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2019 Supreme(Online)(KER) 30200
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
THE MANAGER, ST GEORGE COLLEGE – Appellant
Versus
THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION – Respondent
WRIT PETITION (CIVIL) 13956/2018
Government approval for creating teaching posts in aided colleges is mandatory and contingent upon a proper workload assessment.
Headnote:
Sanction - Aided Colleges - University Act Section List - The court emphasized the mandatory need for government sanction for creating teaching posts in aided colleges as per the University Act, highlighting the necessity of assessing workload before sanctioning additional posts.
Fact of the Case:
The managers of aided colleges petitioned for sanctioning teaching posts based on courses approved in 2013. Although the government sanctioned the courses, it had not approved the creation of posts, causing reliance on guest lecturers due to mandatory government approval requirements.
Finding of the Court:
The court concluded that the Government is obliged to assess workload and sanction posts accordingly, directing that a committee be formed to conduct a specific workload evaluation for the petitioners' colleges.
Issues: Whether the government must sanction teaching posts in aided colleges based on course approvals and the necessity of assessing workload for such sanctions.
Ratio Decidendi: The court held that government sanction is a prerequisite for creating teaching posts in aided colleges, necessitating a detailed workload assessment before any further action.
Final Decision: The writ petitions were disposed of with directions for workload assessment and subsequent post sanctioning.
JUDGMENT
The petitioners are the Managers of aided colleges in the State. They have approached this Court with a prayer to sanction the teaching posts within the Colleges based on the courses sanctioned in the year 2013. Courses were sanctioned based on the Government Order. Based on the sanction, the University also affiliated such courses. However, the Government had not sanctioned creation of the posts. As per the University Act and Statute, Government sanction is mandatory for creating posts. On account of this, the petitioners were forced to engage Guest Lecturers. As per the submissions at the Bar, initially, the Guest Lecturers were paid by the Colleges and thereafter, the Government shouldered the burden, by offering them to pay daily wages.
2. The Government having sanctioned the course is bound to assess the workload and grant sanction to create the posts. They should also know the consequences that would follow in regard to the creation of the posts. In some of the cases, the University has already assessed the workload.
3. The learned counsel for the petitioners would argue that there are cases where the Deputy Director of Collegiate Education has also recommended creation of the posts. Therefore, it is argued that the Government should sanction new teaching posts in those Colleges.
4. The learned Government Pleader placing reliance on Government Order G.O.(MS).No.93/2018/H.Edn., dated 09/05/2018 submitted that an Expert Committee has been constituted to assess the workload in respect of aided colleges in the State and appropriate decision will be taken based on Expert Committee's recommendation.
5. Government Order as above indicates that this is a general government order in regard to the workload in all the colleges in the State. In these cases, controversy arose in the light of sanctioning of new courses by the Government. Therefore, it is necessary that a separate committee is constituted to assess the workload for taking a decision by the Government. The workload of each of the colleges of the petitioners shall be assessed separately.
6. In the light of above, it is appropriate to dispose the writ petitions with the following directions:
The Director of Collegiate Education or any subordinate Director along with a nominee of the University shall form a committee to assess the workload of the petitioners' colleges under the University. Assessment of workload shall be done within two months. Based on the recommendation of the committee in regard to the work load, the Government shall sanction such posts as admissible without any delay, at any rate, within a further period of two months.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
21.1.2019 However, after the judgment was dictated in open Court on
17.1.2019, these cases were posted to today at the instance of the learned counsel for the petitioners in W.P.(C).Nos.12863, 13956, 16377 & 16801 of 2018. It is submitted today at the Bar that an Adalath has been conducted to assess the workload and, the assessment is completed in so far it is related to the M.G. University and Kannur University. That submission is recorded. In such circumstances, in regard to the Universities of which the assessment of workload had already completed in the Adalath, the Universities shall forward the report to the Government within two weeks. Thereafter, the Government shall take a decision within a further period of two months.
Writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
APPENDIX OF WP(C) 1362/2018 PETITIONE R S'EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER DATED
12.9.2013 BY THE HIGHER EDUCATION DEPARTMENT EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE APPENDIX REFERRED TO IN EXT.P1 CONTAINING THE NAME OF THE COLLEGE AND THE SANCTIONED COURSE EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
27.11.2013 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT EXHIBIT P4 TRUE COPY OF THE REMINDER REPRESENTATION SUBMITTED BY THE PETITIONER DATED
18.11.2015 REQUESTING THE SANCTION OF
