Kerala High Court
The Corporate Manager Of Mes ... vs State Of Kerala on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 12369 OF 2021
PETITIONERS:
1 THE CORPORATE MANAGER OF MES COLLEGES,
MES CENTRAL OFFICE, I.M.A. HALL ROAD,KOZHIKODE-673011
2 DR.AJIMS.P.MOHAMMED,
AGED 49 YEARS
S/O. P.P.MOHAMMED, PALLIPPATTU, PUTHENPURA, PUTHUPPADY
P.O., MUVATTUPUZHA,PIN-686 673
BY ADVS.
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINOD KUMAR
ARYA RAGHUNATH
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
MOHAMED HISHAM P
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF
HIGHER EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DIRECTORATE OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
NORTH ZONE, P.O.MANACHIRA, KOZHIKODE-673 001
4 UNIVERSITY OF CALICUT,
THENHIPALAM.P.O., MALAPPURAM,PIN-673 635, REPRESENTED
BY ITS REGISTRAR
BY ADVS.
GOVERNMENT PLEADER
SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
WP(C) NO. 12369 OF 2021
2
OTHER PRESENT:
SRI. BIJOY CHANDRAN-SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12369 OF 2021
3
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i) issue a writ of certiorari or other appropriate writ
or order quashing Exhibit P8.
ii) issue a writ of mandamus or other appropriate writ
or order directing the 3rd respondent to counter sign Exhibit
P7 forms for updating the 2nd petitioner as Drawing and
Disbursing Officer of MES Ponnani College to SPARK, by
reconsidering Exhibit P7
iii) issue a writ of mandamus or other appropriate writ
or order directing the 1st and 2nd respondents to instruct the
3rd respondent to counter sign Exhibit P7 forms for updating
the 2nd petitioner as Drawing and Disbursing Officer of MES
Ponnani College to SPARK so that the drawal of salary of the
staff of MES Ponnani College is not stalled
iv) issue a writ of mandamus or other appropriate writ
or order directing the 3rd respondent to re-consider Exhibit
P7."
2. Heard the learned counsel for the petitioners, the learned
Government Pleader as well as the learned Standing Counsel
appearing for the University.
3. The 1st petitioner is a Corporate Manager of MES Colleges and
the 2nd petitioner is a teacher posted as the Principal in the MES
WP(C) NO. 12369 OF 2021
College, Ponnani. The learned counsel for the petitioners submits
that the 2nd petitioner is an MBA Degree holder with PH.D in
Management and is fully qualified for appointment as Principal. It is
submitted that the 2nd petitioner was appointed as lecturer and later
as Principal in the MES college, Marampally. The appointment of the
2nd petitioner as Principal was duly approved by the University. The
2nd petitioner was, thereafter, transferred and posted as Principal in
the MES College Ponnani. It is submitted that the MES College,
Ponnani has a Department of Commerce and Management Studies
where 3 courses are conducted i.e, B.Com M.Com and BBA. It is
submitted that there is no separate faculty of Management Studies in
the MES College, Ponnani. However, based on the workload and the
students strength, it had been decided that the staff of the
Department of Commerce and Management would be apportioned in
the ratio 60:40. It is submitted that the 2nd petitioner being an MBA
holder with PH.D, is fully eligible to be posted in the MES College,
Ponnani in the Commerce and Management Department. The 2 nd
petitioner, who was working as Principal in the Marampally College
was transferred and posted as Principal to the MES College, Ponnani.
WP(C) NO. 12369 OF 2021
However, the request for updating the 2 nd petitioner as Drawing and
Disbursing Officer at the MES College, Ponnani in the SPARK as well
as the proposal for pay and allowances of the 2 nd petitioner including
him in the staff list as Principal in the MES College, Ponnani was not
honoured by the respondents. By Ext.P8 order dated 27.05.2021, the
relevant request made by the petitioners was rejected and this has
resulted in the filing of this writ petition.
4. The 2nd petitioner has after the filing of the writ petition
produced Annexure A communication from the Calicut University to
the MES College, Ponnani dated 17.06.2021 wherein, the workload of
the Department of Commerce excluding PG weightage was clearly
shown as 61 hours for BBA course and 61+50 for B.Com and M.Com
courses. In the said communication it was specifically stated that the
60% of the total posts are from Commerce domain and 40% from the
Management domain. Therefore, the University had decided that 60%
of the posts sanctioned can be filled up with persons having M.com
Degree with NET or Ph.D and 40% with persons having MBA and a
pass in the NET or the relevant qualifications as applicable. It was
therefore found that there is a post to accommodate the 2 nd
WP(C) NO. 12369 OF 2021
petitioner and the appointment of the 2nd petitioner as Principal in
the MES College, Ponnani is therefore perfectly justified.
5. A statement has also been placed on record by the University.
It is stated therein that there are 10 teachers in the department with
additional workload of 12 hours. Out of the 61 hours allotted to BBA,
3 permissible teaching posts are available. It is further stated in
paragraphs 4 and 5 of the statement as follows:
4. It is submitted that the principal is from the stream of
Business Administration. It is submitted going by the
Government Order the principal is to handle 5 hours of the
Teaching hours in the department.
5. It is submitted that, going by the work load of the
department the 2nd petitioner is eligible to be accommodated as
principal of MES college Ponnani.
6. A counter affidavit has been placed on record by the 3 rd
respondent as well. The essential facts in the writ petition are
admitted therein. However, it is stated at paragraphs 3 and 4 as
follows:
3. It is submitted that for the 61 hours of BBA, 3 posts may be
admissible. Applying the 60-40 formula, 2 posts may be filed up by
the commerce PG holder and the remaining one post may be filed up
by MBA graduate. The said University letter does not mention the 12
hours of Management workload as claimed by the petitioner.
4. For the approval of appointment of a permanent teacher by
the Deputy Director of Collegiate Education, Kozhikode, the workload
of the said course have to be approved by the Government and the
post have to be also sanctioned by the Government. In this case the
WP(C) NO. 12369 OF 2021
Government order GO(MS)No.471/2020 dated 30.12.2020 which
sanctioned 2 posts for Commerce part of the BBA course is silent on
the Management part of the workload and post of the courses. The 5
hours workload which is necessary to get Sri.Ajims P.Mohammed's
approval in Principals post is nowhere mentioned in the said
Government order. In such circumstances of doubtful cases the
matter should be got clarified by the Government. This office as per
letter No.D1/3030/2021 dated 27.05.2021 have instructed the
Principal to get a clarification in this matter from the Government. It
is learnt that the Principal or the corporate Manager MES Colleges
have not approached the Government in the matter.
The further contention raised by the 3 rd respondent is that
since there is no separate order of approval of the 2 nd petitioner as
Principal in the MES College, Ponnani issued by the University, the
question of making payments cannot be considered.
7. Having considered the contentions advanced, I find that the
2nd petitioner is a person who was approved as Principal in the MES
college Marampally. This aspect is clear from Ext.P1. Therefore, the
issue was only with regard to the transfer of the petitioner, who is
already holding the post of Principal in the MES College, Marampally
to the MES College, Ponnani. Therefore, the learned Standing Counsel
for the University submits that no fresh order of approval as
Principal is required since the 2 nd petitioner is already an approved
Principal working in one of the colleges under the Corporate
Educational Agency. It is further submitted by the learned
WP(C) NO. 12369 OF 2021
Government Pleader that Annexure A produced along with the
statement filed by the petitioners is only a letter forwarded by the
Registrar to the Principal of the MES College, Ponnani and that no
copy is marked to the 3rd respondent.
8. However, I notice that the issue with regard to workload has
been answered by the University in the statement filed before this
Court. Apart from relying on Annexure A communication, the
University has clearly placed a statement on record stating that the
petitioner is eligible to be accommodated against the workload
available for the BBA course that is 3 permissible teaching posts with
more than 5 hours of teaching for the Principal as provided by the
Government orders. It is submitted that going by the workload of the
Department, the 2nd petitioner is eligible to be accommodated as
Principal of the MES College, Ponnani. I find that since the 2 nd
petitioner had already been appointed as Principal in one of the
colleges under the Corporate Educational Agency and approval had
been granted for such appointment and the 2 nd petitioner stood
transferred from the MES College, Marampally to the MES College,
Ponnani ,no separate order of approval of appointment as Principal is
WP(C) NO. 12369 OF 2021
required. The question would only be whether the 2 nd petitioner is
eligible to be accommodated as Principal in the MES College, Ponnani
going by the available workload in the Commerce and Management
Department. The University specifically states that the workload of
the Commerce and Management Department of the MES College,
Ponnani justifies the transfer of the 2 nd petitioner and his posting as
Principal in the said college.
In the above view of the matter, I am of the opinion that the
refusal on the part of the 3 rd respondent to approve the 2 nd petitioner
as Drawing and Disbursing Officer and to release the pay and
monetary benefits attached to the post to the 2 nd petitioner is
unsustainable. The respondents shall take appropriate steps to see
that the 2nd petitioner is granted approval as the Drawing and
Disbursing Officer of the MES College, Ponnani forthwith. Steps to
release the pay and monetary benefits to the 2 nd petitioner as
Principal of the MES College, Ponnani shall also be taken by the 3 rd
respondent within a period of two months from the date of receipt of
a copy of this judgment. However, on the request of the learned
Government Pleader the liberty of the 3 rd respondent to raise any
WP(C) NO. 12369 OF 2021
valid and legal objection with regard to the workload of the
Commerce and Management Department in the MES College, Ponnani
is left open.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C) NO. 12369 OF 2021
APPENDIX OF WP(C) 12369/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER OF APPROVAL
DATED 21.03.2012 ISSUED BY THE 4TH
RESPONDENT APPROVING THE APPOINTMENT OF
THE 2ND PETITIONER AS PRINCIPAL OF MES
PONNANI COLLEGE, WHEN HE WAS APPOINTED ON
01.12.20211
Exhibit P2 A TRUE COPY OF THE RELEVANT PORTION OF
THE ORDER DATED 12.09.2013 WHICH THE 1ST
RESPONDENT GOVERNMENT SANCTIONED BBA
COURSE FROM THE ACADEMIC YEAR 2013-14 TO
MES PONNANI COLLEGE
Exhibit P3 A TRUE COPY OF THE U.O. NO.4733/2013/CU
DATED 11.10.2013 OF THE 4TH RESPONDENT
UNIVERSITY
Exhibit P4 A TRUE COPY OF THE RELEVANT PORTION OF
THE GOVERNMENT ORDER DATED 30.12.2020 OF
THE 1ST RESPONDENT SANCTIONING INTER ALIA
2 MORE COMMERCE TO MES PONNANI COLLEGE,
CONSIDERING THE ENTIRE WORKLOAD IN THE
DEPARTMENT OF COMMERCE AND MANAGEMENT
STUDIES INCLUDING THE WORK LOAD OF BBA
COURSE SANCTIONED TO THE COLLEGE BEFORE
2016-17 BASED ON THE STUDENT STRENGTH
Exhibit P5 A TRUE COPY OF THE PROFORMA I & II-
STATEMENT OF WORK LOAD OF COMMERCE AND
MANAGEMENT STUDIES, SUBMITTED FROM MES
PONNANI COLLEGE BEFORE THE 2ND RESPONDENT
Exhibit P6 A TRUE COPY OF THE PROCEEDINGS DATED
12.04.2021 OF THE 1ST PETITIONER,
TRANSFERRING AND POSTING THE 2ND
PETITIONER AS PRINCIPAL FROM MES
MARAMPALLY COLLEGE TO MES PONNANI
COLLEGE, ON ADMINISTRATIVE EXIGENCIES
Exhibit P7 A TRUE COPY OF THE REQUEST DATED
07.05.2021 SUBMITTED FROM MES PONNANI
COLLEGE BEFORE THE 3RD RESPONDENT,
WP(C) NO. 12369 OF 2021
REQUESTING TO COUNTER SIGN THE RELEVANT
FORMS FOR UPDATING THE 2ND PETITIONER AS
DRAWING AND DISBURSING OFFICER OF MES
PONNANI COLLEGE TO SPARK
Exhibit P8 A TRUE COPY OF THE ORDER DATED 27.05.2021
OF THE 3RD RESPONDENT REJECTING AND
RETURNING EXHIBIT P7 REQUEST SUBMITTED TO
COUNTER SIGN THE RELEVANT FORMS FOR
UPDATING THE 2ND PETITIONER AS DRAWING
AND DISBURSING OFFICER TO SPARK ON TAKING
CHARGE AS PRINCIPAL ON HIS TRANSFER TO
MES PONNANI COLLEGE
