Act, the First Statutes and the First Ordinances of the University shall be made by the Government.