Government must honor obligations under Direct Payment Agreement to provide sanctioned teaching staff despite financial constraints.

JUDGMENT

Muralee Krishna S., J.

The respondents in W.P.(C)No.2061 of 2018 filed this writ appeal under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 21.01.2019 passed by the learned Single Judge in that writ petition.

2. The respondent, who is the Manager of S.E.S. College, Sreekandapuram in Kannur District, affiliated to Kannur University, approached this Court with W.P.(C)No.2061 of 2018 filed under Article 226 of the Constitution of India, being aggrieved by the non-sanctioning of required teaching staff to the college. By Ext.P19, Government order dated 05.01.2018, the request of the respondent was rejected, stating the reason that the State is facing a severe financial crunch. The respondent contends that as per Ext.P1 order dated 12.09.2013, the Government sanctioned one P.G. course (M.C.J.) and one U.G. course (B.C.A) at his college during the academic year 2013-14. By Ext.P2 order dated 23.05.2014, the Kannur University granted provisional affiliation to M.C.J (25 seats) and B.C.A (25 seats) in self financing stream for the academic year 2013-14. The Government by Ext.P3 order dated 03.07.2014, allowed the request of the Principal of the College to start the new aided course of B.Com Co-operation with 40 seats in lieu of the already sanctioned B.C.A vide Ext.P1 order from the academic year 2014-15. Accordingly, the Kannur University granted provisional affiliation to B.Com Co-operation with an intake of 40 students during the academic year 2014-15 by Ext.P4 order dated 08.08.2014. Pursuant to the creation of teaching posts in various colleges, vide Ext.P5 order dated 20.04.2015 of the Government and Ext.P6 direction dated 14.08.2015 of the Director of Collegiate Education to submit proposals for creation of posts in aided colleges, the Principal of the respondent college assessed the existing work load in the college in each department and submitted a proposal to the Government requesting to sanction five posts of Assistant Professors in M.C.J., two posts in B.Com and two additional posts in Electronics through proper channel. The respondent produced the aforesaid Ext.P7 proposal submitted by the Principal and countersigned by the Deputy Director of Collegiate Education, dated 26.11.2015, in the writ petition. The respondent contends that Kannur University has assessed the workload and forwarded the same by way of Ext.P7(a) proforma dated 22.07.2015. The respondent later approached this Court by filing W.P.(C)No.12297 of 2017, seeking a direction against the Government to consider Ext.P7 proposal and to create the posts mentioned in that proposal. By Ext.P16 judgment dated 06.04.2017, this Court disposed of that writ petition with a direction to the Government to take a decision in Ext.P7 proposal within a period of two months from the date of receipt of a copy of that judgment. The time fixed for taking a decision by the Government was later extended for another two months by Ext.P17 order dated 13.09.2017 in an interlocutory application filed in that writ petition. However, later the Government passed Ext.P19 order impugned in the writ petition, declining the creation of posts recommended by the Deputy Director of Collegiate Education. Hence, the respondent filed the writ petition seeking the following reliefs;

"i) to issue a writ in the nature of certiorari or such other appropriate writ, order or direction calling for the records leading up to the issuance of Ext.P19 and quash the same; ii) to issue a writ in the nature of mandamus or such other appropriate writ, order or direction commanding the first respondent to issue orders creating 5 posts