Kerala High Court
The President vs State Of Kerala on 2 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WP(C).No.12154 OF 2015(T)
PETITIONERS:
1 THE PRESIDENT
AGED 79 YEARS
GOVERNING BODY,
THANGAL KUNJU MUSALIAR COLLEGE TRUST, KOLLAM-5.
2 THE PRINCIPAL
THANGAL KUNJU MUSALIAR COLLEGE OF ENGINEERING,
KOLLAM-5.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.RIJI RAJENDRAN
SMT.NISHA GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO GOVERNMENT
DEPARTMENT OF FINANCE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE DIRECTOR OF TECHNICAL EDUCATION
DIRECTORATE OF TECHNICAL EDUCATION,
THIRUVANANTHAPURAM-695001.
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12154 OF 2015(T)
2
JUDGMENT
Dated this the 2nd day of February 2021
It is a classic case where the process of the Court is being
flouted with impunity on behalf of Management of the College
namely Thangal Kunju Musaliar College Engineering, Kollam.
The challenge in the present writ petition on behalf the college
has been laid to the order of the Government of Kerala dated
19.09.2014 whereby for the purpose of enforcement of
economic measures for control of non-development
expenditure and enhancement of revenue realisation, directing
that the creation of the post shall not be taken up to
31.03.2015, until and unless they are part of CSS or
Government of India/ Government of India Agency funded
scheme or Externally Aided Project (EAP) or mandatorily
required under any of the National or State Legislation. No new
institutions or agencies would be set up during the current
financial year till 31.03.2015 unless they fall in the aforesaid
categories and where the creation of the post is unavoidable, it
should be done only after examination by the committee
WP(C).No.12154 OF 2015(T)
constituted under Clause 3 thereof. As per Clause 4 thirty
thousand temporary posts were identified as surplus in
Government. 25% of these temporary posts was directed to be
abolished in 2014 - 2015.
2. The petitioner College through instant writ petition
submitted that the college became an aided college based on
an agreement with State Government. It offers seven B.Tech
courses and Bachelor course in Architecture and offering
several other courses like Degree Courses in Computer
Science, Master of Computer Application, Post Graduate Course
in Structural Engineering and Construction Management. There
are other educational institutions run by the Trust. On the basis
of the Direct Payment System, the payment of the salary of the
staff of the College is paid by the 1 st respondent ie., State
Government through Secretary of Government. The post in the
college were sanctioned by the 1st respondent as per the need
of the Colleges. Many of the posts sanctioned are temporary
posts and are continuing as per the exigencies. The courses
are run after the approval by AICTE. Exts.P1 to P8 spreading
WP(C).No.12154 OF 2015(T)
from 1987 to 1992 are orders whereby posts were sanctioned.
Vide Ext.P9 dated 13.09.2012 respondent No.1 accorded ex
post facto sanction for the continuance of the temporary posts
created in three private Aided Engineering Colleges in the State
which included the petitioner as well. Despite the sanction,
College does not have the required staff strength as per the
Standard staff pattern fixation in the case of technical
supporting staff, demonstrated from Ext.P10. The order
impugned is not sustainable as it has not noticed that an
educational institution offering professional courses in
Engineering and Architecture would be the worst affected like
the petitioners who were functioning with minimum required
strength. There is likelihood in case the order is implemented,
of the petitioners losing their affiliation. Vide Ext.P13 dated
13.02.2015 Director of Technical Education requested the
petitioner college to submit a proforma regarding the total
sanctioned posts i.e. department wise, duly filled up on or
before 16.02.2015. A request dated 17.03.2015 was submitted
on behalf of the College to the Secretary to Government Higher
WP(C).No.12154 OF 2015(T)
Education that the posts in their departments are absolutely
essential for smooth conduct of academic and administrative
functioning of the College. In case such posts are abolished
steps may be taken to regularize 21 non-teaching and
technical posts as early as possible, the details of which was
given in Ext.P3.
3. On the contrary, learned Government Pleader
appearing on behalf of the respondents submitted that
subsequently, Government have issued an order dated
25.02.2015 regarding the sanction of 169 teaching posts out of
190 sanctioned posts and therefore the petitioner would not be
affected as being contemplated or anticipated.
4. I have heard the learned counsel for the parties and
appraised the paper book, I am of the view that grievance of
the petitioner is only figment of imagination and far-fetched
particularly in view of the order dated 25.02.2015 whereby 169
teaching posts out of 195 have been sanctioned. What the
petitioner had requested in Ext.P14 is for sanctioning of 21
non-teaching posts. In this view of the matter, petitioner is not
WP(C).No.12154 OF 2015(T)
at all affected vide Ext.P12 and they are at liberty to pursue
the representation Ext.P14 in accordance with law.
This writ petition stands disposed of.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C).No.12154 OF 2015(T)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GO MS.259/87/H
EDN.DT.6-10-1987.
EXHIBIT P2 TRUE COPY OF THE GO MS
61/88/H.EDN.DT.17-3-1988.
EXHIBIT P3 TRUE COPY OF THE GO MS
212/88/H.EDN.DT.10-10-1988.
EXHIBIT P4 TRUE COPY OF THE GO MS.211/89/H.EDN
DT.23-10-1989.
EXHIBIT P5 TRUE COPY OF THE GO MS
268/89/H.EDN. DT.26-12-1989.
EXHIBIT P6 TRUE COPY OF THE GO
RT.646/90/H.EDN.DT.3-4-90.
EXHIBIT P7 TRUE COPY OF THE GO MS 212/90/HE
DT.27-8-1990.
EXHIBIT P8 TRUE COPY OF THE GO MS 105/92/H.EDN
DT.17-6-1992.
EXHIBIT P9 TRUE COPY OF THE GO(RT)NO.1137/12/H
EDN.DT.13-6-2012 ALONG WITH THE
APPENDIX SHOWING THE POSTS IN THE
PETITIONER'S COLLEGE.
EXHIBIT P10 TRUE COPY OF THE TABLE SHOWING THE
REQUIREMENTS PREPARED BY THE
PETITIONERS.
EXHIBIT P11 TRUE COPY OF THE
GO(P)NO.515/2013 /FIN DT.11-10-
2013.
WP(C).No.12154 OF 2015(T)
EXHIBIT P12 TRUE COPY OF THE GO(P)NO.400/2014
FIN DT.19-9-2014.
EXHIBIT P13 TRUE COPY OF THE LETTER NO.
LT./36349/13 DT.13-2-2015.
EXHIBIT P14 TRUE COPY OF THE LETTER
NO.E1/328/15 DT.17-3-15 ALONG WITH
THE LIST OF THE 21 POSTS MENTIONED
THEREIN.
