Abin John vs State Of Kerala

Kerala High Court

Abin John vs State Of Kerala on 23 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                           WP(C) NO. 5271 OF 2016
PETITIONERS:

     1     ABIN JOHN
           ASSISTANT PROFESSOR OF STATISTICS, ST.THOMAS COLLEGE,
           KOZHENCHERRY.

     2     BINI B.NAIR
           ASSISTANT PROFESSOR OF PHYSICS, ST.THOMAS COLLEGE, RANNI.

     3     SONA JOHN
           ASSISTANT PROFESSOR IN CHEMISTRY, NEWMAN COLLEGE,
           THODUPUZHA.

           BY ADVS.
           SRI.K.JAJU BABU (SR.)
           SRI.BRIJESH MOHAN
           SRI.M.SHINO
           SMT.M.U.VIJAYALAKSHMI



RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVT. OF KERALA,
           HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.

     2     MAHATMA GANDHI UNIVERSITY
           REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS,
           KOTTAYAM-686 560.

           BY ADVS.
           SRI. V.K. SUNIL, SR. GOVERNMENT PLEADER
           SRI. SURIN GEORGE IPE, SC, M.G. UNIVERSITY



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5271 OF 2016
                                    2




                  P.V.KUNHIKRISHNAN, J.
              --------------------------------------------
                   W.P.(C) No.5271 of 2016
             ----------------------------------------------
           Dated this the 23rd day of May, 2024


                             JUDGMENT

The above writ petition is filed with the following prayers:

"i) Issue a writ of certiorari or any other appropriate writ, order or direction to call for the records of the case leading to Exhibit P17 and quash the same.

ii) Declare that the amendment evidenced by Exhibit.P4 to Mahatma Gandhi University Statutes 1997 is impracticable and unworkable and therefore unreasonable and ultravires and thereby illegal and unconstitutional, and

iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to extend the benefit of Exhibits. P10 and P11 to the petitioners and direct the respondents to approve their appointments evidenced by Exhibits P1 WP(C) NO. 5271 OF 2016 3 to P3 for the period upto the approval granted in Exhibits P6 to P8 and extend them all consequential benefits.

iv) Issue such other reliefs as this Honourable Court may deem fit and proper on the facts and circumstances of the case.

v) Award costs to the petitioners."

2. The petitioners are rank holders in their respective University for their Post Graduate with NET qualifications and it is submitted that, they were selected and appointed as Assistant Professors in Aided Colleges affiliated to the 2nd respondent University as per Ext.P1 to P3 during the period between 2010 and 2012. It is submitted that there was an anomalous situation wherein the minimum age for appointment as Assistant Professor in aided WP(C) NO. 5271 OF 2016 4 college service was enhanced to 23 years in the place of 22 years earlier. The amendment evidenced by Exhibit P4 was found to be impracticable and unworkable by the University itself and withdrawn by Exhibit P5, restoring the minimum age of 22 years, is the submission. It is submitted that, those who were appointed during the interregnum period, were confronted with the rigour of Ext P4, but, the Government sanctioned relaxation evidenced by Exts. P10 & P11 including one of the appointees along with the petitioners as could be seen from Exts. P6 to P9, is the further submission. The case of the petitioners were also mooted to the Government for relaxation and recommended as per Exts. P12 to P14 since the approval for their appointment was limited by Ext.P4 WP(C) NO. 5271 OF 2016 5 amendment as evidenced from Exts. P6 to P8. However, the Government as per Ext. P17 not only rejected the request of the petitioners but, even without a notice or giving opportunity for hearing, decided to quash their appointment itself, which are approved by the University as per Exts. P6 to P8, is the grievance of the petitioners. The action evidenced by P17 is arbitrary and illegal. Hence, this writ petition is filed.

3. Heard the learned counsel appearing for the petitioners, the learned Government Pleader and the learned Standing Counsel appearing for the respondent University.

4. When this writ petition came up for consideration on 11.02.2016, this Court stayed the WP(C) NO. 5271 OF 2016 6 impugned order and the interim order was extended until further orders on 06.08.2016.

5. This Court perused Ext.P17 order. A perusal of Ext.P17 would not show that, it is an order passed after giving an opportunity of hearing to the petitioners. Considering the facts and circumstances of the case and without going to the merit of the case, I am of the considered opinion that, Ext.P17 can be set aside and there can be a direction to the 1st respondent to reconsider the matter, after giving an opportunity of hearing to the petitioners and other affected parties, if any.

Therefore, this Writ Petition is disposed of with the following directions:

1. Ext.P17 is set aside.

WP(C) NO. 5271 OF 2016 7

2. The 1st respondent is directed to reconsider the matter, after giving an opportunity of hearing to the petitioners and other affected parties, if any, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment.

3. Till final orders are passed by the Government, the status quo order as on today will continue.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 5271 OF 2016 8 APPENDIX OF WP(C) 5271/2016 PETITIONER EXHIBITS P1 : COPY OF THE APPOINTMENT ORDER DTD.6.1.2011 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

P2 : COPY OF THE MEMO OF APPOINTMENT DTD.20.12.2010 ISSUED BY THE ST.THOMAS COLLEGE, RANNY TO THE 2ND PETITIONER. P3 : COPY OF THE APPOINTMENT ORDER NO.11/11 DTD.21.3.2011 ISSUED BY THE NIRMALA COLLEGE, MUVATTUPUZHA TO THE 3RD PETITIONER. P4 : COPY OF THE AMENDMENT TO MAHATMA GANDHI UNIVERSITY STATUTES, 1997 DTD.22.5.2012.

P5 : COPY OF THE AMENDMENT TO MAHATMA GANDHI UNIVERSITY STATUTES, 1997 DTD.22.5.2012.

P6 : COPY OF THE ORDER NO.UO NO.4397/B1/2012/ACAD DTD.4.8.2012 OF THE 2ND RESPONDENT.

P7 : COPY OF THE ORDER NO.UO NO.4368/B1/2012/ACAD DTD.4.8.2012 OF THE 2ND RESPONDENT.

P8 : COPY OF THE ORDER NO.UO NO.4341/B1/2012/ACAD DTD.3.8.2012 OF THE 2ND RESPONDENT.

P9 : COPY OF APPROVAL ORDER NO.UO.NO.4385/B1/2012/ACAD DTD.4.8.2012 OF THE 2ND RESPONDENT.

P10 : COPY OF THE GOVERNMENT ORDER NO.37139/D2/2012/H.EDN DTD.9.1.2013. P11 : COPY OF THE GOVERNMENT ORDER WP(C) NO. 5271 OF 2016 9 NO.12967/AF3/13/H.EDN. DTD.16.7.2013. P12 : COPY OF THE REPORT NO.A3/206/14-15 DTD.26.8.2014 SUBMITTED BY THE PRINCIPAL BEFORE THE ADDL. CHIEF SECRETARY TO GOVERNMENT.

P13 : COPY OF THE REPORT NO.366/14 DTD.5.9.2014 SUBMITTED BY THE PRINCIPAL,NEWMAN COLLEGE, BEFORE THE ADDL.CHIEF SECRETARY TO GOVERNMENT. P14 : COPY OF THE REPORT NO.STC/DCE/TS- APPNT/STATS/2010-11 DTD.18.9.2014 SUBMITTED BY THE PRINCIPAL, ST.THOMAS COLLEGE, BEFORE THE DIRECTOR OF COLLEGIATE EDUCATION. P15 : COPY OF THE ORDER DTD.12.7.2012 IN WPC NO.15057/2009 OF THIS HON'BLE COURT. P16 : COPY OF THE GOVERNMENT ORDER DTD.14.2.2011 VIDE NO.GO(MS)NO.18/2011/H.EDN. P17 : COPY OF THE GOVERNMENT ORDER NO.15293/F3 14/H.EDN. DTD.20.12.2015.

RESPONDENTS EXHIBITS           :NIL


                         // TRUE COPY //


                          PA TO JUDGE