The main legal point established in the judgment is that appointments in private colleges must adhere to the statutory provisions and be approved by the University, with the University's decision on the appointment being binding on the Director of Collegiate Education.

Headnote:
University Appointments - Collegiate Education - Kerala University First Ordinance 1978, Calicut University First Ordinance - Statute 3 - Procedure for calculating number of teachers required for a department - Disbursement of salary by Director of Collegiate Education - University's decision binding on Director
Fact of the Case:

The court was tasked with laying down the principles under which the salary of petitioners, appointed in private colleges, is to be disbursed by the Director of Collegiate Education. The court disposed of the matters by stating the law on the basis of which appointments in Private Colleges are to be effected, the appointments are to be approved by the University and the law governing the disbursement of their salary by the Director of the Collegiate Education.
Finding of the Court:

The court found that appointments in private colleges must be made in conformity with the work load assessed by the University and approved by the concerned University. The salary of the appointed teachers should be disbursed by the Government through the Director of Collegiate Education, and the University's decision regarding the number of teachers to be appointed is binding on the Government.
Issues: The issues revolved around the procedure for calculating the number of teachers required for a department as per the Kerala University First Ordinance 1978 and the Calicut University First Ordinance, and the disbursement of salary by the Director of Collegiate Education.
Ratio Decidendi: The court emphasized that appointments in private colleges must conform to the statutory provisions and be approved by the University. The University's decision on the appointment of teachers is binding on the Director of Collegiate Education, and the salary should be disbursed accordingly.
Final Decision: The court directed the concerned Deputy Director of Collegiate Education/Director of Collegiate Education to take up the issue regarding the appointment of the petitioners with the concerned Universities and to act in terms of their decisions. The Deputy Director/Director was instructed to examine the rights of the petitioners as Lecturers in the light of the statutory provisions and disburse their salary expeditiously if their appointments are found to be in conformity with the provisions.

Judgment :-

K. Sreedharan, J.

When these matters came up for final hearing, counsel appearing on either side submitted that this Court need not go into the individual claims of the petitioners in these matters and it is sufficient for this Court to lay down the principles under which their salary is to be disbursed by the Director of the Collegiate Education. It was submitted that Collegiate Director should examine the issues in the light of the principles to be stated by this Court and salary disbursed. If he entertains any doubt regarding the propriety of the decision rendered by the University giving approval to the teacher, the issue should be taken up with the University and the University's decision thereon should be binding on the Director.

2. As agreed to by counsel appearing on either side and the learned Government Pleader, we are disposing of these Original Petitions stating the law on the basis of which appointments in Private Colleges are to be effected, the appointments are to be approved by the University and the law governing the disbursement of their salary by the Director of the Collegiate Education. Accordingly, we are disposing of all the matters by this common judgment.

3. Kerala University First Ordinance 1978 inter alia provide for assessment of work load and pattern of teaching staff in Arts and Science Colleges. Chapter XIII of the First Ordinance deals with the said issues. Statute 3 is concerned with the procedure for calculating number of teachers required for a department. In the case of Mahatma Gandhi University, it is conceded before us, no separate Ordinance has been promulgated and the Kerala University First Ordinance govern all similar issues. Likewise the Calicut University First Ordinance which is in para materia with that contained in Kerala University First Ordinance controls the procedure for calculating number of teachers required for a department.

4. On the basis of the work load calculated in terms of Ordinance 3 in the Kerala University First Ordinance, teachers are allowed to be appointed in Colleges run by private management. The appointments so made in confirmity with the work load assessed by the University are approved by the concerned University. To the teacher whose appointments is so approved, salary should be paid by the Government through Director of Collegiate Education. In other words, when a teacher is appointed by private management in terms of the provisions contained in the Kerala University First Ordinance or the Calicut University First Ordinance as the case may be, his salary has to be disbursed by the Government if that appointment has been approved by the concerned University. In case the Director of Collegiate Education doubts the propriety of the appointment of a teacher in the sense that the work load did not require the appointment of such a teacher, the issue will have to be taken up by him with the University. The University then has to re-examine the entire issue and to take a decision on the issue as to whether the appointment was proper or not. When the University takes a decision on this aspect, that decision will be binding on the Government

5. No provision of the University Act First Statutes, Ordinance or Regulations in force enables the Government to sit in judgment over the decision arrived at by the University regarding the number of teachers to be appointed in a Department in a college run by a private management. In the absence of such a provision, the Government is not entitled to impose a condition that prior approval from the Director of Collegiate Education is needed for a management to appoint a teacher in its staff.

6. Procedure for calculating number of teachers required for a department as per Third Ordinance in Chapter XIII of the Kerala University First Ordinance, prior to its amendment on 13.9.93 is in the following terms:

i) The total number of lecture hours per week in the case of Art. Subjects and the total number of lecture hours and su

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