Remanded

Christ College (Autonomous) v. State of Kerala

Kerala HC20 Jun 2019WP(C)/16266/2019

Case brief

AI extract

What is this about?

The High Court dealt with a writ petition by an autonomous college regarding delay in approving additional staff posts for a B.P.E course due to workload enhancement. The Court directed the Chief Secretary to consider a representation and pass orders within three months. Outcome: Matter remanded to the Government. Relief granted to petitioner.

What did the court decide?

To consider and pass orders on the representation regarding additional staff posts for B.P.E course within three months.

Christ College (Autonomous) Vs State of Kerala — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 20TH DAY OF JUNE 2019 / 30TH JYAISHTA, 1941

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WP(C).No.16266 of 2019

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PETITIONER:

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CHRIST COLLEGE (AUTONOMOUS) REPRESENTED BY ITS MANAGER, IRINJALAKUDA-680 125.

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BY ADVS.

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SRI.BABY ISSAC ILLICKAL

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SRI.ISAAC KURUVILLA ILLIKAL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001.

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4 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, PALACE ROAD, GOVT.TRAINING COLLEGE COMPOUND, THRISSUR-20.

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5 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., MALAPPURAM-673 635.

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BY ADV. SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16266 of 2019

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JUDGMENT

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The petitioner, which is an autonomous college, has filed this writ petition aggrieved by the delay in issuing orders on the request for sanction of additional posts for Bachelor of Physical Education course.

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2. It is stated that the University converted the B.P.E program from 3 year course to 4 year course and the University had as early as in 2013 as per Ext.P5 order recommended implementation of the revised syllabus of B.P.E course from 2013 onwards. It is pointed out that consequent to this, the work load has been enhanced and 5 more posts are required as stated in Ext.P8 letter of the University. Petitioner points out that all the requisite documents relating to the conversion of program as well as syllabus, work load etc. have already been

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forwarded to the Director of Collegiate Education as per Ext.P11 letter on 20.12.2018

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WP(C).No.16266 of 2019

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and as no positive action was taken, petitioner has submitted Ext.P14 representation before the Government.

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The writ petition is therefore disposed of directing the 1^st respondent to consider and pass orders on Ext.P14 representation, within a period of three months from the date of receipt of a copy of this judgment.

Sd/-

P.V.ASHA, JUDGE.

WP(C).No.16266 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	PHOTOCOPY OF THE PROFORMA OF THE DIRECT PAYMENT AGREEMENT.
EXHIBIT P2	PHOTOCOPY OF THE ORDER DATED 18.05.1992 OF THE 1ST RESPONDENT.
EXHIBIT P3	PHOTOCOPY OF THE ORDER OF THE 5TH RESPONDENT DATED 01.02.2003.
EXHIBIT P4	PHOTOCOPY OF THE ORDER DATED 09.07.2008 OF THE 5TH RESPONDENT.
EXHIBIT P5	PHOTOCOPY OF THE ORDER OF THE 5TH RESPONDENT DATED 26.06.2013.
EXHIBIT P6	PHOTOCOPY OF THE LETTER OF THE PETITIONER DATED 10.03.2014 TO THE 5TH RESPONDENT.
EXHIBIT P7	PHOTOCOPY OF THE LETTER OF THE PETITIONER DATED 10.09.2015 TO THE 5TH RESPONDENT.
EXHIBIT P8	PHOTOCOPY OF THE LETTER OF THE 5TH RESPONDENT DATED 28.06.2016.
EXHIBIT P9	PHOTOCOPY OF THE LETTER DATED 20.08.2016 OF THE PETITIONER.
EXHIBIT P10	PHOTOCOPY OF THE ORDER DATED 23.11.2018 OF THE 3RD RESPONDENT.
EXHIBIT P11	PHOTOCOPY OF THE REPLY DATED 20.12.2018 TO THE 3RD RESPONDENT.
EXHIBIT P12	PHOTOCOPY OF THE WORKLOAD & STAFF PATTERN FOR THE B.P.E. COURSE IN THE PETITIONER COLLEGE.
EXHIBIT P13	PHOTOCOPY OF THE STATEMENT OF WORKLOAD FOR THE YEAR 2018-19.
EXHIBIT P14	PHOTOCOPY OF THE REPRESENTATION DATED 11.03.2019 BY THE PETITIONER TO THE 2ND RESPONDENT.

Christ College (Autonomous) v. State of Kerala

Case brief

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Christ College (Autonomous) v. State of Kerala

Case brief

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