Kerala High Court
Kerala Private College Teachers ... vs State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WA.No.72 OF 2021
AGAINST THE JUDGMENT DATED 04.12.2020 IN WP(C) 12495/2020(J) OF
HIGH COURT OF KERALA
APPELLANTS/WRIT PETITIONERS:
1 KERALA PRIVATE COLLEGE TEACHERS ASSOCIATION
(GOVT.REGISTRATION NO.G.O(MS) NO.2/06 H.EDN DT
04.04.2006) KPCTA MANDIR, TC-25/2814
MBRRA36,MATHRUBHUMI ROAD,
VANCHIYOOR,THIRUVANANTHAPURAM-695 035,
REPRESENTED BY ITS PRESIDENT DR.JOBY THOMAS.K.,
S/O. K.O.THOMAS, AGED 55 YEARS,
ASSOCIATE PROFESSOR, DEPARTMENT OF CHEMISTRY,
ST.THOMAS COLLEGE (AUTONOMOUS), THRISSUR,
RESIDING AT KAKKASSERY HOUSE,
VALUKKARAN LANE, EAST FOR THRISSUR-680 005
2 DR.U.ABDUL KHALAM,AGED 54 YEARS
S/O. LATE M.UMMER PILLAI, ASSOCIATE PROFESSOR,
IQBAL COLLEGE, PERINGAMALA,
THIRUVANANTHAPURAM, RESIDING AT HOUSE NO.4,
BLUE MOUNT GARDENS, PEROORKADA P.O.,
THIRUVANANTHAPURAM-695 005
3 JOBIN JOSE,AGED 41 YEARS
S/O. JOSEPH JOSEPH, ASSISTANT PROFESSOR
DEPARTMENT OF MALAYALAM, DEVA MATHA COLLEGE,
KURAVILANGADU, KOTTAYAM,
RESIDING AT CHAMAKALAYIL HOUSE,
THELLAKAM P.O., KOTTAYAM-686 633
BY ADVS.
SRI.ARUN.B.VARGHESE
SMT. AISWARYA V.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
WA.No.72 OF 2021 & connected cases
2
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
3 THE DIRECTOR,
DIRECTORATE OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033
4 KERALA UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM-695 034
5 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS,
ATHIRAMPUZHA, KOTTAYAM-686 560
6 CALICUT UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
TIRUR-CALIOCUT ROAD, THENHIPALAM,
MALAPPURAM DISTRICT,PIN-673 635
7 KANNUR UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
THAVAKKARA, CIVIL STATION, KANNUR-670 002
8 UNIVERSITY GRANTS COMMISSION,
REPRESENTED BY ITS SECRETARY
BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002
R4 BY ADV. SHRI.THOMAS ABRAHAM
R5 BY ADV. SRI.ASOK M.CHERIAN
R7 BY ADV. SRI.M.SASINDRAN
BY SMT.RAJI T BHASKAR, GP
R7 BY SRI.P.C SASIDHARAN., SC
R8 SRI.S KRISHNAMOORTHY, CGC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.02.2021,
ALONG WITH WA.73/2021, WA.111/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA.No.72 OF 2021 & connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WA.No.73 OF 2021
AGAINST THE JUDGMENT DATED 04.12.2020 IN WP(C) 12448/2020(E) OF
HIGH COURT OF KERALA
APPELLANTS/WRIT PETITIONERS:
1 SHARAFUNNISA K.M.,AGED 29 YEARS
W/O.ABDULLA POOVADAN,
POOVADAN HOUSE, PONMALA P.O., POOVAD,
MALAPPURAM-676 528.
2 SOYA JOSEPH, AGED 30 YEARS
D/O.JOSEPH MATHEW,
EARATH HOUSE, KOZHUR P.O.,
KUNNAMKULAM, THRISSUR-680 523.
3 ARYA.J.S., AGED 28 YEARS
W/O.ADV.SHYAM, DEVANANDA,
VARIYAMVILAKOM, MUKALOORMOOLA, OOKKADU P.O.,
NENMOM, THIRUVANANTHAPURAM-695 020.
BY ADVS.
SRI.ARUN.B.VARGHESE
SMT. AISWARYA V.S.
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION DEPARTMENT,
GOVERNMENT OF KERALA,
WA.No.72 OF 2021 & connected cases
4
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE DIRECTOR, DIRECTORATE OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
4 KERALA UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
PALAYAM, THIRUVANANTHAPURAM-695 034.
5 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
PRIYADARSINI HILLS, ATHIRAMPUZHA,
KOTTAYAM-686 560.
6 CALICUT UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
TIRUR-CALICUT ROAD, THENHIPALAM,
MALAPPURAM DISTRICT, PIN-673 635.
7 KANNUR UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
THAVAKKARA, CIVIL STATION, KANNUR-670 002.
8 NSS COLLEGES CENTRAL COMMITTEE,
REPRESENTED BY ITS SECRETARY, NSS HEAD OFFICE,
PERUNNAI P.O., CHANGANCHERRY-686 102.
9 COCHIN DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
ROUND NORTH, THRISSUR-620 680.
10 UNIVERSITY GRANTS COMMISSION,
REPRESENTED BY ITS SECRETARY,
BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002.
R4 BY ADV. SHRI.THOMAS ABRAHAM
R5 BY ADV. SRI.ASOK M.CHERIAN
R7 BY ADV. SRI.M.SASINDRAN
R10 BY SRI.S.KRISHNAMOORTHY, CGC
BY SMT.RAJI T BHASKAR, GP
BY SRI.P.C.SASIDHARAN, SC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.02.2021,
ALONG WITH WA.72/2021, WA.111/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA.No.72 OF 2021 & connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WA.No.111 OF 2021
AGAINST THE JUDGMENT DATED 04.12.2020 IN WP(C) 10404/2020(A) OF
HIGH COURT OF KERALA
APPELLANT/PETITIONER:
NAIR SERVICE SOCIETY
REPRESENTED BY ITS GENERAL SECRETARY,
G.SUKUMARAN NAIR, N.S.S.HEAD OFFICE,
PERUNNA, CHANGANASSERY P.O., KOTTAYAM-686101.
BY ADVS.
SRI.R.T.PRADEEP
SRI.V.VIJULAL
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 DIRECTOR,DIRECTORATE OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM -695033.
BY SMT.RAJI T BHASKAR, GP
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.02.2021,
ALONG WITH WA.72/2021, WA.73/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA.No.72 OF 2021 & connected cases
6
JUDGMENT
[ WA.72/2021, WA.73/2021, WA.111/2021 ]
Dated this the 15th day of February 2021
A.K.Jayasankaran Nambiar, J.
All these writ appeals impugn the common judgment dated
04.12.2020 in W.P.(C)No.10404 of 2020 and connected cases. The said
writ petitions were filed challenging Government Orders that took
away the weightage that was granted to teaching staff taking classes
in Post Graduate Courses, while reckoning the workload of teachers
for the purposes of determining the number of those teachers that
could be appointed in the colleges concerned whose salary and
allowances were to be borne by the State Government.
2. It would appear that through Government Orders issued
in the past, the State Government had, in purported implementation
of the UGC Scheme that envisaged the maintenance of minimum
educational standards in Colleges, permitted one teaching hour in
Post Graduate classes as equivalent to 1½ hours of teaching in Under
Graduate classes. Accordingly, the teaching staff who were engaged
WA.No.72 OF 2021 & connected cases
in direct teaching in Post Graduate classes could take advantage of
the weightage aforementioned and achieve the 16 hours of direct
teaching per week by actually teaching for a little more than 10 hours
in the post graduate classes. The aforesaid weightage was, however,
taken away through the Government Order dated 01.04.2020, by the
State Government, which found that its earlier orders were not in line
with UGC Regulations 2010 that had been adopted by the State
Government and made applicable to colleges in the State. It was also
found by the State Government that the continuance of weightage to
direct teaching in Post Graduate Courses would entail huge financial
burden to the State which was already facing a financial crisis.
3. The writ petitions were dismissed by the learned Single
Judge primarily on the ground of maintainability by holding that the
petitioners in the writ petitions could not be said to be persons
aggrieved by the decision of the State Government because they were
not either appointees to a post that enjoyed the benefit of the
weightage earlier, or persons whose legal rights had been
infringed/affected by the decision of the Government aforementioned.
The learned Judge also found that the writ petitions were essentially
in the nature of Public Interest Litigations, and when so viewed, could
not be maintained by the petitioners since the judgment of the
Supreme Court in Duryodhan Sahu & Others v. Jitendra Kumar
WA.No.72 OF 2021 & connected cases
Mishra & Others (AIR 1999 SC 114) had settled the law that Public
Interest Litigation in service matters could be maintained only by
affected parties and not by strangers.
4. Arguing for the appellants it is the contention of the
learned counsel Sri. Arun B.Varghese and Sri.R.T.Pradeep that the
learned Single Judge erred in dismissing the writ petitions on the
ground of maintainability. It is their contention that the decision of
the State Government that was impugned in the writ petitions
affected the right of the petitioners to secure appointment as
teachers in the respective colleges inasmuch as the immediate fall
out of the impugned Government Orders would be a reduction in the
number of teaching posts that became vacant for filling up through
fresh appointment. The learned counsel Sri.R.T.Pradeep, who appears
for the appellants in W.A.No.111 of 2021 contends that the impugned
decision of the Government will inevitably lead to the dilution of
academic standards and this would frustrate the attempts of the
appellants to maintain high academic standards in the educational
institutions established and maintained by them. It is contented that
their right to run an academic institution by maintaining high
standards is a right traceable to Article 19(1)(g) of the Constitution of
India and hence the impugned decision of the Government ought to
be struck down as violative of their fundamental rights under our
WA.No.72 OF 2021 & connected cases
Constitution.
5. We have heard the learned counsel for the appellants, the
learned Government Pleader for the official respondents of the State,
the learned Standing Counsel for the respective Universities as also
the learned counsel for University Grants Commission.
6. On a consideration of the rival submissions we are of the
view that the appellants have not been able to establish the
infringement of any legal right of theirs through the decision of the
State Government impugned in the writ petitions. While those
appellants who are an association of teachers, as well as teachers in
various colleges, cannot point to any legal right of theirs, which
would be affected through the impugned decision of the Government
since they can, at best, have only an expectation to appointment to
the post concerned in future, it is also well settled that a mere
inclusion in any rank list drawn up in connection with a selection
process cannot confer on them any right to appointment to a post in
the college concerned. The appellant in W.A. No.111 of 2021 is the
Nair Service Society represented by its General Secretary, which has
established and maintains various colleges affiliated to the
Universities in the State. They too cannot point to any legal right of
theirs that has been infringed through the decision of the State
WA.No.72 OF 2021 & connected cases
Government which only corrects the erroneous stand that was taken
in the earlier Government Orders and brings about a conformity in
the matter of stipulation of direct teaching hours for various teaching
posts, with those prescribed by the UGC in their Regulations of 2010.
The said corrective step taken by the State Government, so as to
make the decision of the State Government in conformity with the
UGC Regulations, cannot by any stretch of imagination be seen as
infringing a right of the appellants herein.
We are therefore of the view that the judgment impugned in
these writ appeals does not call for any interference. The writ appeals
therefore fail and are accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR, JUDGE
Sd/-
GOPINATH P., JUDGE
dlk/16.02.2021
