The Manager v. the University of Kerala
Case brief
What is this about?
A Division Bench judge directed the University of Kerala to approve two lecturers' appointments in an aided college, holding that a budget-restriction condition on the course sanction is unsustainable. The Court ordered salary disbursement subject to workload verification.
What did the court decide?
Directed the 1st respondent to consider and approve appointments without regard to budget conditions; 4th respondent to disburse salary. Respondents may challenge approval on workload grounds.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932
WP(C).No. 31842 of 2009(A) --------------------------------------
PETITIONERS:
---------------------
1. THE MANAGER,ST.MICHAEL'S COLLEGE, CHERTHALA-688 539.
2. SWAPNA.R,LECTURER IN COMMERCE, DEPARTMENT OF COMMERCE,ST.MICHAEL'COLLEGE, CHERTHALA.
3. FR.XAVIER KUDIAMCHERIL,LECTURER IN LAW (PART-TIME),DEPARTMENT OF COMMERCE, ST.MOCHAEL'S COLLEGE,CHERTHALA.
BY ADV. SRI.BABU VARGHESE.
RESPONDENTS:
Issues for consideration
3 issues framed by the court
Whether the University can approve lecturer appointments when the sanctioned course includes a condition restricting expenditure to the budget allotment.
Whether sufficient workload exists in the College's Commerce Department to justify the appointment of the petitioners.
Whether the lecturers are entitled to salary arrears upon approval of their appointments.
Parties & counsel
- petitioner
The Manager, St. Michael's College, Cherthala
- petitioner
Swapna.R
- petitioner
Fr. Xavier Kudiamcheril
- respondent
The University of Kerala
- respondent
The State of Kerala
- respondent
Case details
As recorded by the court registry
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