Allowed

Rajagiri College of Social Sciences, v. State of Kerala

Kerala HC14 Jan 2021WP(C)/6700/2020

Case brief

AI extract

What is this about?

The Court directed the Government to constitut a Selection Committee within one month to fill two vacant Assistant Professor posts in the Department of Business Administration at the petitioner college, which requires AICTE affiliation.

What did the court decide?

Direction to Government to constitute a Selection Committee to fill two vacancies of Assistant Professors in the Department of Business Administration at the petitioner College at the earliest.

Rajagiri College of Social Sciences, Vs State of… — Education and Admissions | Kerala HC (2021)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

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WP(C).No.6700 OF 2020(J)

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PETITIONER:

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RAJAGIRI COLLEGE OF SOCIAL SCIENCES, REPRESENTED BY ITS PRINCIPAL, BINOY JOSEPH, S/O.JOSEPH, AGED 47 YEARS, RAJAGIRI VALLEY.P.O., KAKKANAD, ERNAKULAM DISTRICT-682039.

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BY ADVS. SRI.NOUSHAD THOTTATHIL SRI.NOORJI NOUSHAD

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RESPONDENTS:

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1 STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695004.

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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM-685001.

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4 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA.P.O., KOTTAYAM-686650.

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R1-3 BY SRI.B. HAREESH KUMAR, SR. GOVERNMENT PLEADER R4 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6700 OF 2020 2

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JUDGMENT

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An autonomous college by name Rajagiri

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College of Social Sciences, (hereinafter referred to as 'the College' for short), has approached this Court seeking a limited plea that the Government be directed to nominate their representatives to constitute the Statutory Selection Committee, as mandated under Chapter XLV Part B, Clause (3) of the Mahathma Gandhi University Statute, 1997 - to which University they are affiliated, for filling the vacant teaching posts in their various departments.

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petitioner - Smt.Noorji Noushad, says that the requests for nominating the representatives of the Government were made through Exts.P10 and P11, for filling up one post of Assistant

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Professor in Personnel Management in the Department of the Personnel Management; one

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WP(C).No.6700 OF 2020 3

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post of Assistant Professor in the Department

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of Social Work and two posts of the Assistant Professors in the Department of Business Administration. The learned counsel asserts that these posts are imperative to be filled up quickly, particularly in the case of Department of Business Administration because

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otherwise, the College will lose its accreditation with the All India Council for Technical Education (AICTE), going by their extant Orders and Regulations.

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After saying so, Smt.Noorji Noushad

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submitted that, pending this lis, an interim

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order had been issued by this Court on 23.06.2020, as per which, the Government was directed to constitute a Selection Committee

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to fill up the afore posts and that they have done so as regards the case of the Department of the Social Work. She then conceded that in

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the case of the Department of Personnel

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WP(C).No.6700 OF 2020 4

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Management, there has been certain changes in

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the manner of filling up of the post of

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Assistant Professor and that her client is not

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pressing it for the time being; however, seeking liberty to pursue such contention, if so required in future.

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Business Administration, Smt.Noorji Noushad submits that even though in Ext.P11 a request

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was made only for filling up of one vacancy of

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Assistant Professor, there are, in fact, two vacancies going by the mandate of Exts.P5 and P6; and that the second vacancy arose only after Ext.P11 request had been made. She added to these submissions by saying that since the AICTE Regulations mandate that these two posts

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be filled up before the College can seek

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renewal of its affiliation with them, it is crucial that the Government be directed to

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constitute the Selection Committee, by

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WP(C).No.6700 OF 2020 5

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nominating their representatives, at the earliest.

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Government Pleader - Sri.B.Hareesh Kumar, submitted that a counter affidavit has been filed on behalf of the 3^rd respondent - Deputy Director of Collegiate Education, in which the following have been averred:-

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“4. It is submitted that there is 112.5 hrs of workload in the department of Social Work and the permissible posts are 8 (including Principal) Copy of the University letter No.653/Bill.3/95/Acad dated 28.02.1995 is enclosed herewith. Six permanent teachers are working in the department of Social Work. Since Principal does not belong to the above department the permissible posts are 7 (Principal belongs to the department of personnel management). Hence there is one vacancy in the department of Social Work. But there is no Government orders creating post in the subject.

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It is further submitted that as per M.G. University letter No.653/Bill.3/955/Acad dated 28.02.1995, there are 75 hrs of workload and 5 permissible posts in the department of personnel management and there are four teachers including Principal in the Department of Personnel Management and there is one vacancy which aroused which due to the retirement of Sri.Anilkumar K. It is submitted that there are no Government Orders creating post in the department of Social Work and Personnel management. The proposal submitted by the Principal has been forwarded to the Directorate of Collegiate Education vide this office letter No.F3/6405/2019.

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It is further submitted that the Principal had submitted another proposal reporting vacancy in the Department of Business Administration which occurred due to the relieving of Dr.Roshna Varghese vide letter No.2/4/2019 dated 17.09.2019. The above proposal was objected requesting the principal to submit Government Orders creating post vide this office letter No.F3/7914/2019 dated 22.02.2020. The true copy of letter dated 22.2.2020 is produced herewith and marked as Exhibit R3(a).”

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The learned Senior Government Pleader

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submitted that, in addition, a counter affidavit has also been filed by the 1^st respondent against a subsequent Interim Application filed by the petitioner, namely IA.No.1/2020, which further explains that the criteria for fixing the workload of Teaching Staff in Arts and Science Colleges in the State of Kerala has been revised by G.O(MS).No.155/2020/H.Edn. Dated 1.4.2020; and that, as per this order, 16 teaching hours are necessary for each teaching post which are to be created or intended to be filled up. He submitted that as far as the petitioner College is concerned, it has only 60 working hours in the Department of Business Management

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WP(C).No.6700 OF 2020 7

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and therefore, that only 4 vacancies are necessary, which is available even as on date. He, therefore, prayed that the respondents be

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not directed to constitute a Selection Committee to fill up the additional two vacancies in the aforesaid Department, as claimed by the petitioner; and that this writ petition be dismissed.

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When one assesses the above rival

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submissions from the touchstone of the

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pleadings and materials available on record, it is luculent that what is relevant in this case, at least as regards the Department of Business Administration, is whether the posts therein will have to be identified and filled up in terms of the AICTE Regulations or as per

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the UGC guidelines. While the Government stipulates, through its afore mentioned Order, that posts have to be created and filled up only as per the UGC guidelines, the petitioner

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maintains that in the case of Department of Business Administration, the Regulations of the AICTE would have primacy.

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Senior Government Pleader specifically as to whether the official respondents have a case

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that affiliation of the AICTE is not necessary for the Department of Business Administration of the petitioner, to which he unhesitatingly replied to the negative. He conceded that since the course in question requires the approval/affiliation of the AICTE, their Regulations would apply; but still asserted that only the UGC guidelines govern for the

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purpose of fixing the number of posts and its filling up.

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I am afraid that this Court cannot

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grant imprimatur to the above submissions of the learned Senior Government Pleader because,

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when it is conceded that the Department of

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WP(C).No.6700 OF 2020 9

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Business Administration would require the affiliation/approval of the AICTE, obviously the Regulations issued by it with respect to the teaching posts and the method of instruction would certainly have to apply; because otherwise, the petitioner obviously runs the risk of their affiliation/recognition being cancelled.

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Senior Government Pleader whether the

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Government can offer any assurance that if the two posts claimed by the petitioner are not

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filled up, they would guarantee that AICTE

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approval to the petitioner would not be cancelled. Here again, the answer of the

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learned Senior Government Pleader was to the negative and he submitted that Government has no such jurisdiction or competence.

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certain that the petitioner is justified in

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WP(C).No.6700 OF 2020 10

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seeking that the two vacancies in the Department of Business Administration be filled up, especially because Government appears to have given up their earlier contention regarding non-creation of the posts, by agreeing to constitute a Selection Committee for the purpose of selection to the vacancy in the Department of Social Work, pending this lis .

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In the afore circumstances, I order this

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writ petition and direct the Government to constitute a Selection committee for the purpose of filling up of two vacancies of Assistant Professors in the Department of Business Administration in the petitioner - College at the earliest, but not later than one month from the date of receipt of a copy of this judgment and to complete the said process as per law, without any avoidable delay thereafter.

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However, on account of the persistence in the submissions made by the learned Government Pleader, I leave liberty to the Government to approach the AICTE in the meanwhile, to seek clarification as regards the number of posts that are required in the petitioner – College; and if within the afore time, they obtain a reply from the said Authority that these two vacancies are not necessary to be filled up, the afore directions will stand modulated and regulated to such effect.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/20.1.2021

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WP(C).No.6700 OF 2020 12

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE ORDER NO.AC.B3-687/76 DATED 29.8.1980 ISSUED BY THE UNIVERSITY OF KERALA TO THE PETITIONER.
EXHIBIT P2	A TRUE COPY OF THE DIRECT PAYMENT AGREEMENT EXECUTED BETWEEN THE MANAGEMENT OF THE PETITIONER COLLEGE WITH THE 1ST RESPONDENT ON 7.5.1981.
EXHIBIT P3	A TRUE COPY OF THE CLARIFICATION LETTER NO.553/BIII.3/95/ACAD. DATED 28.2.1995 SENT BY THE REGISTRAR, M.G.UNIVERSITY TO THE PETITIONER.
EXHIBIT P4	A TRUE COPY OF THE STAFF FIXATION STATEMENT (TEACHING)NO.669/AC.B.III/3/95 DATED 9.12.1999 ISSUED BY THE 4TH RESPONDENT UNIVERSITY TO THE PETITIONER.
EXHIBIT P5	A TRUE COPY OF THE LIST OF TEACHERS WORKED IN THE PETITIONER'S COLLEGE AS ON 10.9.2013.
EXHIBIT P6	A TRUE COPY LIST OF TEACHERS WORKING IN THE PETITIONER'S COLLEGE AS ON 1.2.2020.
EXHIBIT P7	A TRUE COPY OF THE CONSOLIDATED STATEMENT OF WORKLOAD AND FIXATION OF STAFF STRENGTH OF THE PETITIONER'S COLLEGE PREPARED BY THE ADHALATH COMMITTEE HEADED BY THE 3RD AND 4TH RESPONDENTS.
EXHIBIT P8	A TRUE COPY OF THE DETAILED STATEMENT OF PAY AND ALLOWANCE DRAWN BY THE TEACHERS OF THE PETITIONER'S COLLEGE ON JANUARY, 2013.
EXHIBIT P9	A TRUE COPY OF THE DETAILED STATEMENT OF PAY AND ALLOWANCE DRAWN BY THE TEACHERS OF THE PETITIONER'S COLLEGE ON APRIL, 2019.
EXHIBIT P10	A TRUE COPY OF THE PROPOSAL REFERENCE NO.2/2/2019 DATED 30.7.2019 FORWARDED BY THE PETITIONER BEFORE THE 1ST RESPONDENT THROUGH THE 3RD RESPONDENT FOR FILLING UP

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	THE TEACHING POSTS VACANCIES IN THE PETITIONER'S COLLEGE.
EXHIBIT P11	A TRUE COPY OF THE PROPOSAL REFERENCE NO.2/4/2019 DATED 17.9.2019 FORWARDED BY THE PETITIONER BEFORE THE 1ST RESPONDENT THROUGH THE 3RD RESPONDENT FOR FILLING UP THE TEACHING POSTS VACANCIES IN THE PETITIONER'S COLLEGE.
EXHIBIT P12	A TRUE COPY OF THE LETTER NO.F3/6405/2019 DATED 22.10.2019 SENT BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P13	A TRUE COPY OF THE CLARIFICATION LETTER REFERENCE NO.3/06/2019 DATED 4.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P14	A TRUE COPY OF THE LETTER NO.F3/6405/2019 DATED 29.1.2020 FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P15	TRUE COPY OF THE GOVERNMENT ORDER DATED 29/09/1995 ISSUED BY THE 1ST RESPONDENT GRANTING APPROVAL TO START MBA COURSE.
EXHIBIT P16	TRUE COPY ORDER ISSUED BY THE 1ST RESPONDENT ON 07/09/1999 TO INCREASE THE INTAKE OF STUDENTS OF MBA POST GRADUATE COURSE.
EXHIBIT P17	TRUE COPY OF RELEVANT PAGE OF APPROVAL PROCESS HAND BOOK ISSUED BY THE AICTE IN THE YEAR 2020-2021.
EXHIBIT P18	TRUE COPY OF THE ORDER F.NO.SOUTH-WEST/1- 7006124472/2020/EOA DATED 30/04/2020 ISSUED BY AICTE IN THE FAVOUR OF THE PETITIONER COLLEGE.
RESPONDENT'S/S EXH	IBITS:
EXHIBIT R1(A)	TRUE COPY OF THE ORDER DATED 27.10.2020
EXHIBIT R3(a):	TRUE COPY OF THE LETTER DATED 22/02/2020.

Rajagiri College of Social Sciences, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajagiri College of Social Sciences, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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