MANAGER PRAJYOTI NIKETAN COLLEGE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the Manager and the Principal of Prajyoti Niketan College, Pudukad, an Aided private college affiliated to the Calicut University, the 6th respondent, which was sanctioned by the Government in the year 1994. Petitioner's College is a NAAC 'A' accredited Aided College entered into the Direct payment agreement with the 6 th respondent. In the Department of English four full time teaching posts are sanctioned and existing. As per various sanction orders 7 permanent sanctioned teaching posts are existing in the Department of Psychology. There was retirement in between. The grievance highlighted by the petitioner is that, in spite of all earnest efforts made by the Management of the College, the Government have not appointed its nominee in order to call for the selection committee to conduct selection to the vacant post. It is also pointed out that, this question was considered by a Division Bench of this Court in Manager, Pazhassiraja College and Another v. University of Calicut and others [2007(3) KHC 443) and held that the Government is duty bound to depute a nominee to constitute the selection committee to select suitable candidate for appointment of the teaching staff. The issue was again considered by a learned Single Judge of this Court, taking into account the proposition of law laid down by the Division Bench and rendered Ext.P13 judgment in W.P.(C) No.6367/2018 dated 14.3.2018 and held as follows in Paragraph 6.

(2.) After having heard learned Counsel for the petitioner, learned Government Pleader and the learned Standing Counsel appearing for the University, I am of the considered opinion that, in order to protect the best interest of the students, the teachers are to be appointed at the earliest possible time when the vacancy arises. The Government is not at liberty to sit over such situations at its sweet will and pleasure.

(3.) In that view of the matter, it is only appropriate the Government is directed to appoint its nominee to consitute a selection committee to conduct selection, at the earliest possible time. Assimilating the situations and evaluating the pros and cons, this writ petition is disposed of, directing the Government to appoint its nominee and constitute a selection committee, at the earliest possible time and at any rate, within one month from the date of receipt of a copy of this judgment. I also make it clear that the appointment vis-a-vis the work load is a matter to be considered by the Government, in accordance with the factual situation.