UNNIKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) IN these Original Petitions the common question relating to the rights and privileges of the members of the non teaching staff working in the affiliated private colleges under one University for a transfer to another college under the same management affiliated to another University arises for consideration. O.P.Nos. 282, 742 and 12227 of 1997 relate to affiliated colleges under the Mahatma Gandhi University. O.P.No. 456/97 relates to Universities of Kerala, Calicut and Mahatma Gandhi. O.P.No. 19043 of 1996 has been filed by members of the non teaching staff against promotion and transfers of persons in accordance with the seniority list prepared University wise.

(2.) REFERENCE to exhibits in this judgment will be with reference to the exhibits produced in O.P.No. 282/97. By Ext. P1 dated 2.9.1995, the Government informed the Director of Collegiate Education that there was no enabling provision in the University Act or Statutes for a staff of a private college appointed in a college under a particular University to get a transfer to another University. Thereafter by Ext. P2 circular dated 30.10.1995, the Principals/Managers of all private colleges were requested to prepare University wise seniority lists of non teaching staff. Accordingly the various private college managements affiliated to the respective Universities prepared seniority lists of non teaching staff. In Ext. P4 judgment dated 27.6.1996, this Court directed the Travancore Devaswom Board, a corporate educational agency having colleges under the Kerala and Mahatma Gandhi Universities to prepare seniority lists of the non teaching staff of the colleges after inviting options.

(3.) THE petitioners in these Original Petitions except the petitioners in O.P.No. 19043/96 do not want inter University transfers. The petitioners in O.P.No. 19043/96 want promotion and posting in the colleges affiliated to other Universities where there are vacancies.