Manager vs State Of Kerala And Ors

The prayers in these writ petitions were with regard to sanctioning of posts and the filling up of the resultant vacancies in the petitioner's college.

Heard the learned counsel for the petitioner and the leaned Government Pleader.

It is submitted that by Ext.P1 order dated 12.9.2013, the Government accorded sanction for commencing an aided course in M.A. English in the

petitioner's college from the year 2013-14. Affiliation was also granted by the University. By Ext.P5, the workload was fixed as 176 hours and 11

posts could therefore be sanctioned. It is stated that the petitioner's college has only five teachers in English and six more posts are available to be

filled up.

In the History Department of the college, it is submitted that there is a workload of 46 hours and only one teacher is working. Therefore, two more

posts are to be filled up. Further, it is contended that the students strength of the college is above 1000 and therefore, two posts of Physical Education

teachers are available. The petitioner submitted application before the 1st respondent requesting to depute a Government nominee for the conduct of

the selection. By Ext.P10, a Government nominee was assigned for filling up of one vacancy in History, Zoology and Physics respectively. The

petitioner approached this Court and by Ext.P11 judgment, the request of the petitioner for Government nominee for filling up of the posts in English,

History and Physical Education was directed to be considered. By Ext.P12 order dated 5.12.2019, the Government accorded sanction for filling up the

posts and deputed a Government nominee on condition that the management shall make appointment only to the posts which are sanctioned by the

Government with sufficient workload. Thereafter, pursuant to the directions from this Court, the Government passed Ext.P15 order dated 12.5.2020

rejecting the request for creation of further teaching posts. Thereafter, by Ext.P17 general order dated 31.12.2020, three posts in English were

sanctioned.

The learned counsel for the petitioner, therefore, contends that the petitioner is liable to be permitted to make appointments to all the available

vacancies of teaching staff in the college by constituting a Selection Committee with the Government nominee allotted by Ext.P12. It is submitted that

the delay in constituting the Selection Committee and finalising the appointments are creating undue hardship and difficulty to the petitioner.

A statement has been placed on record by the 2nd respondent. It is stated at paragraphs 2, 3 and 4 of the statement as follows :-

“2. According to the workload adalath held before issuance of English G.O.(MS)No.155/2020 dated 01.04.2020, the workload of the

English Department was 201 hours. When the weightage allotted for PG Courses was waived as per Government Order (MS)

No.155/2020/H.Edn. dated 01.04.2020, the workload was reduced to 176 hours. The College was having 8 post in English. The post can be

sanctioned only on the basis of G.O.(MS) No.155/2020/H.Edn. Dated 01.04.2020. Hence, the remaining 3 posts were sanctioned as per

G.O.(MS) No.471/2020/H.Edn. Dated 30.12.2020. As per existing workload only 11 posts in English Department can be sanctioned.

The estimated workload for History is 46 hours. There is no PG course in History. Hence earlier workload itself exist. But as per G.O.

(MS) No.155/2020 dated 01.04.2020, appointments are allowed only for post having workload of 16 hours per week in the teaching post.

Hence as per workload of History only two posts can be sanctioned. Hence not eligible for any additional post. Already there is two

sanctioned posts in History.

Already 2 teaching posts are sanctioned in the Physical Education Department. The College is not eligible for any additional posts, since

students strength is 1214. Eligible posts is sanctioned for aided Colleges on the basis of G.O.(MS) No.155/2020/H.Edn. Dated 01.04.2020.

True copy of G.O.(MS) No.155/2020 dated 01.04.2020 is produced herewith and marked as Annexure R2(a).â€​

An I.A. has been filed by the petitioner as I.A. No.1/2021. It is stated in the affidavit filed in support of the said application that since 11 posts in

English, two posts in History and two posts in Physical Education have been sanctioned going by the statement filed by the 2nd respondent, the

petitioner is liable to be permitted to fill up all the available vacancies in the sanctioned strength subject to an objection with regard to eligibility for

three posts in History which is to be left open to be decided in appropriate proceedings. The petitioner, therefore, seeks a direction for permission to fill

up the posts admittedly available in the college by convening the Selection Committee consisting of the Government nominee deputed as per Ext.P12

Government Order.

The learned Government Pleader would submit that Ext.P12 Government Order was issued on 5.12.2019 and that it is only on 30.12.2020 that three

additional posts in English had been sanctioned to the college. It is, therefore, contended that a further request has to be made by the petitioner before

the Government for deputing a Government nominee for selection to the three additional posts sanctioned in English by Ext.P17.

Having considered the contentions advanced on either side and having perused the pleadings and documents placed on record, I am of the opinion

that these writ petitions can be disposed of with a direction to the respondents to permit the selection to be conducted for the vacant posts in the

sanctioned strength of teaching staff in the petitioner's college. Since it is specifically admitted in the statement filed by the 2nd respondent that there

are 11 posts in English, two posts in History and two in physical education, the posts in the said sanctioned strength which are now vacant are liable to

be permitted to be filled up. Therefore, the petitioner is liable to be permitted to make appointments against the six vacancies of Assistant Professors

in English, one in History and one in Physical Education by constituting a Selection Committee with the Government nominee as provided in Ext.P12.

The contention that a further request has to be made for deputing another Government nominee for the three posts which have been sanctioned by

Ext.P17 cannot be accepted in view of the fact that a Government nominee has already been deputed for the selection by Ext.P12 and that the

selection has not taken place.

In the above view of the matter, these writ petitions are disposed of directing the respondents to permit the petitioner to carry out the selections for the

six posts of Assistant Professor in English, one post in History and one post in Physical Education with the Government nominee as provided in

Ext.P12 order. This will be subject to the contentions of the petitioner with regard to the availability of a third post in History, which is liable to be

considered in appropriate proceedings.