JUDGMENT

The petitioner was appointed as an Assistant Professor in Computer Science in Sacred Heart College, Chalakkudy – of which, the 4th respondent is the Manager – in December 2017. Her grievance in this Writ Petition is that the appointment has not yet been approved by the University or by the Government and hence that she is being subjected to extreme prejudice. She submits that this is more so because she has crossed the age of 41 and is now incapacitated from applying for any future appointments in the Aided or Government Sectors. She, therefore, prays that the 3rd respondent – University of Calicut be directed to approve her appointment and to forward the same to the Government for necessary action.

2. Sri.Kurian George Kannanthanam – learned Senior Counsel, instructed by Sri.Alex George – learned counsel for the petitioner, pointed out that the petitioner's appointment was made by the University based on an assessment of workload, with the junction of the competent Educational Authority; and that Ext.P4 would show that the number of hours for Computer Science was assessed to be 34 in the year 2017. He submitted that, going by the extant Government Orders, this would have entitled to the College two posts; but that only one had been sanctioned.

3. The learned Senior Counsel pointed out that, therefore, the University addressed the Government, through Ext.P7 dated 23.05.2019, seeking that the additional post be sanctioned, so that the petitioner's appointment can be regularized; but that this has fallen on deaf ears, with no action yet been taken on it. He thus prayed that Government be directed to take up Ext.P7 and to issue appropriate orders thereon, thus creating a post, so that his client's appointment can be approved by the University, to be then concurred by the Government, leading to salary and allowances being paid to her.

4. In response, the learned Government Pleader – Smt.Parvathy Kottol, submitted that Ext.P4 Assessment of Workload was not done by the Official Authorities, but by the University, solely on the basis of the documents and other inputs given to it by the College. She submitted that this is not binding on the Government; and that it has been well settled through a series of judgments by this Court, that Government is entitled to make an assessment of the same on their own.

5. The learned Government Pleader then added that the actual workload, settled through the process of law, is Ext.R1(a) – produced along with the counter affidavit of the 1st respondent – in which, the number of hours for Computer Science is only 26, thus meriting only one sanctioned post, which has already been granted. She submitted that Ext.R1(a) is based on the inputs given to the Government by the University themselves and therefore, that the petitioner cannot now seek any further relief based on Ext.P7. She thus prayed that this writ petition be dismissed.

6. In reply, the learned Senior Counsel –

Sri.Kurian George Kannanthanam, pointed out that the afore submissions of the learned Government Pleader are untenable, because Ext.P7 specifically says that an Adalath was conducted by the Deputy Director of Collegiate Education and the University of Calicut on 16.10.2018; and that, in this, it was found that another post in the Department of Computer Science was necessary.

7. Sri.Kurian George Kannanthanam then pointed out that, going by Ext.R1(a), the workload has been calculated on the basis of the Government Order dated 01.04.2020, which is wholly improbable, because this goes to say that what is assessed is the workload for the year 2018; and that too, in a 'workload Adalath' held in that year. He submitted that this is not merely improbable, but extremely mala fide because no Adalath could have been conducted in the year 2018 based on the Government Order dated 01.04.2020, and that this has been presented before this Court in an attempt to frustrate his client's legitimate claims.

8. I have considered the afore rival submiss