IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 7^TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943 WP(C) NO. 30416 OF 2021 PETITIONER:

THE MANAGER, BISHOP MOORE COLLEGE MAVELIKKARA, ALAPPUZHA DISTRICT-690110.

BY ADVS.

GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

A.R.DILEEP P.J.JOE PAUL MANU SRINATH RAJAN G. GEORGE RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695001.

3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM-691001.

4 UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, KERALA-695034.

BY ADV SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SMT ANIMA M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The Bishop Moore College through its Manager has approached this Court being aggrieved by the delay on the part of the 1st respondent in nominating a Government representative to the Selection Committee for the appointment of Assistant Professors in the College in terms of Chapter II of Kerala University First Statutes, 1979.

2. Brief facts are as under:

The petitioner contends that the staff pattern of teaching and non-teaching staff of private aided colleges was re-determined by the 3rd respondent on the basis of G.O.(MS) 93/2018 dated 19.5.2018. Ext.P1 is the copy of the workload assessed for the year 2018 in respect of Bishop Moore College. On its basis, Ext.P2 order was issued by the 4th respondent permitting the management to make appointments against the posts sanctioned by the Government. Ext.P3 Government Order would reveal that the Director of Collegiate Education had examined the proposal furnished by the Universities and recommended the creation of new teaching posts. Insofar as the Bishop Moore College is concerned, two additional posts were created for the Botany Department and three additional posts were sanctioned for Commerce as is evident from Ext.P3 order issued by the Government. It is contended that Dr Asha Ramachandran, an Assistant Professor of Botany working in the Bishop Moore College was selected and appointed as Assistant Professor in a Government College and she was relieved on the forenoon of 25.9.2018 and thus, an additional post of Assistant Professor, Botany occurred with effect from the said date. Sri. Johnson Chemmanam, an Associate Professor in the Department of Malayalam retired on superannuation and hence, there occurred a retirement vacancy with effect from 1.7.2018. These aspects are borne out from Ext.P4 relieving order and Ext.P5 letter.

3. According to the petitioner, the post of Assistant Professor in the College is liable to be filled up by direct recruitment as envisaged under Section 57 of the Kerala University Act, 1974. In terms of Statute 4(3)(c) of the Kerala University First Statute 1979, the petitioner requested the willingness of Smt. Anie Jula Thomas, Additional Secretary and Joint Fund Manager, Government of Kerala, and by Ext.P6 communication, has expressed her consent to be nominated as the Government representative. The petitioner in the said circumstances submitted Exts.P7 and P8 representations before the 1st and 2nd respondents respectively seeking concurrence and permission for conducting teaching staff selection to two posts of Assistant Professors in the Botany, three posts of Assistant Professors in Commerce and one post of Assistant Professor in Malayalam. The petitioner contends that though Exts.P7 and P8 were submitted on 15.2.2021, no action has been taken to date. According to the petitioner, owing to the undue delay in appointing teachers to sanctioned posts, the interest of the students, as well as