IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 35245 OF 2016
PETITIONER:
NAVAMANI P, AGED 49 YEARS, W/O.MOHANDAS,
PAROLILE HOUSE, POST KOLAKKATTUCHALIL,CHELEMBRA,
MALAPPURAM,LD TYPIST/COMPUTER ASSISTANT GR.II,
CALICUT UNIVERSITY.
BY ADV SMT.K.LATHA
RESPONDENTS:
1 UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR,
CALICUT UNIVERSITY PO, MALAPPURAM.
2 VICE CHANCELLOR, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO, MALAPPURAM.
3 SYNDICATE OF UNIVERSITY OF CALICUT
REP. BY ITS CHAIRMAN, VICE CHANCELLOR,
CALICUT UNIVERSITY PO, MALAPPURAM.
4 ABDUL SHUKOOR P., COMPUTER ASSISTANT, ARABIC
DEPARTMENT, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
5 P.T.RAJANI, COMPUTE ASSISTANT, HOLLOGRAM, PAREEKSHA
BHAVAN, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
673 635
6 DHANALEKSHMI K.K., COMPUTER ASSISTANT, PSYCHOLOGY
DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
7 SARADA N., COMPUTER ASSISTANT, PAREEKSHA BHAVAN, PG
SECTION, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
8 NISHA P., COMPUTER ASSISTANT, NSS OFFICE, UNIVERSITY
OF CALICUT, CALICUT UNIVERSITY PO 673 635
WPC 35245/2016
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9 MANJULA P., COMPUTER ASSISTANT, PAREEKSHA BHAVAN,
PG SECTION, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
10 RAJAGOPALAN P., COMPUTER ASSISTANT, COLLEGE
DEVELOPMENT COUNCIL, ADMINISTRATION BLOCK,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
11 SHEEJA K., PUBLICATION DIVISION, UNIVERSITY OF
CALICUT, CALICUT UNIVERSITY PO 673 635
12 SAVITHA PULIYULLATHIL, COMPUTER ASSISTANT,
ENGINEERING WING, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
13 SHAIJU O., COMPUTER ASSISTANT, B.SC. SECTION,
PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
14 RADHA M., COMPUTER ASSISTANT, PAREEKSHA BHAVAN,
EPR SECTION, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
15 BAIJITH KUMAR K.T., COMPUTER ASSISTANT, B.A
SECTION, PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
16 JOSEPH STANLY A.J., COMPUTER ASSISTANT,
THRISSUR, CALICUT UNIVERSITY BRANCH 680 115
17 SAJITH KUMAR T.C., COMPUTER ASSISTANT, PHILOSOPHY
DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
18 IBRAHIM V., COMPUTER ASSISTANT, PHILOSOPHY
DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
19 SUPRIYA C., COMPUTER ASSISTANT, PG II - PAREEKSHA
BHAVAN, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
20 JISHA P., COMPUTER ASSISTANT, DIGITAL WING,
PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
WPC 35245/2016
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21 BEENA K., COMPUTER ASSISTANT, EDE, UNIVERSITY OF
CALICUT, CALICUT UNIVERSITY PO 673 635
22 SHEELA G.K., COMPUTER ASSISTANT, DIGITAL WING,
PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
23 BINDU P., COMPUTER ASSISTANT, SDE, TAGORE
NIKETHAN, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
24 LATHA P., COMPUTER ASSISTANT, DIGITAL WING,
PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
25 SINDHU A., COMPUTER ASSISTANT, CE'S OFFICER,
PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
26 SMITHA VENUGOPAL, COMPUTER ASSISTANT, LIFE SCIENCE
DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
27 REENABAN THALAPPIL, COMPUTER ASSISTANT, DISTANCE
EDUCATION, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
28 SHEEJA T., COMPUTER ASSISTANT, CHMK LIBRARY,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
29 VINCY THADDEUS, COMPUTER ASSISTANT, WAYANADU,
CALICUT UNIVERSITY CENTRE 673 018
30 MANOJ T., COMPUTER ASSISTANT, DEPARTMENT OF
PHYSICAL EDUCATION, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
31 SATHI P.D., COMPUTER ASSISTANT, TAPAL, PAREEKSHA
BHAVAN, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
32 SINDHU C.D., B.SC. PAREEKSHA BHAVAN, UNIVERSITY
OF CALICUT, CALICUT UNIVERSITY PO 673 635
WPC 35245/2016
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33 SREEJAMOL E.T., COMPUTER ASSISTANT, EPR,
PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
34 JYOTHISHMATHY M., COMPUTER ASSISTANT,
ENGINEERING DEPARTMENT, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
35 JASMIN C.G., COMPUTER ASSISTANT, MALAYALAM
DEPARTMENT, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
36 SHEEJA A.S., COMPUTER ASSISTANT, TAGORE
NIKETHAN,UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
37 RAISY P.V., COMPUTER ASSISTANT, TAGORE NIKETHAN,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
673 635
38 SUNETHRA K., COMPUTER ASSISTANT, EDE - SCHOOL OF
DISTANCE EDUCATION, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
39 ANITHA K.M., COMPUTER ASSISTANT, ENGLISH
DEPARTMENT, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
40 RAJESH M.P., COMPUTER ASSISTANT, LEGAL CELL,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
41 SATHEEDEVI C., COMPUTER ASSISTANT, CHEMISTRY
DEPARTMENT, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
42 BEENA ADLEIN O.X., COMPUTER ASSISTANT, EDUCATION
DEPARTMENT, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
43 MINI A., COMPUTER ASSISTANT, CENTRE FOR HEALTH
SCIENCE, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
44 SHINE RAJ, COMPUTER ASSISTANT, KOTTAYAM, MG
UNIVERSITY ON DEPUTATION, 686 108
WPC 35245/2016
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45 SHEEJA K., COMPUTER ASSISTANT, FOLKLORE
DEPARTMENT, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
46 M.SAJNA, COMPUTER ASSISTANT, EDPC, ADMINISTRATION
BLOCK, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
47 ROOPA K.S., COMPUTER ASSISTANT, PRESS, UNIVERSITY
OF CALICUT, CALICUT UNIVERSITY PO 673 635
48 SWAPNA N., COMPUTER ASSISTANT, DEAN'S OFFICE,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
673 635
49 SINDU M., COMPUTER ASSISTANT, PHYSICS DEPARTMENT,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
673 635
50 KHADEEJA E., COMPUTER ASSISTANT, SDE, TAGORE
NIKETHAN, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
51 SONITHA K., COMPUTER ASSISTANT, EDPC, UNIVERSITY
OF CALICUT, CALICUT UNIVERSITY PO 673 635
52 SREEJITH K., COMPUTER ASSISTANT, POLITICAL
SCIENCE, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
53 REMANI M.P., COMPUTER ASSISTANT, ENGINEERING
DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
54 MINI CHANDROTH, COMPUTER ASSISTANT, FINANCE,
COMPUTER CELL, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
55 JAFAR O., COMPUTER ASSISTANT, MEN'S HOSTEL,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
56 BIJEESH K., PG SECTION,COMPUTER ASSISTANT,
PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
WPC 35245/2016
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57 VALAREENA RODRIGUES, COMPUTER ASSISTANT,
HOLLOGRAM, PAREEKSHA BHAVAN, UNIVERSITY OF
CALICUT, CALICUT UNIVERSITY PO 673 635
58 RAJESHKUMAR K.P., COMPUTER ASSISTANT, CONTROLLER
OF EXAMINATION'S OFFICE, PAREEKSHA BHAVAN,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
59 SAJINA SIVARAJ, COMPUTER ASSISTANT, FINANCE,
ADMINISTRATION BLOCK, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
60 RANI P., COMPUTER ASSISTANT, EDE - SCHOOL OF
DISTANCE EDUCATION, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
61 REMA M., COMPUTER ASSISTANT, EPR, PAREEKSHA
BHAVAN, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
62 SARITHA P.S., COMPUTER ASSISTANT, EDE-SCHOOL OF
DISTANCE EDUCATION,UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY PO 673 635
63 SETHU LAKSHMI P.M., COMPUTER ASSISTANT, BOTANY
DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
64 SHAJI A., COMPUTER ASSISTANT, VC'S OFFICE,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
PO 673 635
65 MUMTHAZ SINDU K.V., COMPUTER ASSISTANT, THRISSUR,
CALICUT UNIVERSITY CENTRE 680118
66 RADHAMONI R., COMPUTER ASSISTANT, LIFE SCIENCE
(BACK SIDE OF CHMK LIBRARY), UNIVERSITY OF
CALICUT, CALICUT UNIVERSITY PO 673 635
67 REENA VARGHESE, COMPUTER ASSISTANT, DISTANCE
EDUCATION, UNIVERSITY OF CALICUT, CALICUT
UNIVERSITY PO 673 635
68 DAISY E.D., COMPUTER ASSISTANT, COMMERCE BLOCK,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
673 635
WPC 35245/2016
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(ADDITIONAL RESPONDENTS 4 TO 68 IMPLEADED AS PER
ORDER IN IA NO.2270/2017 DATED 10.08.2022)
BY ADVS.
SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
SRI.AMAL KASHA
SRI.T.B.HOOD
SMT.M.ISHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 35245/2016
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JUDGMENT
The petitioner is presently working as a LD Typist/Computer Assistant Grade II in the services of the Calicut University. She says that a notification had been issued by the University on 17.06.2008, calling for candidates to apply to the post in question; and that there was a condition therein that those who had applied pursuant to an earlier notification, dated 13.11.1992, will also be eligible to be considered for appointment for selection, provided they are not over 50 years of age as on 01.01.2007.
2. The petitioner says that she was entitled to be considered under the afore provision, because she had been earlier working in the Calicut University as a temporary worker for over a decade. She says that, however, when her name was not considered and excluded from the Rank List, she approached this Court and obtained Ext.P1 judgment, pursuant to which, Ext.P2 proceedings were issued by the University, directing her inclusion in the Rank List, which he has done through Ext.P5. WPC 35245/2016 9
3. The petitioner concedes that she was thereafter appointed, but argues that she placing her junior to the various persons who had obtained lesser marks than her in the selection process, is illegal and unlawful.
4. The petitioner thus prays that Ext.P5 be set aside to the extent to which she has been shown as being junior to those persons who had secured lesser marks than her in the selection process; and that her seniority be ordered to be refixed.
5. I have heard Smt.K.Latha - learned counsel appearing for the petitioner; Sri.P.C.Sasidharan - learned Standing Counsel for the University and Sri.T.B.Hood - learned counsel appearing for the 4th respondent.
6. As I have already seen above, the petitioner's case is edificed on the fact that she was working as a temporary employee under the University prior to the notification dated 17.06.2008. She asserts that there was a condition in the said notification and even persons who had applied under an earlier notification, dated 13.11.1992, would be eligible to be considered for selection, provided they are below 50 years as on 01.01.2007. WPC 35245/2016 10
7. It is, therefore, indubitable that the factum of the petitioner having applied under the earlier notification dated 13.11.1992 was sine qua non for being considered for appointment under new notification dated 17.06.2008.
8. However, when one examines Ext.P1 judgment delivered by a learned Judge of this Court as early as on 16.07.2013, it is evident that it was found that there were no materials to show that the petitioner had made an application as per the notification dated 13.11.1992. However, taking note of the fact that she was working as a temporary worker under the University, empathy was extended to her, directing the University to consider her case "sympathetically", adverting to the declaration that she had applied under the notification dated 13.11.1992. It is indubitable that though this Court did not find her to have applied under the notification dated 13.11.1992, she was given the lenitude of being fictionally considered so, solely based on the declaration, which she made after Ext.P1 judgment had been delivered.
9. Obviously, therefore, the petitioner's case cannot be WPC 35245/2016 11 seen to be on par with that of other candidates, who had applied under the notification dated 17.06.2008.
10. That apart, I find favour with the submissions of Sri.P.C.Sasidharan - learned Standing Counsel for the University, that Ext.P5 Rank List could not have been challenged by the petitioner, without having assailed Ext.P2, proceedings, as per which she was ordered to be inlcuded in the selection process. In fact, he vehemently pointed out that, as is evident from Ext.P2 proceedings, the petitioner's inclusion in the Rank List was on the specific condition that it will not upset the seniority of other candidates; and he further explained that this was so provided because there was nothing to show that she had applied under the earlier notification dated 13.11.1992; and then argued that she was only given an indulgence by the University, based on Ext.P1 judgment.
11. I must say that I find substantial force in the afore submissions of Sri.P.C.Sasidharan because, as rightly pointed out by him and Sri.T.B.Hood - learned counsel for the party respondent - the petitioner was included in the Rank List only on WPC 35245/2016 12 account of the directions in Ext.P1 judgment. It is indubitable therefrom that, though it was proved that the petitioner had applied under the old Notification dated 13.11.1992, she was still allowed the liberty of applying under the new Notification dated 17.06.2008, based on a declaration obtained by her that she had applied under the former. This does not mean that her application under the old Notification had been affirmed by this Court; but, on the contrary, it is clear from Ext.P1, that she was being granted lenitude, taking note of the fact that she had been working on a temporary basis. This is ineluctable from the judgment itself, wherein, the learned Judge has recorded that there was no material to show that she had submitted an application as per the old Notification and that hence it may not be possible for this Court to direct the University to consider her application.
In the afore circumstances and especially because the petitioner has chosen not to challenge Ext.P2 - through which, her inclusion in the selection list has been made by a particular condition - I cannot find favour with her; and consequentially, WPC 35245/2016 13 am compelled to dismiss this Writ Petition, which I do.
Needless to say, my observations above are only with respect to the question of seniority of the petitioner claimed over other candidates and has nothing to do with her selection per se; and resultantly, all consequences pursuant to that will certainly be entitled to her as per law.
Sd/-
SAS/RR DEVAN RAMACHANDRAN
JUDGE
WPC 35245/2016
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APPENDIX OF WP(C) 35245/2016
PETITIONER EXHIBITS
EXHIBIT P1 : THE TRUE COPY OF THE JUDGMENT DATED 16-
7-2013 IN WPC.NO.12920 OF 2010.
EXHIBIT P2 : TRUE COPY OF MEMO DATED 24-2-2014 ISSUED
BY THE RESPONDENT UNIVERSITY TO THE
PETITIONER.
EXHIBIT P3 : THE TRUE COPY OF THE ORDER ISSUED BY THE
RESPONDENT UNIVERSITY DATED 20-4-2015. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE LD TYPIST TABULATION SHEET OF WRITTEN TEST, PRACTICAL TEST ALONG WITH LD TYPIST INTERVIEW MARK ISSUED BY THE RESPONDENT UNIVERSITY EXHIBIT P5 TRUE COPY OF THE 2010 REVISED RANK LIST OF LD TYPIST PUBLISHED BY THE RESPONDENT UNIVERSITY BASED ON THE PRESENT POSITION TRUE COPY OF THE REPRESENTATION EXHIBIT P6 SUBMISSION DATE4D 25.08.2015 FILED BY THE PETITIONER BEFORE THE RESPONDENT UNIVERSITY TRUE COPY OF THE MEMO DATED 21.10.2015 EXHIBIT P7 ISSUED BY THE RESPONDENT UNIVERSITY REJECTING THE REQUEST OF THE PETITIONER TO GRANT SENIORITY AND PROMOTION EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE DATED 6TH DAY OF DECEMBER 2010 IN WPC 12920 OF 2010 RESPONDENT EXHIBITS Exhibit R4(a) TRUE COPY OF THE ORDER DATED 23/11/2013 ISSUED BY THE 1ST RESPONDENT UNIVERSITY DECLARING SATISFACTORY COMPLETION OF PROBATION OF THE INCUMBENTS IN THE CADRE OF LD TYPIST