Disposed

The Manager, Alphonse College, Pala v. the State of Kerala

Kerala HC5 Dec 2018WP(C)/15159/2018

Case brief

AI extract

What is this about?

The Court directed the Government to decide on creating a post for the newly sanctioned M.A.(English) course within two months after ascertaining workload from the University. It also ordered filling of already sanctioned vacancies.

What did the court decide?

Direction to the Government to decide on creation of a post for M.A.(English) within two months and to fill existing sanctioned vacancies.

The Manager, Alphonse College, Pala Vs the… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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WEDNESDAY,THE 05TH DAY OF DECEMBER 2018 / 14TH AGRAHAYANA, 1940

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WP(C).No. 15159 of 2018

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PETITIONER/S:

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THE MANAGER, ALPHONSE COLLEGE, PALA

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BY ADV. SRI.GEORGEKUTTY MATHEW

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RESPONDENT/S:

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1 THE STATE OF KERALA REP. BY ITS SECRETARY,HIGHER EDN. DEPARTMENT SECRETARIAT,ANNEXE, THIRUVANANTHAPURAM - 695 001.

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2 MAHATMA GANDHI UNIVERSITY (REPRESENTED BY ITS REGISTRAR)PRIYADARSHINI HILLS, KOTTAYAM - 686 560.

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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM 686 001

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4 SRI.ANGELOSE G. ADDITIONAL SECRETARY TO GOVERNMENT,NORKA DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

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BY ADV. SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

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SMT NISHA BOSE-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC 15159/2018

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JUDGMENT

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The petitioner is an aided college. The Government vide order dated 19.7.2014 produced as Ext.P2 was pleased to accord sanction for starting an aided course of M.A.(English) from the academic year 2014-15. The petitioner started the course. However, the Government had not accorded sanction to create a post. It appears that the petitioner has approached the Deputy Director of Collegiate Education, Kottayam, for filling up the vacancy as per Ext.P4.

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In view of the fact that it is a newly added course, it is only appropriate that the Government takes a decision for creating the post. If the petitioner moves the Government with a proposal, the Government shall take a decision within two months and also after ascertaining the workload from the University.

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Apart from that, the petitioner approached the Deputy Director of Collegiate Education to fill the vacancies within the sanctioned limit. The petitioner has specified the nature of the vacancy in Ext.P4. The Government had, in fact, only nominated its nominee for only one vacancy in History, Zoology and Physics. It is to be noted that there are two vacancies in History and, one vacancy in Physical Education. The Government also has to take a decision in that regard after obtaining details regarding workload from the University within the above period.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

WPC 15159/2018

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER DATED 12/9/2013 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2	TRUE COPY OF THE ORDER DATED 19/7/2014 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P3	TRUE COPY OF THE ORDER DATED 6/8/2014 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P4	TRUE COPY OF THE COMMUNICATION DATED 12/7/2016 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
EXHIBIT P5	TRUE COPY OF THE WORK LOAD STATEMENT OF THE ENGLISH DEPARTMENT OF THE PETITIONER'S COLLEGE AS ON 1/11/2016
EXHIBIT P6	TRUE COPY OF THE SENIORITY LIST OF THE ENGLISH DEPARTMENT OF THE PETITIONER'S COLLEGE DATED 30/6/2017
EXHIBIT P7	TRUE COPY OF THE WORKLOAD STATEMENT OF THE HISTORY DEPARTMENT OF THE PETITIONER'S COLLEGE AS ON 1/11/2018
EXHIBIT P8	TRUE COPY OF THE LIST OF TEACHING STAFF IN THE HISTORY DEPARTMENT OF THE PETITIONER'S COLLEGE DATED 30/6/2017
EXHIBIT P9	TRUE COPY OF THE LIST OF TEACHING STAFF IN THE PHYSICAL EDUCATION DEPARTMENT OF THE PETITIONER'S COLLEGE DATED 30/6/2017
EXHIBIT P10	TRUE COPY OF THE WORKLOAD STATEMENT OF PHYSICAL EDUCATION DEPARTMENT OF THE PETITIONER'S COLLEGE AS ON 1/11/2016
EXHIBIT P11	TRUE COPY OF THE ORDER DATED 1/2/2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P12	TRUE COPY OF THE LETTER DATED 18/1/2012 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P13	TRUE COPY OF THE INTERIM ORDER DATED 5/1/2011 IN WPC NO.37840/2010.
RESPONDENTS' EXTS: ms	NIL \TRUE COPY// PS TO JUDGE

The Manager, Alphonse College, Pala v. the State of Kerala

Case brief

What is this about?

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The Manager, Alphonse College, Pala v. the State of Kerala

Case brief

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