Kochi: Kerala High Court Division Bench clarified that the permanent appointment of lecturers and professors can be done only after the Government creates the position, even if the aided colleges are allowed new courses by the University.
If the appointment is done to a position without the Government’s approval, the University is not bound to recognize the same and the State Government is not bound to pay the salary.
The Division Bench – Justice P B Suresh Kumar and Justice C S Sudha – issued the directive while considering the appeal by the State Government against the appointment of Assistant professors in Hindi and Malayalam for the two new courses allotted to Cochin College.
The appeal argued that the guest lecturers’ appointment is allowed in such emergency situations and that permanent appointment must not be done until the Government creates the position.
As per the agreement on the direct payment scheme between the Government and the Aided Colleges, the Government has the decisive power in the appointment of lecturers in lieu of paying salary. If it is a burden to the Government, a decision considering the financial status would have to be made, the Court said.
The College had made an appointment in 2018 January and sought the University’s recognition. However, the Government issued an order after creating the teaching position including this and in many other colleges on October 30, 2020. With the University informing that the appointment can be recognized only from this date, the teachers filed a plea. Following this, the Single Bench ordered the Universities to review the appointment recommendation. The Government’s appeal is against this order.
The University argued that as per MG University rules section 59 (1), recognition cannot be given for the unapproved appointments to the posts of which salary is paid by the Government.
The Court did not approve of the professors’ contention that the post’s recognition should be considered from the day the new course is allotted by the University. It was pointed out that there is no relaxation in the law to change the staff pattern when the workload increases with a new course allotment.
During the period from the appointment date till the approval of the position by the Government, guest lecturer benefits can be allowed if recommended.
