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2007 Supreme(Ker) 313

K.S.RADHAKRISHNAN, ANTONY DOMINIC
The State of Kerala, Rep, by the Principal Secretary, Thiruvananthapuram – Appellant
Versus
Dr. Sina. A. R. , Lecturer, Malappuram District – Respondent


Judgment :-

K.S. Radhakrishnan, J.

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 Section 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 W.P.C.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 authorized by the Government is necessary. S





















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