Kerala High Court
Dr. Satheesh. C.P vs The Manager, S.N. College on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
WP(C) NO. 17153 OF 2023
PETITIONERS:
1 DR. SATHEESH. C.P
AGED 55 YEARS, S/O. DR. C.P. SIVADASAN,
ARATHI, NUT STREET P.O., VADAKARA, KOZHIKODE
(WORKING AS ASSOCIATE PROFESSOR IN ENGLISH, S.N.
COLLEGE, KANNUR), PIN - 673 104.
2 DR. LASITHA. B.V
AGED 55 YEARS, W/O.ASHOKAN V.,
PRAYAG, NEAR SUBASH HOUSING COLONY, CIVIL STATION P.O.,
KANNUR (WORKING AS ASSOCIATE PROFESSOR IN ENGLISH, S.N.
COLLEGE, KANNUR)., PIN - 670 002.
BY ADVS.
ELIZEBATH GEORGE
M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 THE MANAGER, S.N. COLLEGE
(SREE NARAYANA COLLEGE) POST BOX NO.63,
KOLLAM, PIN - 691 001.
2 [THE UNIVERSITY OF CALICUT
REPRESENTED BY REGISTRAR, UNIVERSITY CAMPUS,
THENJIPPALAM, MALAPPURAM, PIN - 673 676.]
**CORRECTED AS THE KANNUR UNIVERSITY,
REPRESENTED BY REGISTRAR, CIVIL STATION P.O.,
THAVAKKARA, KANNUR-670 002. AS PER THE ORDER DATED 20-
06-2023 IN W.P(C).
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
MANANCHIRA, KOZHIKODE, PIN - 673 001.
WP(C) NO.17153 OF 2023 2
4 DR. K.P. PRASANTH
AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
ASSISTANT PROFESSOR OF BOTANY, S.N. COLLEGE, KANNUR,
PIN - 670 007.
BY ADVS.
P.C.SASIDHARAN[S.C],
A.N.RANJAN BABU[S.C]
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.17153 OF 2023 3
JUDGMENT
Petitioners claim to be senior most teachers in S.N. College,
Kannur. The Principal of the College retired on 30-04-2023. The
petitioners have approached this Court being aggrieved by the
fact that the 4th respondent has been appointed as Drawing and
Disbursing Officer, which according to the petitioners is against
the provisions of the statutes.
2. It is the case of the petitioners that only a senior most
teacher can be appointed as Drawing and Disbursing Officer
after the retirement of the Principal and the action of the 1 st
respondent in appointing the 4 th respondent, who is not a senior
teacher, as Drawing and Disbursing Officer is against the
provisions of the statutes.
3. The learned counsel appearing for the first respondent
and the learned Government Pleader appearing for the official
respondents would contend that the statute only require that a
senior teacher shall be appointed as Drawing and Disbursing
officer, reference is made in this regard to statute 76 of Chapter
XLVII of Kannur University First Statutes 1998, which reads as
follows:
"Drawing Officer.--The Principal of the College, whose
appointment has been duly approved by the competent
authority, shall be the drawing officer in respect of all the
members of staff, both teaching and non-teaching of the
college:
Provided that in the temporary absence of Principal
or if the approval of appointment of the Principal by the
University is delayed, any senior teacher of the college
can be appointed as Drawing and Disbursing Officer
provisionally with the approval of the University. A
person so appointed shall not exercise any other powers
of the Principal except drawing and disbursing of money
to the staff and students".
4. Having heard the learned counsel appearing for the
petitioners, the learned counsel appearing for the 1 st respondent
and the learned Government Pleader appearing for the official
respondents, I am of the view that the petitioners have not made
out any case for grant of reliefs sought for in the writ petition.
The appointment of the 4th respondent as Drawing and
Disbursing Officer is a stopgap arrangement pending the
appointment of a full time Principal in terms of the provisions
contained in the statutes. A reading of statute 76 does not
suggest that only the senior most teacher can be appointed as
Drawing and Disbursing Officer. The statute only requires that
any senior teacher shall be appointed as Drawing and Disbursing
Officer in the temporary absence of the Principal or if the
approval of appointment of the Principal by the University is
delayed.
5. Faced with this situation, the learned counsel for the
petitioners submits that it may be clarified that the 4 th
respondent shall only exercises the powers of Drawing and
Disbursing Officer.
Having regard to the submissions made by the learned
counsel for the parties, this writ petition will stand dismissed,
finding that the contention of the petitioners that, only the senior
most teacher can be appointed as Drawing and Disbursing
Officer, is not in terms of the provisions contained in the statutes.
Any senior teacher can be appointed as Drawing and Disbursing
Officer in terms of the provisions contained in statute 76 of
Chapter XLVII of Kannur University First Statutes. However, it is
made clear that the 4th respondent shall only exercises the
powers of Drawing and Disbursing Officer, pending appointment
and approval of a full time Principal.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF WP(C) 17153/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF SENIORITY LIST OF TEACHING STAFF FOR THE
YEAR OF 2023 - 2024 OF THE SN COLLEGE KANNUR
Exhibit P2 TRUE COPY OF THE LETTER GIVEN BY THE PRINCIPAL TO THE
FIRST RESPONDENT NO. PL/1544/2022-23 DATED 20.4.2023
Exhibit P3 TRUE COPY OF THE LETTER OF WILLINGNESS GIVEN BY THE
FIRST PETITIONER TO FIRST RESPONDENT DATED 12.4.2023
Exhibit P4 TRUE COPY OF THAT ORDER NO. 2/SNT/72 DATED 26.4.2023
Exhibit P5 TRUE COPY OF THAT ORDER NO. 2/SNT/72/0 DATED 26.4.2023
Exhibit P6 TRUE COPY OF THAT LETTER NO. 5/7212 DATED 26.4.2023
Exhibit P7 TRUE COPY OF THAT CIRCULAR 42/2019/FIN DATED 7.5.2019
Annexure A8 TRUE COPY OF THE ORDER NO. ACAD/H2/6030/2020 DATED
29-05-23
RESPONDENT EXHIBITS
Exhibit R1(a) True copy of the order No. Aced/H2/6030/2020 dated 29-
05-2023
Exhibit R1(b) True copy of the Form 5 application form for getting
controlling Officer in SPARK sent by the 4th
respondent.
Exhibit R1(c) True copy of SPARK FORM No.3 for Nomination/Change of
Nomination of DDOS/Establishment Officers sent on
02-05-2023 by 4th respondent
