IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 8766 OF 2017
PETITIONERS:
1 ANUP C
'ARUN NIVAS', CHERIYIL, CHERUVALOOR P.O.,
THRISSUR-680308.
2 SMITHA T.
'THOZHUKKATE HOUSE', THEKKUMKARA P.O.,
WADAKKANCHERY-VIA-THRISSUR, PINCODE-680589
3 DEEPA P.
'EDAMANA HOUSE', CHITIANDA P.O.,
WADAKKANCHERY,THRISSUR-680585
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
RESPONDENTS:
1 SECRETARY, NSS COLLEGE CENTRAL COMMITTEE
NSS HEAD OFFICE, CHANGANASSERY, KOTTAYAM-686102
2 THE PRINCIPAL
SRI VYASA NSS COLLEGE, WADAKKANCHERY,
THRISSUR-680623
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATIONS
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION, THRISSUR.
4 DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE
EDUCATION,THIRUVANANTHAPURAM-695001
5 STATE OF KERALA
REP. BY ITS SECRETARY, HIGHER EDUCATION
DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001
6 SUNIL KUMAR A
S/O.A.D.ANANDA PANICKER, AGED 38 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE, WADAKKANCEHRRY,
THRISSUR, PIN-680585.
7 SHIBU K.N
S/O NARAYANAKURUP, AGED 41 YEARS, OFFICE ASSISTANT,
SRI.VYASA N.S.S. COLLEGE, WADAKKANCEHRRY,
THRISSUR, PIN-680585.
8 ASHA NAIR P.G
W/O ANILKUMAR, AGED 40 YEARS, OFFICE ASSISTANT,
WP(C) NO.8766/2017 & Con.Cases
2
SRI.VYASA N.S.S. COLLEGE, WADAKKANCEHRRY,
THRISSUR, PIN-680585.
9 GIRISH KUMAR K.K
S/O KRISHNANKUTTY PILLAI, AGED 35 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCEHRRY, THRISSUR, PIN-680585.
(Additional R6 to R9 are impleaded vide order
dated 05.03.2018 in I.A.No.3123 of 2018)
BY ADVS.
SRI.P.GOPAL
SRI.B.MURALEEDHARAN
SRI.K.T.SHYAMKUMAR
OTHER PRESENT:
SRI JOSHY THANNICKKAMATTAM-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).1459/2021, 23872/2018 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.8766/2017 & Con.Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 8767 OF 2017
PETITIONERS:
1 SANTHOSH T
AGED 37, S/O.SATHYASHEELAN K., RESIDING AT
'KADAVATH HOUSE',PARUTHIPRA P.O., SHORNUR,
PALAKKAD-679121
2 SANDEEP S.
AGED 27 YEARS
AGED 27, S/O.SASISEKHARAN PILLAI, RESIDING AT
'ARAKKAPPARAMBIL HOUSE', THOTTUVATHALA, NEDUMUDY
PO, ALAPPUZHA-688508
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
RESPONDENTS:
1 SECRETARY, NSS COLLEGES CENTRAL COMMITTEE
NSS HEAD OFFICE, CHANGANASSERY, KOTTAYAM-686102
2 THE PRINCIPAL
SRI VYASA NSS COLLEGE, WADAKKANCHERY, THRISSUR-
680623
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION,THRISSUR.
4 DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE
EDUCATION,THIRUVANANTHAPURAM-695001
5 STATE OF KERALA
REP. BY ITS SECRETARY, HIGHER EDUCATION
DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001
6 SUNILKUMAR A
S/O A.D.ANANDA PANICKER, AGED 38 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR, PIN-680585.
7 SHIBU K.N
S/O NARAYANAKURUP, AGED 41 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WP(C) NO.8766/2017 & Con.Cases
4
WADAKKANCHERRY, THRISSUR, PIN-680585.
8 ASHA NAIR P.G
W/O ANILKUMAR, AGED 40 YEARS, OFFICE ASSISTANT,
SRI.VYASA N.S.S. COLLEGE, WADAKKANCHERRY,
THRISSUR, PIN-680585.
9 GIRISH KUMAR K.K
S/O KRISHNANKUTTY PILLAI, AGED 35 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR, PIN-680585.
(Additional R6 to R9 are impleaded vide order
dated 16.02.2018 in I.A.No.2606/2018)
BY ADVS.
SRI.P.GOPAL
SRI.B.MURALEEDHARAN
SRI.K.T.SHYAMKUMAR
SRI JOSHY THANNICKKAMATTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).8766/2017 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8766/2017 & Con.Cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 23872 OF 2018
PETITIONERS:
1 SUNIL KUMAR A
AGED 38 YEARS
S/O.A.D.ANANDA PANICKER, AGED 38 YEARS,
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE, WADAKKANCHERRY, THRISSUR.
2 SHIBU K.N.
AGED 41 YEARS
S/O.NARAYANAKURUP, AGED 41 YEARS,
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE, WADAKKANCHERRY, THRISSUR.
3 ASHA NAIR P.G.
AGED 40 YEARS
W/O.ANILKUMAR, AGED 40 YEARS,
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE, WADAKKANCHERRY, THRISSUR.
4 GIRISH KUMAR K.K.
AGED 35 YEARS
S/O.KRISHNANKUTTY PILLAI, AGED 35 YEARS,
OFFICE ASSISTANT, *(CORRECTED)
SRI. VYASA NSS COLLEGE, WADAKKANCHERRY,
THRISSUR.
BY ADVS.
SRI.K.T.SHYAMKUMAR
SMT.K.N.ABHA
SRI.HARISH R. MENON
SRI.A.G.PRASANTH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE
EDUCATION,THIRUVANANTHAPURAM-695 001.
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
WP(C) NO.8766/2017 & Con.Cases
6
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION,THRISSUR, PIN-676 802.
4 THE SECRETARY
NSS COLLEGE'S CENTRAL COMMITTEE,NSS HEAD OFFICE,
CHANGANASSERY, KOTTAYAM-686 102.
5 THE PRINCIPAL
SRI.VYASA NSS COLLEGE, WADAKKANCHERY,
THRISSUR-680 623.
6 ANUP C.
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE, WADAKKANCHERY, THRISSUR,
RESIDING AT 'ARUN NIVAS',CHERIYIL, CHERUVALOOR PO,
THRISSUR-680 308.
7 SMITHA T.
OFFICE ASSISTANT,*(CORRECTED)
SRI.VYASA NSS COLLEGE,WADAKKANCHERY, THRISSUR,
RESIDING AT THOZHUKKATE HOUSE,THEKKUMKARA PO,
WADAKKANCHERY VIA, THRISSUR,PINCODE -680 589.
8 DEEPA P.
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE,WADAKKANCHERY, THRISSUR,
RESIDING AT EDAMANA HOUSE,CHITIANDA PO,
WADAKKANCHERY, THRISSUR, PINCODE -680 585.
9 SANTHOSH T.
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE,WADAKKANCHERY, THRISSUR,
RESIDING AT KADAVATH HOUSE,PARUTHIPRA PO,
SHORNUR, PALAKKADE-679 121.
10 SANDEEP S.
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE,WADAKKANCHERY, THRISSUR,
ARAKKAPPARAMBIL HOUSE, THOTTUVATHALA,NEDUMUDY PO,
ALAPPUZHA-688 508.
*(The name of post held by the petitioners and
respondents 6 to 10 in the cause title of the writ
petition and in the first paragraph of the writ
petition is corrected as 'Office Attender' instead
of 'Office Assistant' as per order dated 6.7.2022
in I.A.No.2 of 2022 in W.P(C)No.23872 of 2018.)
BY ADVS.
GOVERNMENT PLEADER
S.MUHAMMED HANEEFF
M.H.ASIF ALI
SRI JOSHY THANNICKKAMATTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).8766/2017 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8766/2017 & Con.Cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 1459 OF 2021
PETITIONER:
SATHEESH KUMAR K.R
AGED 36 YEARS
S/O. RAMACHANDRAN, WORKING AS LAB ASSISTANT
SRI VYASA NSS COLLEGE, PIN 680 623
RESIDING AT KARUKUNNEL HOUSE, VYASAGIRI P.O,
VADAKKANCHERRY, PIN 680 623
BY ADVS.
T.P.DEYANANTHAN
SRI.A.V.RAMAKRISHNA PANICKER
SRI.S.KRISHNALAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE ADDL. CHIEF SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033
3 REGIONAL DY. DIRECTOR OF COLLEGIATE EDUCATION,
THRISSUR 680 020
4 SECRETARY,
NSS COLLEGE CENTRAL COMMITTEE, PERUNNA,
CHANGANACHERRY 682 101.
5 PRINCIPAL,
SRE VYASA NSS COLLEGE, VYASAGIRI P.O,
VADAKKANCHERRY 680 623.
6 SUNILKUMAR A
S/O A.D.ANANDA PANICKER, AGED 40 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR.
7 SHIBU K.N
S/O NARAYANAKURUP, AGED 43 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR.
WP(C) NO.8766/2017 & Con.Cases
8
8 ASHA NAIR P.G
W/O ANILKUMAR, AGED 42 YEARS, OFFICE ASSISTANT,
SRI.VYASA N.S.S. COLLEGE, WADAKKANCHERRY,
THRISSUR.
9 GIRISH KUMAR K.K
S/O KRISHNANKUTTY PILLAI, AGED 37 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR.
(Additional R6 to R9 are impleaded vide order
dated 6.7.2022 in I.A.No.1 of 2021.)
BY ADVS.
SRI.P.GOPAL
SRI.K.T.SHYAMKUMAR
SHRI.HARISH R. MENON
SRI JOSHY THANNICKKAMATTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).8766/2017 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8766/2017 & Con.Cases
9
JUDGMENT
The petitioners in W.P(C)Nos.1459 of 2021, 8766 of 2017, 8767 of 2017 were appointed as Lab Assistants (LA) in the services of Vyasa NSS College ('College' for short), Vadakkancherry; while the petitioners in W.P(C)No.23872 of 2018 were appointed as Office Attenders (OA) in the same College. Both sets of appointments were made at the same time and the contentions of the petitioners in these two sets of cases have an unmistakable interplay, which persuades me to dispose of all these matters through this judgment.
2. The petitioners, who are LAs, were directly recruited, based on a notification issued by the College, which they say had full approval and permission of the competent Educational Authority. A Selection Committee was thereafter constituted, in which, a nominee of the Government was available, thus leading to rank list being drawn up, from which the LAs were appointed in terms of their placement. This is the same manner in which the OAs were also appointed and there is no contest to the same in any of these cases. WP(C) NO.8766/2017 & Con.Cases 10
3. While so, an objection was raised by the Director of Collegiate Education - a copy of which is on record as Ext.P8 in W.P(C)No.1459 of 2021, that the LAs were appointed without having the essential qualification under Statute 41(12) of the Calicut University (Conditions of Service of Teachers, Members and Non-teaching Staff ) First Statutes, 1979 (hereinafter referred to as 'the First Statutes' for short). Interestingly, this led to a cascading set of events, whereby, the Government - purportedly to help the LAs - downgraded the post to that of OA for a period of one year, so as to enable them to obtain the essential qualification as per the afore provision of the "First Statutes". This order of the Government is on record as Ext.P10 in W.P(C)No.1459 of 2021.
4. This appears to have been done by the Government because, as per Statute 41(12) of the "First Statutes", the acquisition of 'Attender Test' is a prerequisite for being appointed as Laboratory Assistant, but which test is conducted by the Public Service Commission (PSC) only for those persons who are in service as OAs. The predicament which the WP(C) NO.8766/2017 & Con.Cases 11 Government, therefore, felt was that the petitioners, being directly recruited as LAs, were hence without an opportunity to pass the 'Attender Test' - which they could do only if they had earlier worked as OAs - and thus downgraded their posts temporarily to obtain to them such an opportunity in the lower post and then to permit upgrading of the said posts subsequently as LAs.
5. The afore set of events and orders of the Government are challenged by the LAs; while the OAs assail the order of the Government to upgrade the downgraded posts of LAs, arguing that, by doing so, their chances of promotions will be affected. Their specific case is that once the LAs were downgraded as OAs through the Government Order afore mentioned, all of them were included within a homogeneous group and therefore, that common seniority ought to have been reckoned for the purpose of further promotions to the post of LAs. They thus impugn Ext.P10 in W.P(C)No.1459 of 2021 - producing it as Ext.P6 series in W.P(C)No.23872 of 2022 - to the extent to which it orders upgrading of the WP(C) NO.8766/2017 & Con.Cases 12 downgraded post of LAs, after a period of one year.
6. Before I move forward, I must record the submissions of Sri.P.Gopal - learned counsel for the College, that subsequent to the afore events, the petitioner in W.P(C)No.1459 of 2021 had been promoted as LA through Ext.P13 order and that the proposal to promote the other LAs, who were earlier downgraded, have been made to the Government, which is still pending. He explained that this was done because Statute 41(12) of the "First Statutes" allow a person, who is promoted, to acquire the 'Attender Test' in one of the five successive chances, under the aegis of the PSC.
7. From the sum total of the afore narrative of the facts it is perspicuous that the LAs have challenged their "down grading" as OAs, contending that it need not have been done within the ambit of Statute 66 of the "First Statutes"; while the OAs assail the up-gradation of the down graded post of LAs predicating that this could not have been done and that such persons could only claim promotion along with themselves, through the sanctioned homogeneous stream. WP(C) NO.8766/2017 & Con.Cases 13
8. Obviously, therefore, this Court has to first assess whether the "down grading" of LAs was proper, or whether it falls foul of the statutory prescriptions.
9. Sri.P.Gopal explained that, at the time when the recruitments were made, there were four vacancies in the post of OAs and five in the post of LAs and that two different notifications were issued by his client to fill up both these category of posts, with the sanction of the competent Authority of the Government. He submitted that two select lists were thus created for the two category of posts and that same have been produced on record as Ext.R4(a) (relating to OAs) and Ext.R4(b) (relating to LAs), along with a counter affidavit in W.P(C)No.23872 of 2018. He submitted that the selection process was completed by a Committee, in which a nominee of the Government was also available; and added that, normally, direct recruitment to the post of LAs is not attempted because, going by the "First Statutes", it is a promotion post. He, however, pointed out that, as per Statute 66 of the "First Statutes", when qualified persons are not available for WP(C) NO.8766/2017 & Con.Cases 14 promotion, the College can embark upon a direct recruitment in the manner laid down in the Statutes.
10. The learned counsel further submitted that it is thus and because there were no qualified persons for promotion to the post of LAs at the relevant time, that his client approached the jurisdictional Educational Authority, who granted approval for direct recruitment, leading to the notification thus being issued. He argued that, therefore, once the direct recruitment was done to the post of LAs as sanctioned by the "First Statutes" and under the permission of the Government/competent Educational Authorities, downgrading of the same for the purpose of obtaining the 'Attenders Test' was completely unnecessary and superfluous, particularly when Statute 41(12) of the First Statutes makes it clear that even a person in the promoted post will have five successive chances to obtain the said qualification under an exercise to be completed by the PSC and that if he fails to do so, he will require to be removed from service.
11. He concluded his submissions saying that though the WP(C) NO.8766/2017 & Con.Cases 15 LAs did not approach this Court within time - particularly in the case of the petitioner in W.P(C)No.1459 of 2021, the fact remains that the orders of the Government downgrading their posts were totally unnecessary and without any basis.
12. Sri.T.P.Deyananthan and Sri.S.Muhammed Haneef - learned counsel appearing for the various LAs, adopted the afore submissions of Sri.P.Gopal, saying that once the notification was issued for a direct recruitment under the ambit of Statute 66 of the "First Statutes", with the concurrence of the Government/competent Educational Authority, leading to the selection being completed by a Committee in which a nominee of the Government was also available, the Director of Collegiate Education could not have raised an objection, as he did, against their clients on the ground that they had not acquired the 'Attender Test'. They argued that this objection hinged on an impossible condition because their clients could not have cleared the 'Attender Test', unless they are worked as Office Attenders; but it is because there was no qualified Office Attender that they were WP(C) NO.8766/2017 & Con.Cases 16 recruited as LAs directly, which is statutorily permissible. They asserted that, therefore, instead of downgrading the post of LAs, the Government ought to have granted their clients the option of acquiring the 'Attender Test' while in service as LAs, within the purview of Statute 41(12) of the First Statutes. They thus prayed that the writ petitions filed by them be allowed.
13. In contradistinction, however, Sri.K.T.Shyam Kumar - learned counsel for the petitioners in W.P(C)No.23872 of 2018, who were appointed as OAs, submitted that appointments of the LAs directly was wrong and that they never ought to have been accommodated to that post without them having qualified under Statute 41(12) of the First Statutes. He argued that Government noticed this correctly and downgraded their posts; but that they could not have then allowed the benefit of its upgradation to the LAs subsequently; and could have only given the avenue of promotion to them, as is normally available under the "First Statutes", after having obtained the necessary qualification. He submitted that if this had been done, then his clients and the downgraded LAs WP(C) NO.8766/2017 & Con.Cases 17 would have competed for the same promotion, based on seniority and qualification and that the benefit given to them by the Government in allowing upgradation of the earlier downgraded posts, is peremptorily illegal and unlawful.
14. Sri.Joshy Thannickkamattam - learned Government Pleader, submitted that the orders issued by the Government downgrading the post of LAs were, in fact, intended to help them, so that they could obtain the qualification required for the post, by working as OAs and writing the 'Attenders Test' conducted by the PSC, which they can do only while so working. He explained that since the PSC conducts the afore said examination only for OAs in service, the LAs could not have obtained that qualification otherwise and that the Government thus found it necessary to "downgrade" their posts in such given circumstances. He submitted that, in any event, the LAs do not suffer any detriment on account of this, but are only benefited, because their posts have been ordered to be upgraded again after a one year period.
15. After saying as afore, the learned Government WP(C) NO.8766/2017 & Con.Cases 18 Pleader answered the contentions of the petitioners in W.P(C)No.23872 of 2018, saying that their assertions have no relevance or value because they were originally appointed as OAs and would be entitled to promotion only in the usual course. He argued that since the LAs were appointed directly to the said post, under Statute 66 of the "First Statutes", they cannot raise any objection to the same. He argued that, therefore, even though the post of LAs were downgraded, the petitioners in this writ petition cannot object to their upgradation subsequently, because Government was only offering the LAs what was entitled to them, even at the time of their initial appointment. He thus prayed that all these writ petitions be dismissed.
16. I have considered the afore submissions and have also gone through the various materials on record, as also the statutory Scheme.
17. As rightly argued by Sri.P.Gopal, Statute 66 of the "First Statutes", expressly provide that where candidates for being promoted to higher grades are not available or when WP(C) NO.8766/2017 & Con.Cases 19 such persons lack the essential qualification, such posts can be filled up by direct recruitment by the management in the manner laid down in the Statutes. It is on the strength of these provisions that the management approached the Government/competent Educational Authority for permission to make notifications, which led to the same being issued by them subsequently. When the notifications were thus sanctioned and same has not been withdrawn by the Government any time thereafter, no challenge to the same can be countenanced by any person at this time. Pertinently, based on such notifications, the petitioners in both the set of cases applied - one of them being appointed to the post of Lab Assistant and other to the post of Office Attender directly.
18. However, after the appointments were effected, which was done based on the selection conducted by the Committee in which a nominee of the Government was also available, the Deputy Director of Collegiate Education objected to the appointment of LAs saying that they had not cleared the 'Attender Test'. Obviously, this objection could not WP(C) NO.8766/2017 & Con.Cases 20 have been raised because, the Government had sanctioned filling up of the post of LAs directly by including a person of their choice in the Selection Committee, knowing fully well that the candidates would not have obtained the 'Attender Test', since they had not worked as OAs prior to it.
19. This objection certainly should have been dealt with by the Government appropriately in the light of Statute 66 of the "First Statutes"; but, unfortunately, instead of doing so, they proceeded, perhaps at the spur of the moment, by issuing Ext.P10 order in W.P(C)No.1459 of 2021, downgrading the post of LAs for a period of one year, purportedly allowing them to work as OAs for that period and be qualified to take the 'Attender Test'. I am afraid that this act of the Government was completely unnecessary and impermissible because, when Statute 66 of the "First Statutes" permitted direct recruitment to the post of LAs, then the provisions of Statute 41(12) ought to have been harmoniously read along with it and a method found, so as to allow the directly recruited LAs to obtain the qualifications in due course.
WP(C) NO.8766/2017 & Con.Cases 21
20. Indubitably, therefore, the further component of the said order, to upgrade the post of LAs after one year, would also be superfluous and without purpose and such direction could not have visited any detriment to the LAs because they were, concededly, appointed to that post and no other; particularly when it is also admitted that the relevant notification was also to that post and not to the post of OAs.
21. Viewed from the prism of the afore perspective, the submissions of the petitioners in W.P(C)No.23872 of 2018 would be unnecessary for me to consider because, a valid cause of action would arise to them only if the LAs had been demoted as OAs and placed along with them in the homogeneous group and not otherwise. Even if the post of LAs has been downgraded through Ext.P10 order in W.P(C)No.1459 of 2021, it is doubtful whether the OAs would obtain any cause, when it is sought to be upgraded for the same reason that I have already recorded above. This is more so because the OAs have chosen not to challenge Ext.P10 produced in W.P(C)No.1459 of 2021 through which the post WP(C) NO.8766/2017 & Con.Cases 22 of LAs was first 'downgraded' and then ordered to be 'upgraded' after one year.
In the afore circumstances, I order these writ petitions in the following manner:
(a) W.P(C)No.1459 of 2021 is allowed, setting aside Exts.P8 to P13 orders therein; consequentially directing the competent Authority of the Government/Educational Authority to grant permission to the LAs to appear for the 'Attender Test' in the manner, as has been provided under Statute 41(12) of the First Statute; however, clarifying that if they do not qualify in it within the chances that are permissible, they would lose their appointment, being unqualified at the inception.
(b) W.P(C)Nos.8766 of 2017 and 8767 of 2017 are also allowed in terms of the afore direction, even though this Court is cognizant that the order of the Government had not been specifically challenged, though a declaration has been sought by the petitioners that their 'downgradation' is illegal. It is also so declared as a corollary.
WP(C) NO.8766/2017 & Con.Cases 23
(c) As a resultant of the afore directions, W.P(C)No.23872 of 2018 will stand dismissed.
Needless to say, all consequential benefits to the LAs, including salary, allowances and such other, shall be made available to them as if they were never downgraded, subject however, to the condition that they will clear the 'Attender Test' within the chances permissible to them under Statute 41(12) of the First Statutes. This shall be done as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/12.7 WP(C) NO.8766/2017 & Con.Cases 24 APPENDIX OF WP(C) 8766/2017 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDERS OF THE 1ST PETITIONER EXHIBIT P2 A TRUE COPY OF THE APPOINTMENT ORDERS OF THE 2ND PETITIONER EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT ORDERS OF THE 3RD PETITIONER EXHIBIT P4 A TRUE COPY OF THE ORDER BEARING NO.
ESTT.E4/37107/2014/COLL.EDN. DATED 1.10.2015 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4(A) A TRUE COPY OF THE STATEMENT ACCOMPANYING THE ORDER BEARING NO.
ESTT.E4/37107/2014/COLL.EDN. DATED 1.10.2015 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT BEARING NO.C6/5099/2016 DATED 6.8.2016 EXHIBIT P6 A TRUE COPY OF THE LETTER BEARING NO. C-
5099/2016 DATED 6.8.2016 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P7 A TRUE COPY OF THE LETTER BEARING NO.E4/37107/2014/COLL.EDN. DATED 26.10.2016 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P8 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT RESPONDENT EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE LETTER NO.42154/D2/12/H.EDN. DATED 20.2.2013 OF THE GOVERNMENT.
EXHIBIT R1(B) TRUE COPY OF THE LETTER OF THE DIRECTOR OF COLLEGIATE EDUCATION DATED 26.6.2014 EXHIBIT R1(C) TRUE COPY OF THE LETTER NO.32065/D3/14/H.EDN. DATED 31.5.2015 OF THE GOVERNMENT EXHIBIT R1(D) TRUE COPY OF THE ORDER NO.H/5193(2)/2017 DATED 23.9.2017 OF THE 1ST RESPONDENT. EXHIBIT R1(E) TRUE COPY OF THE ORDER NO.H/5193(3)/2017 DATED 23.9.2017 OF THE 1ST RESPONDENT. EXHIBIT R1(F) TRUE COPY OF THE ORDER NO.H/5193(5)/2017 DATED 23.9.2017 OF THE 1ST RESPONDENT.
EXHIBIT R1(G) TRUE COPY OF THE LETTER WP(C) NO.8766/2017 & Con.Cases 25 NO.G1/EST/2018/810 DATED 22.5.2018 ALONG WITH THE PROPOSAL IN RESPECT TO THE 1ST PETITIONER.
EXHIBIT R1(H) TRUE COPY OF THE LETTER NO.G1/EST/2018/812 DATED 22.5.2018 ALONG WITH THE PROPOSAL IN RESPECT TO THE 2ND PETITIONER.
EXHIBIT R1(I) TRUE COPY OF THE LETTER NO.G1/EST/2018/814 DATED 22.5.2018 ALONG WITH THE PROPOSAL IN RESPECT TO THE 3RD PETITIONER.
WP(C) NO.8766/2017 & Con.Cases 26 APPENDIX OF WP(C) 8767/2017 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER EXHIBIT P2 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER EXHIBIT P3 A TRUE COPY OF THE ORDER BEARING NO.ESTT.E4/37107/2014/COLL.EDN. DATED 1.10.2015 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3(A) A TRUE COPY OF THE STATEMENT ACCOMPANYING THE ORDER BEARING NO.ESTT.E4/37107/2014/COLL.EDN. DATED 1.10.2015 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT BEARING NO. C6/5099/2016 DATED 6.8.2016 EXHIBIT P5 A TRUE COPY OF THE LETTER BEARING NO. C-
5099/2016 DATED 6.8.2016 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P6 A TRUE COPY OF THE LETTER BEARING NO.E 4/37107/2014/COLL EDN. DATED 26.10.2016 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT RESPONDENT EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE ORDER NO.H/5193(1)/2017 DATED 23.9.2017 OF THE SECRETARY, NSS COLLEGE CENTRAL COMMITTEE EXHIBIT R1(B) TRUE COPY OF THE ORDER NO.H/5193(4)/2017 DATED 23/9/2017 OF THE SECRETARY, NSS COLLEGES CENTRAL COMMITTEE.
EXHIBIT R1(C) TRUE COPY OF THE LETTER NO.G1/EST/2018/809 DATED 22/5/2018 ALONG WITH THE PROPOSAL IN RESPECT OF THE 1ST PETITIONER SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 4TH RESPONDENT.
EXHIBIT R1(D) TRUE COPY OF THE LETTER NO.G1/EST/2018/813 DATED 22/5/2018 ALONG WITH THE PROPOSAL IN RESPECT OF THE 2ND PETITIONER SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 4TH RESPONDENT. WP(C) NO.8766/2017 & Con.Cases 27 APPENDIX OF WP(C) 23872/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 17-5-2014 APPROVING THE APPOINTMENTS OF THE PETITIONERS.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 23-6-
2015 OF THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 1-10-2015 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26-10-2016 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE SENIORITY LIST OF NON TEACHING AS ON 1-1-2016.
EXHIBIT P6 TRUE COPY OF THE INDIVIDUAL REPRESENTATION DATED 2-12-2017 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P6(A) TRUE COPY OF THE INDIVIDUAL REPRESENTATION DATED 2-12-2017 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P6(B) : TRUE COPY OF THE INDIVIDUAL REPRESENTATION DATED 2-12-2017 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P6(C) TRUE COPY OF THE INDIVIDUAL REPRESENTATION DATED 2-12-2017 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR UPGRADATION OF THE POSTS HELD BY THE 6TH RESPONDENT.
EXHIBIT P7(A) TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR UPGRADATION OF THE POSTS HELD BY THE 7TH RESPONDENT.
EXHIBIT P7(B) TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR UPGRADATION OF THE POSTS HELD BY THE 8TH RESPONDENT.
EXHIBIT P7(C) TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR WP(C) NO.8766/2017 & Con.Cases 28 UPGRADATION OF THE POSTS HELD BY THE 9TH RESPONDENT.
EXHIBIT P7(D) TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR UPGRADATION OF THE POSTS HELD BY THE 10TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE G.O(MS) 278/2022/H.EDN.
DATED 05/06/2022 RESPONDENTS EXHIBITS ANNEXURE R3(A) A TRUE P[HOTO COPY OF THE LETTER NO.32065/D3/14/H.EDN DATED 31.5.2015. ANNEXURE R3(B) TRUE COPY OF THE INTERIM ORDER IN W.P(C)NO.8766/2017 DATED 7.4.2017. ANNEXURE R3(C) A TRUE COPY OF THE INTERIM ORDER IN W.P(C)NO.8767/2017 DATED 07.04.2017. ANNEXURE R3(D) A TRUE COPY OF THE COMMUNICATION NO.H/4809/2018 DATED 16.8.2018.
ANNEXURE R4(A) TRUE COPY OF THE SELECT LIST PUBLISHED BY THE SELECTION COMMITTEE DATED 23.7.2013 FOR THE POST OF LAST GRADE SERVENTS.
ANNEXURE R4(B) TRUE COPY OF THE SELECT LIST PUBLISHED BY THE SELECTION COMMITTEE FOR APPOINTMENT TO THE VACANCIES OF LAB ASSISTANT IN THE COLLEGE DATED 31.7.2013.
WP(C) NO.8766/2017 & Con.Cases 29 APPENDIX OF WP(C) 1459/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF S.S.L.C EXAMINATION OF MARCH 2002 OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF HIGHER SECONDARY EXAMINATION IN 2002-2003 OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF B.COM DEGREE DATED 29-04-2009 OF THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE SUBORDINATE SERVICE RULES OF COLLEGIATE EDUCATION DEPARTMENT 1967 RELEVANT PAGES) EXHIBIT P5(a) THE TRUE COPY OF NOTIFICATION DATED 7-
05-2011 IN THE MALAYALA MANORAMA DAILY EXHIBIT P5(b) THE TRUE COPY OF NOTIFICATION DATED 11-
05-2011 IN THE INDIAN EXPRESS EXHIBIT P5(c) THE TRUE COPY OF NOTIFICATION DATED 11-
05-2011 IN THE HINDU DAILY EXHIBIT P6 TRUE COPY OF THE LETTER NO. E4 32827/2011/COLL. EDU DATED 25-01-2013 EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER ORDER NO. H. 5196/2013 DATED 08-08-2013 OF THE 4TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE LETTER NO. E4-
37107/2014/COLL EDN DATED 26-06-2014 EXHIBIT P9 TRUE COPY OF THE ORDER NO. H 5196/2013 DATED 21-11-2014 OF THE 4TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE GOVERNMENT ORDER NO.
32065/D3/14/H.EDN DATED 31-05-2015 EXHIBIT P11 TRUE COPY OF THE ORDER E4-37107/2014 COLL. EDN. DATED 01-10-2015 APPROVING AS OFFICE ATTENDANT EXHIBIT P12 TRUE COPY OF THE ORDER NO. H 6224/2016 DATED 20-08-2016 OF THE 4TH RESPONDENT EXHIBIT P13 TRUE COPY OF THE ORDER NO. H.
7086(3)/2016 DATED 14-11-2016 OF THE 4TH RESPONDENT.
EXHIBIT P14 THE TRUE COPY OF THE LETTER NO.E4/34503/2020DCE DATED 5.2.2021 WITH ENGLISH TRANSLATION.
RESPONDENTS EXHIBITS WP(C) NO.8766/2017 & Con.Cases 30 EXHIBIT R4(A) TRUE COPY OF THE LETTER OF THE GOVERNMENT DATED 20.2.2013.