State of Kerala & Ors. Versus Arun George



CIVIL APPEAL Nos. 8459-8461 OF 2010

State of Kerala & Ors. etc. etc. …Appellants


Arun George & Ors. etc. etc. …Respondents

The State of Kerala accorded sanction on 09.11.1998 to the private educational institutions and managements for starting few new courses subject to the condition that there should be no additional financial commitment on the part of the State on that account. The 8th respondent-management applied to the Mahatama Gandhi University and the university vide an order dated 13.11.1998 granted permission to start new degree/graduate and post-graduate courses w.e.f. the academic session 1998-99 without any additional financial commitment to the University/Government. The managements for various aided colleges including the 8th respondent – management applied for affiliation of new courses. The Government issued an order dated 06.12.1999 according sanction for starting the new courses as mentioned in the appendix to the Government order subject to the condition that the expenditure will not exceed the budget allotment for the purpose of any account. Respondent Nos. 1 to 7 who were appointed by the 8th respondent-management to the various new courses sanctioned by the Government, the management forwarded the proposal for approval of their appointment to the university; but the same was rejected on 31.05.2002. In the year 2003, staff fixation order was issued to the Secretary of 8th respondent – management on 10.12.2003 for the years 2001-02 and 2002-03. Being aggrieved by the non-approval of the appointment of respondent nos. 1 to 8, respondents preferred Writ Petition (c)No. 482 of 2005 seeking a writ of mandamus and also to quash the staff fixation orders. Vide a judgment dated 12.08.2005, learned Single Judge allowed the writ petition holding that the Government is liable to pay the salary and other allowances to the teachers appointed to the new courses by the managements….read more