IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 17967 OF 2022
PETITIONERS:
1 PREMJITH S
AGED 34 YEARS
S/O SUGUNAN P.P, PARUVATHARA HOUSE,
SACHIVOTHAMPURAM P.O, KOTTAYAM DISTRICT,
PIN - 686532.
2 NIDHIN R
AGED 34 YEARS
S/O P.K RAVINDRAN, MANGALAPPALLIL HOUSE,
MOOLAVATTOM P.O., KOTTAYAM DISTRICT, PIN - 686012.
3 SREEKANTH S
AGED 33 YEARS
S/O K R SASEENDRAN, KAPPEPARAMBIL HOUSE,
MANNARKANDOM P.O, ADIMALI, IDUKKI DISTRICT,
PIN - 685561
BY ADVS.
K.MOHAMMED RAFEEQ
AMARNATH R LAL
BEN TOM
SANALDEV E.P.
P.M.MATHEW
VISHNUMAYA ANANDAN
RESPONDENTS:
1 PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION, FOURTH FLOOR, ANNEX
2, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT-1.
2 CHAIRMAN
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, NELSON
MANDELA MARGH, VASANTH KUNJ, NEW DELHI, PIN - 110070
3 REGISTRAR
APJ ABDUL KALAAM TECHNICAL UNIVERSITY CET CAMPUS,
THIRUVANANTHAPURAM DISTRICT, PIN - 695016
4 THE VICE CHANCELLOR
APJ ABDUL KALAM TECHNICAL UNIVERSITY CET CAMPUS,
THIRUVANANTHAPURAM DISTRICT, PIN - 695016
5 GURUDEVA INSTITUTE OF SCIENCE AND TECHNOLOGY
VENNIMALA, PAYYAPPADY P.O, KOTTAYAM - 686001,
REPRESENTED BY ITS CHAIRMAN.
WP(C) NO. 17967 OF 2022
2
6 THE CHAIRMAN
GURUDEVA INSTITUTE OF SCIENCE AND TECHNOLOGY,
VENNIMALA, PAYYAPPADY P.O, KOTTAYAM, PIN - 686001
7 THE SECRETARY
GURUDEVA INSTITUTE OF SCIENCE AND TECHNOLOGY,
VENNIMALA, PAYYAPPADDY P.O, KOTTAYAM, PIN - 686001
BY ADV Sajith Kumar V.
OTHER PRESENT:
SMT PARVATHY K-GP; SRI ELVIN PETER P.J.-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17967 OF 2022
3
JUDGMENT
The petitioners say that while they were working in the services of the 5th respondent - 'Gurudeva Institute of Science and Technology' (hereinafter referred to as 'the College' for short), their salary was not paid in full and that every month some amounts were deducted unfairly. They say that they have, therefore, preferred Exts.P9 and P10 representations before the 2 nd respondent - Chairman of All India Council for Technical Education, (AICTE), as also the 4 th respondent - Vice Chancellor of APJ Abdul Kalam Technological University (hereinafter referred to as 'the University' for short) to which the 5 th respondent - College is affiliated; but allege that no action has been taken by either of the Authorities until now. They, therefore, pray that said Authorities be directed to take up their representations and dispose it of in terms of law, within a time frame to be fixed by this Court.
2. Sri.Elvin Peter P.J. - learned Standing Counsel for the University, answered the afore request of the petitioners, made by their learned counsel - Sri.K.Mohammed Rafeeq, saying that if the WP(C) NO. 17967 OF 2022 4 petitioners only require Ext.P9 to be taken up and disposed of by the competent Authority of the University, same can be done in terms of the applicable guidelines of the University as well as that of the AICTE; however, praying that it may be left with the said Authority to take an apposite decision on it as per law.
3. When I consider the afore submissions, it is indubitable that no reasons are forthcoming from the 5th respondent - College as to why the deduction of salary, if true, had been made from the petitioners. Obviously, therefore, it is now for the University to consider all these aspects in its proper perspective.
Resultantly, I order this writ petition and direct the competent Authority of the APJ Abdul Kalam Technological University to take up Ext.P9 representation - though it is made before the Vice Chancellor - and dispose of the same in any manner as is apposite, after hearing the petitioners as well as the 5th respondent; 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.
WP(C) NO. 17967 OF 2022 5 Needless to say, while completing the afore exercise, the competent Authority of the University will keep in mind the applicable regulations of the AICTE also.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/27.7 WP(C) NO. 17967 OF 2022 6 APPENDIX OF WP(C) 17967/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 06.01.2022 ISSUED BY THE PRINCIPAL OF THE FIFTH RESPONDENT COLLEGE.
Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 03.11.2021 ISSUED BY THE PRINCIPAL OF THE FIFTH RESPONDENT COLLEGE Exhibit P3 TRUE COPY OF THE RECEIPT DATED 28.12.2015 ISSUED BY THE SEVENTH RESPONDENT TO THE FATHER OF THE SECOND PETITIONER Exhibit P4 TRUE COPY OF THE APPOINTMENT LETTER DATED 29.05.2012 ISSUED BY THE DIRECTOR -
ADMINISTRATION OF THE FIFTH RESPONDENT COLLEGE.
Exhibit P5 TRUE COPY OF THE RECEIPT DATED 01.06.2012 ISSUED BY THE SEVENTH RESPONDENT TO THE THIRD RESPONDENT.
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 20.03.2020 ISSUED BY THE MINISTRY OF LABOR AND EMPLOYMENT TO CHIEF SECRETARIES OF THE STATES.
Exhibit P7 TRUE COPY OF THE INSTRUCTION DATED 15.04.2020 ISSUED BY THE MEMBER SECRETARY OF THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION TO THE INSTITUTES AND COLLEGES. Exhibit P8 TRUE COPY OF THE NOTIFICATION ISSUED BY THE SECOND RESPONDENT.
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 13.03.2022 SUBMITTED BY THE PETITIONERS BEFORE THE FOURTH RESPONDENT.
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 16.03.2022 SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT.
Exhibit P11 TRUE COPY OF THE REPRESENTATION 02.03.2022 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SIXTH RESPONDENT.
Exhibit P11a TRUE COPY OF THE REPRESENTATION 05.03.2022 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SIXTH RESPONDENT Exhibit P11b TRUE COPY OF THE REPRESENTATION 24.02.2022 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SIXTH RESPONDENT.
Exhibit P12 TRUE COPY OF THE DECLARATION DATED WP(C) NO. 17967 OF 2022 7 31.08.2021 PUBLISHED BY THE SEVENTH RESPONDENT AND THE PRINCIPAL OF THE FIFTH RESPONDENT COLLEGE.
Exhibit P13 TRUE COPY OF THE COMMUNICATION DATED 26.04.2022 ISSUED BY THE SECOND RESPONDENT TO THE DIRECTOR OF THE FIFTH RESPONDENT COLLEGE.