Tkm College Of Engineering vs State Of Kerala

Kerala High Court

Tkm College Of Engineering vs State Of Kerala on 1 July, 2025

Author: D. K. Singh

Bench: D. K. Singh

                                              1
W.P. (C) No. 9573 of 2025




                                                               2025:KER:48010

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                            THE HONOURABLE MR. JUSTICE D. K. SINGH
             TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
                                    WP(C) NO. 9573 OF 2025

         PETITIONER:

                       TKM COLLEGE OF ENGINEERING
                       MUSALIAR HILLS, KARICODE, KOLLAM, PIN - 691005,
                       REPRESENTED BY ITS CHAIRMAN, GOVERNING BODY.

                       BY ADVS.
                       SMT.NISHA GEORGE
                       SRI.GEORGE POONTHOTTAM (SR.)
                       SRI.A.L.NAVANEETH KRISHNAN


         RESPONDENTS:

               1       STATE OF KERALA
                       REPRESENTED BY THE SECRETARY TO GOVERNMENT,
                       HIGHER EDUCATION DEPARTMENT, GOVERNMENT
                       SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

               2       THE DIRECTOR OF TECHNICAL EDUCATION
                       PADMAVILASAM ROAD, FORT, NALUMUKKU, PAZHAVANGADI,
                       THIRUVANANTHAPURAM, PIN - 695023.

               3       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
                       CET CAMPUS P.O., SREEKARIYAM, THIRUVANANTHAPURAM,
                       REPRESENTED BY ITS REGISTRAR, PIN - 695016.

                       BY ADV.
                          SMT. PARVATHY KOTTOL-GP

                 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
         ON 01.07.2025,          THE COURT ON THE SAME DAY DELIVERED THE
         FOLLOWING:
                                                     2
W.P. (C) No. 9573 of 2025




                                                                            2025:KER:48010

                                        D. K. SINGH, J.
                                      --------------------------
                                   W.P.(C) No. 9573 of 2025
                                      -------------------------
                              Dated this the 1st day of July, 2025

                                            JUDGMENT

1. The present writ petition has been filed for the following reliefs;

(a) issue a writ of certiorari calling for the records leading to Exhibit P13 and set aside the same;

(b) issue a writ of mandamus directing the 2nd respondent allowing the college to appoint an Assistant Professor from Exhibit P6 rank list in the Department of Civil Engineering;

(c) issue a writ declaring that the petitioner college is entitled to appoint an Assistant Professor, in the vacancy arose due to the resignation, from Exhibit P6 rank list;

(d) issue a writ declaring that the 2nd respondent is bound by Exhibit P5 and is liable to accord sanction and concurrence for appointment in accordance with the same;

(e) dispense with the filing of English translation of vernacular documents; and

(f) pass such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of this case.

2. Ms. Parvathy Kottol, the learned Government Pleader on instructions submits that the letter issued in Exhibit P-13 was by mistake and the Government authorities have no objection for making appointment from Exhibit P-6 rank list to the post of Assistant Professor in Civil Engineering in the petitioner College.

2025:KER:48010

3. Considering the said stand of the respondent authorities, nothing survives in this writ petition. The petitioner college is at liberty to make appointment from Exhibit P-6 rank list to the post of Assistant Professor in Civil Engineering.

With the above liberty, the present writ petition is hereby allowed.

Sd/-

D. K. SINGH JUDGE Svn 4 W.P. (C) No. 9573 of 2025 2025:KER:48010 APPENDIX OF WP(C) 9573/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF G.O. (MS) NO. 79/2015/H.EDN DATED 25.2.2015 EXHIBIT P2 TRUE COPY OF THE LETTER NO. DP3/20446/22/D.T.E. DATED 23.2.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE COPY OF THE LETTER NO.

DP3/26038/23/D.T.E. DATED 30.10.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF G.O. NO. 242/222/HEDN DATED 18.5.2022 EXHIBIT P5 TRUE COPY OF THE UNIVERSITY ORDER U.O. NO.

1997/2024/KTU DATED 17.7.2024 EXHIBIT P6 TRUE COPY OF THE RANK LIST PREPARED FOR GENERAL CATEGORY BY THE SELECTION COMMITTEE ON 14.5.2024 EXHIBIT P7 TRUE COPY OF THE RANK LIST PREPARED FOR PH CATEGORY BY THE SELECTION COMMITTEE ON 14.5.2024 EXHIBIT P8 TRUE COPY OF THE LIST EVIDENCING THE APPOINTMENT MADE IN VARIOUS DEPARTMENTS EXHIBIT P9 TRUE COPY OF G.O. NO. 863/2023-HEDN DATED 13.6.2023 EXHIBIT P10 TRUE COPY OF THE RESIGNATION LETTER DATED 5.12.2024 SUBMITTED BY SMT. SHAMEEJA SHAFI.

EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS NO. E2/897A/2024 DATED 7.12.2024 OF THE PETITIONER COLLEGE.

2025:KER:48010 EXHIBIT P12 TRUE COPY OF THE LETTER NO.

TKMCT/231/TKMCE/2023 DATED 23.12.2024 ISSUED BY THE COLLEGE TO THE 2ND RESPONDENT EXHIBIT P13 TRUE COPY OF THE LETTER NO. DP3/26038/23/DTE DATED 22.1.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER COLLEGE EXHIBIT P14 TRUE COPY OF THE LETTER NO.

TKMCT/231/TKMCE/2023 DATED 1.2.2025 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT