IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 803 OF 2020
PETITIONER:
PROVIDENCE WOMEN'S COLLEGE,
REPRESENTED BY ITS MANAGER,
PROVIDENCE COLLEGE ROAD,
MALAPARAMBA, KOZHIKODE-673009.
BY ADVS.BABY ISSAC ILLICKAL
SRI.ISAAC KURUVILLA ILLIKAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.
4 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
HEAD POST OFFICE, ARAVIND GHOSH ROAD,
MANANCHIRA, KOZHIKODE-673001.
5 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR,
CALICUT UNIVERSITY P.O, MALAPPURAM-673635.
BY ADVS.SMT.RESMI THOMAS, GP
SRI.P.C.SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, ALONG WITH WP(C).475/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.803 & 475/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 475 OF 2020
PETITIONERS:
1 ST. THOMAS COLLEGE, REPRESENTED BY ITS MANAGER,
KOZHENCHERY-689 641.
(BY ITS PRESENT MANAGER HIS GRACE THE MOST
REV.DR.JOSEPH MAR THOMA METROPOLITAN).
2 PRINCIPAL, ST.THOMAS COLLEGE,
KOZHENCHERY-689 641.
(BY ITS PRESENT PRINCIPAL DR.MATHEW P.JOHN).
BY ADVS.BABY ISSAC ILLICKAL
SRI.ISAAC KURUVILLA ILLIKAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF
SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001.
4 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOTTAYAM-686 001.
5 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS
REGISTRAR, PRIYADARSINI HILLS POST,
WP(C) Nos.803 & 475/2020
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KOTTAYAM-686 560.
BY ADVS.SMT.RESMI THOMAS, GP
SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, ALONG WITH WP(C).803/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.803 & 475/2020
-4-
JUDGMENT
[WP(C) Nos.803/2020, 475/2020] When these matters were called today, it was submitted by the learned counsel for the petitioners - Sri.Isaac Kuruvilla Illikal, that proposals to sanction additional posts to his clients have been made by the University and are pending with the Government of Kerala.
2. The learned Government Pleader - Smt.Resmi Thomas, submitted that she does not have any instructions as to the present status of the proposals made by the petitioners; and that she will require time to ascertain.
3. Even when I hear the learned Government Pleader as afore, the fact remains that a final decision as to the sanctioning of the posts, on the basis of the recommendations made by the University, will have to be taken by the competent Authority of the Government. I do not think that, WP(C) Nos.803 & 475/2020 -5- therefore, it will be necessary to keep these writ petitions pending on the files of this Court.
Resultantly, I order these writ petitions to the limited extent of directing the competent Authority of the State of Kerala to immediately take up the proposals of the petitioners, stated to be pending, for sanctioning of additional posts in their various departments, based on the recommendations of the University - which was, in turn, on the basis of the workload assessment made in an "Adalath" - after affording an opportunity of being heard to them; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
I make it clear that this Court has not entered into the merits of any of the contentions of the rival parties; and that all of them are WP(C) Nos.803 & 475/2020 -6- left open to be impelled by them before the competent Authority, when the afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) Nos.803 & 475/2020 -7- APPENDIX OF WP(C) 475/2020 PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE MINORITY CERTIFICATE OF THE PETITIONER DATED OF THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS.
EXHIBIT P2 PHOTOCOPY OF THE ORDER OF THE 5TH RESPONDENT DATED 20.06.2014. EXHIBIT P3 PHOTOCOPY OF THE GOVERNMENT ORDER DATED 09.05.2018.
EXHIBIT P4 PHOTOCOPY OF THE POST ADALAT REVIEW STATEMENT DATED 16.10.2003. EXHIBIT P5 PHOTOCOPY OF THE GOVERNMENT ORDER DATED 20.08.2010.
EXHIBIT P6 PHOTOCOPY OF THE GOVERNMENT ORDER DATED 12.06.2018.
EXHIBIT P7 PHOTOCOPY OF THE CIRCULAR DATED 04.10.2018 AND TRANSLATION.
EXHIBIT P8 PHOTOCOPY OF THE CONSOLIDATED STATEMENT OF WORKLOAD AND FIXATION OF STAFF STRENGTH PROPOSED BY THE ADALATH COMMITTEE ON THE BASIS OF THE WORKLOAD ADALATH 2018. RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE WP(C) Nos.803 & 475/2020 -8- APPENDIX OF WP(C) 803/2020 PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF THE CERTIFICATE OF ACCREDITATION DT.12.9.2017 EXHIBIT P2 PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS DT.30.07.2010 EXHIBIT P3 PHOTOCOPY OF THE GOVERNMENT ORDER DT.12.09.2013 WITH TRANSLATION EXHIBIT P4 PHOTOCOPY OF THE STATEMENT OF WORKLOAD IN THE DEPARTMENT OF BOTANY EXHIBIT P5 PHOTOCOPY OF THE STATEMENT OF WORKLOAD IN THE DEPARTMENT OF PSYCHOLOGY EXHIBIT P6 PHOTOCOPY OF THE STATEMENT OF WORKLOAD IN THE DEPARTMENT OF PHYSIOLOGY EXHIBIT P7 PHOTOCOPY OF THE GOVERNMENT ORDER DT.09.05.2018 EXHIBIT P8 PHOTOCOPY OF THE GOVERNMENT ORDER DT.12.06.2018 EXHIBIT P9 PHOTOCOPY OF THE CIRCULAR DT.04.10.2018 WITH TRANSLATION.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE