Kerala High Court
Vijayalakshmi C.G,W/O.Sansh T.B vs Sumitha R.T,W/O.Vinod Kumar ... on 1 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) NO. 284 OF 2025 1 2025:KER:48109
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
OP(KAT) NO. 284 OF 2025
AGAINST THE ORDER DATED 20.05.2025 IN OA (EKM) NO.605 OF
2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM
(ADDITIONAL BENCH, ERNAKULAM)
PETITIONERS/RESPONDENTS 5 & 6 :
1 VIJAYALAKSHMI C.G
AGED 39 YEARS
W/O.SANSH T.B,
THEKKEVEEDU (H),
CHOTTANIKKARA P.O.
ERNAKULAM DISTRICT,
PIN - 682312
2 SUDEV KRISHNA SHARMAN G
AGED 40 YEARS
S/O.P.GOPALAKRISHNAN NAMBOOTHIRI,
PARAPPURATH ILLAM,
NADUVATHU P.O. WANDOOR,
MALAPPURAM DISTRICT,
PIN - 679325
BY ADVS.
SRI.VARUN C.VIJAY
SMT.DIVYA CHANDRAN
OP(KAT) NO. 284 OF 2025 2 2025:KER:48109
RESPONDENTS/APPLICANTS & RESPONDENTS 1 TO 4 & 7 TO 21:
1 SUMITHA R.T
AGED 43 YEARS
W/O.VINOD KUMAR KATTUMUNDA,
KATTUMUNDAKKAL HOUSE,
A.R.NAGAR P.O. MALAPPURAM,
PIN - 676305
2 DR.NEENA K.C
AGED 33 YEARS
D/O.CHANDRAN K.C,
KUNNINMEL HOUSE, ARATTUPUZHA P.O.,
THRISSUR, PIN - 680562
3 DR.NIDHEESH M.G
AGED 37 YEARS
S/O.GOPI M.C,
MANAKKADAN HOUSE,
EAST KODALY P.O,
MURILKKUNGAL,
THRISSUR, PIN - 680699
4 DR.SHAMALA C.M
AGED 47 YEARS
W/O.MUHAMMED SHAFEEK K.A
KOCHATTUPARAMBIL HOUSE,
PERINJANAM P.O. THRISSUR,
PIN - 680686
5 DR.DIVYA P.CHANDRAN
AGED 33 YEARS
W/O.RAMESH M.R,
MULANGATTU HOUSE,
CHENGAMANADU, ALUVA,
ERNAKULAM, PIN - 683578
6 DR.ANN MARIA JOHN
AGED 34 YEARS
W/O.HARIKRISHNAN K.R
KOYIKKAL HOUSE,
MANNANCHERRY P.O.
ALAPPUZHA, PIN - 688538
OP(KAT) NO. 284 OF 2025 3 2025:KER:48109
7 DR.ASWANI S MOHAN
AGED 31 YEARS
W/O.JISHNU CHANDRAN,
PANACHAL MELE PUTHEN VEEDU,
CHEMPAZHANTHY P.O.
THIRUVANANTHAPURAM, PIN - 695587
8 DR.DHANASURJITH D
AGED 37 YEARS
S/O.K.V.DHANAJAYAN,
VELICKAKATH VAYALAR P.O,
CHERTHALA, ALAPPUZHA, PIN - 688536
9 DR.LEKSHMI S
AGED 39 YEARS
D/O.REGHU V, LEKSHMISADANAM,
KEERTHINAGAR, VELLAYANI, NEMON P.O.
THIRUVANANTHAPURAM, PIN - 695020
10 DR.NISHA M.U
AGED 35 YEARS
W/O.BIBIN, B.S.NIVAS,
IRUMBIL,
ARUVIPPURAM P.O.
THIRUVANANTHAPURAM,
PIN - 695126
11 DR.SOORAJ R.S
AGED 31 YEARS
S/O.RAVEENDRANATH S,
PUTHUMANA HOUSE,
THEKKUMURY,
CHAMPAKKULAM P.O.
ALAPPUZHA,
PIN - 688503
12 DR.SREELEKSHMI K.SUDHAKAR
AGED 34 YEARS
D/O.K.SUDHAKARAN,
KAREEKKUNNEL HOUSE,
KUZHIPPURAYIDAM,
MANARCAD P.O,
KOTTAYAM, PIN - 686019
OP(KAT) NO. 284 OF 2025 4 2025:KER:48109
13 DR.SUTHASHI R
AGED 45 YEARS
W/O.JYOTHILAL T.G,
INDEEVARAM, MANICKAMANGALAM P.O. KALADY,
ERNAKULAM, PIN - 683574
14 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER,
HIGH COURT OF KERALA,
PIN - 682031
* STATE OF KERALA
REPRESENTED BY ITS SECRETARY
HIGHER EDUCATION DEPARTMENT
GOVERNMENT OF KERALA
SECRETARIAT
THIRUVANANTHAPURAM-695001 (ADDRESS OF R14 IS
CORRECTED AS PER ORDER DATED 01.07.2025 IN IA
NO.1/2025 IN OP(KAT)NO.284/2025
15 UNIVERSITY GRANTS COMMISSION
NAHADUR SHAH SAFAR MARG,
NEW DELHI,
REPRESENTED BY ITS CHAIRMAN,
PIN - 110002
16 THE KERALA PUBLIC SERVICE COMMISSION
OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY,
PIN - 695004
17 DIRECTOR OF COLLEGIATE EDUCATION
DIRECTORATE OF COLLEGIATE EDUCATION,
6TH FLOOR,
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM,
PIN - 695033
18 VRINDA P.M
AGED 35 YEARS
D/O.VASUDEV V, VALLIYIL (H),
PATHIRIKKODE,
CHATHAKKAD ROAD,
ELANKUR P.O. MALAPPURAM, PIN - 676122
OP(KAT) NO. 284 OF 2025 5 2025:KER:48109
19 LAKSHMY V
AGED 32 YEARS
D/O.ASOKAN P,
VAYYATTU VEEDU,
SOUTH VILLAGE,
PERINKULAM P.O. ALATHUR,
PALAKKAD, PIN - 678542
20 DR.NIKITHA M
AGED 35 YEARS
W/O.PRAJEED K, MAMPALLAM (H)
MUTHALAMADA P.O,
PALAKKAD, PIN - 678507
21 DR.SABNA T.THAJ
AGED 32 YEARS
D/O.M.THAJUDEEN,
KULIRMA, PERRUVARAMBA,
KAKKODI, ARUVIKKARA P.O,
THIRUVANANTHAPURAM-695564.
BY SHRI.S.KRISHNAMOORTHY, SC, UNIVERSITY GRANTS
COMMISSION - UGC
SRI.B.UNNIKRISHNA KAIMAL, SR.GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT) NO. 284 OF 2025 6 2025:KER:48109
JUDGMENT
A.Muhamed Mustaque, J.
The Registry shall correct the cause title of the matter. It is seen that the State of Kerala is represented by the learned Government Pleader of the High Court. There is no rule mandating that the State of Kerala must be represented by the learned Government Pleader. The petitioners shall accordingly correct the cause title. The judgment in this matter shall be issued to the petitioners only after such correction is made.
2. We, in this matter, had the advantage of hearing the learned counsel for the petitioners, as well as Sri.Thomas Abraham, the learned counsel appearing for the party respondents. We also heard the learned Standing Counsel for the UGC, the learned Standing Counsel for the PSC, and the learned Government Pleader.
3. The Original Application was heard originally by the Chairman of the Tribunal, sitting with Mr.P.K.Kesavan, Administrative Member. The matter was heard and disposed of on 22.11.2024. However, it appears that the order was not released. OP(KAT) NO. 284 OF 2025 7 2025:KER:48109 The applicant subsequently mentioned the matter before a quorum consisting of the Chairman and Dr.Pradeep Kumar, Administrative Member. Thereafter, the Tribunal, on 19.02.2025, passed the following order:
"The OA was heard and it was ordered as disposed of on 22/11/2024. But before completing of the order and its pronouncement, the matter was posted again as To be spoken to on today.
Heard again. Reserved for orders."
4. This indicates that the matter was re-heard by a new quorum. However, a final order was passed on 20.05.2025 by the quorum consisting of the Chairman and Mr.P.K.Kesavan, Administrative Member, the same quorum that had originally heard the matter. As seen from the proceedings dated 19.02.2025, it was a different quorum that heard the matter on that date.
5. The learned counsel for the respondents, Sri.Thomas Abraham submits that, in fact, there was no re-hearing of the matter. The only submission made before the Tribunal was for the release of the order. However, the proceedings were mistakenly recorded as if the matter had been heard again and reserved for orders.
OP(KAT) NO. 284 OF 2025 8 2025:KER:48109
6. However, the learned counsel for the petitioners, Sri.Varun. C.Vijay, submits that the matter was in fact elaborately heard on that day. Anyway, we do not propose to enter into that controversy. Since the proceedings dated 19.02.2025 indicate that the matter was heard by a different quorum, the order dated 20.05.2025 could not have been passed by another quorum.
7. In such circumstances, we set aside the impugned order for reconsideration. The parties are directed to mark their presence before the Tribunal on 15.07.2025.
In the result, the impugned order of the Tribunal is set aside. Accordingly, this Original Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
JOHNSON JOHN, JUDGE rkj OP(KAT) NO. 284 OF 2025 9 2025:KER:48109 APPENDIX OF OP(KAT) 284/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE NOTIFICATION DATED 11.12.2019 ISSUED BY THE PSC INVITING APPLICATIONS FOR APPOINTMENT TO THE POST OF ASSISTANT PROFESSOR IN SANSKRIT SAHITYA Annexure A2 TRUE COPY OF THE ERRATUM DATED 21.04.2022 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION Annexure A3 TRUE COPY OF THE ORDER DATED 25.10.2022 IN IN O.A(EKM)NO.1378/2022 Annexure A4 TRUE COPY OF THE JUDGMENT DATED 8.2.2023 IN O.P(KAT)NO.38 OF 2023 Annexure A5 TRUE COPY OF THE LIST ofNET SUBJECTS ALONG WITH THEIR RESPECTIVE SUBJECT CODES PUBLISHED IN THE WEBSITE OF THE UGC Annexure A6 TRUE COPY OF G.O(RT)NO.1024/2023/H.EDN DATED 6.7.2023 ISSUED BY THE GOVERNMENT Annexure A7 TRUE COPY OF THE U.O NO.2133/2025.ADMN DATED 3.3.2015 ISSUED BY THE UNIVERSITY OF CALICUT TREATING MA SANSKRIT LANGUAGE AND LITERATURE (GENERAL) AS EQUIVALENT TO MA SANSKRIT SAHITYA SPECIAL.
Annexure A8 TRUE COPY OF THE JUDGMENT DATED 5.4.2024 OF THE HON'BLE HIGH COURT OF KERALA IN W.P(C)NO.21254 OF 2023 Annexure A9 TRUE COPY OF THE NOTIFICATION DATED 8.2.2024 ISSUED BY THE KPSC Annexure A10 TRUE COPY OF THE APPOINTMENT CHART DATED 11.3.2024 ISSUED BY THE KPSC Annexure A11 TRUE COPY OF THE 'VISION AND ROAD MAP' FOR SANSKRIT PREPARED BY THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT OF THE GOVERNMENT OF INDIA.
Annexure A12 TRUE COPY OF THE JUDGMENT DATED 06.02.2018 OF THE HON'BLE HIGH COURT OF KERALA IN W.P(C)NO.4059/2018.
Annexure A13 TRUE COPY OF THE ORDER NO.AC.A.II/2/015307/14/2018 DATED 20.04.2018 ISSUED BY UNIVERSITY OF KERALA.
OP(KAT) NO. 284 OF 2025 10 2025:KER:48109 Annexure A14 TRUE COPYOF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA IN R.P.NO.969 OF 2024 IN O.P(KAT)NO.38 OF 2023 Annexure A15 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 9.02.2024 FILEDBY UGC BEFORE THE HON'BLE HIGH COURT OF KERALA IN W.P(C)NO.21254/2023 Annexure R4(a) TRUE COPY OF G.O(P)NO.41/94/H.EDN DATED 21.03.1994 Annexure R4(b) TRUE COPY OF G.O(P)NO.114/94/H.EDN DATED 06.08.1994 Annexure R4(c) TRUE COPY OF THE ORDER NO.DCETVM/2586/2024-B4 DATED 18.06.2024 Annexure R4(d) TRUE COPY OF THE ORDER NO.DCETVM/2586/2024-B4 DATED 12.07.2024. Annexure R5(a) TRUE COPY OF THE NOTIFICATION BEARING FILE NO.GA-11/C1/156687/2019/ADMN. DATED 31.12.2019 ISSUED BY THE REGISTRAR, UNIVERSITY OF CALICUT Annexure R5(b) TRUE COPY OF THE RANKED LIST BEARING NO.157279/AD-REC-ASST-2/2020/ADMN DATED 04.02.2021 ISSUED BY THE REGISTRAR, UNIVERSITY OF CALICUT Annexure R5(c) TRUE COPY OF THE CANDIDATE REGISTRATION DETAILS OF THE 5TH RESPONDENT DOWNLOADED FROM THE WEBSITE OF KPSC Annexure R5(d) TRUE COPY OF THE COUNTER AFFIDAVIT DATED 21.01.2024 FILED BY THE RESPONDENTS 9 TO 18 IN W.P(C)NO.21254/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA.
Annexure A16 TRUE COPY OF A DOCUMENT PUBLISHED BY UGC (F.17-6/2013(PS/MISC.) IN SEPTEMBER 2015 Exhibit P1 TRUE COPY OF THE MEMORANDUM OF O.A(EKM)NO.605/2024 FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM WITHOUT ANNEXURES Exhibit P2 TRUE COPY OF THE MISCELLANEOUS APPLICATION DATED 18.10.2024 FILED BY THE APPLICANTS IN O.A(EKM)NO.605/2024 FOR ACCEPTING ANNEXURE A14 AS ADDITIONAL DOCUMENT BEFORE THE HON'BLE TRIBUNAL Exhibit P3 TRUE COPY OF THE MISCELLANEOUS APPLICATION DATED 18.11.2024 FILED BY THE OP(KAT) NO. 284 OF 2025 11 2025:KER:48109 APPLICANTS IN O.A(EKM)NO.605/2024 FOR ACCEPTING ANNEXURE A15 Exhibit P4 TRUE COPY OF THE REPLY STATEMENT DATED 29.07.2024 FILED BY THE 4TH RESPONDENT IN O.A(EKM)NO.605/2024 BEFORE THE HON'BLE TRIBUNAL Exhibit P5 TRUE COPY OF THE DETAILED REPLY STATEMENT DATED 20.11.2024 IN O.A(EKM)NO.605/2024 FILED BY RESPONDENTS 5, 6, 7 AND 10 BEFORE THE HON'BLE TRIBUNAL Exhibit P6 TRUE COPY OF THE REJOINDER DATED 21.11.2024 FILED AGAINST THE EXT.P5 REPLY STATEMENT BEFORE THE HON'BLE TRIBUNAL Exhibit P7 TRUE COPY OF THE REPLY STATEMENT DATED 03.08.2024 IN O.A(EKM)NO.605/2024 FILED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE ORDER DATED 19.02.2025 IN O.A(EKM)NO.605/2024 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM Exhibit P9 TRUE COPY OF THE FINAL ORDER DATED 20.05.2025 IN O.A(EKM)NO.605/2024 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM