Kerala High Court
Smitha Gopan vs Sri.E.K.Mathew on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
CON.CASE(C) NO. 1423 OF 2013
AGAINST THE ORDER/JUDGMENT IN WPC 9379/2011 OF HIGH COURT
OF KERALA, ERNAKULAM
PETITIONER/S:
DR.RENI M.
AGED 42 YEARS
W/O.SABU K.K., RESIDING AT RENI COTTAGE, C.M.ROAD,
PERUMBAVOOR, ERNAKULAM DISTRICT-683 542.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.AMMU PILLAI
SRI.K.A.BALAN
SRI.PETER JOSE CHRISTO
SMT.N.SANTHA
RESPONDENT/S:
1 E.K.MATHEW
S/O/.E.T.KURIAKOSE, REGISTRAR, KERALA AGRICULTURAL
UNIVERSITY, OFFICE OF THE KERALA AGRICULTURAL
UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, THRISSUR-
680 656.
2 DR.P.B.BALACHANDRAN
AGED 58 YEARS
S/O V.APPU NAIR, DIRECTOR OF EXTENSION IN CHARGE
OF REGISTRAR, KERALA AGRICULTURAL UNIVERSITY,
OFFICE OF THE KERALA AGRICULTURAL UNIVERSITY, MAIN
CAMPUS, VELLAYINIKKARA, THRISSUR.680656.(ADDL.R2
STANDS IMPLEADED AS PER ORDER IN IA 430/14 IN CC
1423/13 DT.27.9.16)
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
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3 DR.S.LEENAKUMARI
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER,PROFESSOR AND HEAD OF DEPARTMENT OF
PLANT BREEDING AND GENETICS RRS MONCOMPU IN CHARGE
OF REGISTRAR,KERALA AGRICULTURAL UNIVERSITY,MAIN
CAMPUS,VELLANIKKARA,THRISSUR-680656 (ADDL.R3
STANDS IMPLEADED AS PER ORDER IN IA 240/18 IN CC
1423/13 DT.2.4.18)
4 DR.GIRIJA.D
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER,PROFESSOR OF MICROBIOLOGY IN CHARGE OF
REGISTRAR,KERALA AGRICULTURAL UNIVERSITY,MAIN
CAMPUS,VELLANIKKARA,THRISSUR-680656 (ADDL.R4
STANDS IMPLEADED AS PER ORDER IN IA 1/19 IN CC
1423/13 DT.8.8.19)
BY ADVS.
SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA
AGRICULTURAL UNIVERSI
SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2021, ALONG WITH Con.Case(C).172/2014,
1394/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
CON.CASE(C) NO. 172 OF 2014
AGAINST THE ORDER/JUDGMENT IN WPC 19545/2010 OF HIGH COURT
OF KERALA, ERNAKULAM
PETITIONER/S:
SINDHU S.NARAYAN,AGED 41 YEARS,W/O.VIJAYAKUMAR
C.P., ANJALI, THAMARASSERY P.O., KOZHIKODE-573.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 E.K.MATHEW,AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER, REGISTRAR, KERALA AGRICULTURAL
UNIVERSITY, VELLANIKARA, THRISSUR, PIN-680656.
2 DR.K.ARAVINDAKSHAN,REGISTRAR, KERALA AGRICULTURAL
UNIVERSITY, VELLANIKARA, THRISSUR, PIN-680656.
(ADDL.R2 STANDS IMPLEADED AS PER ORDER IN IA
338/16 IN CC 172/14 DT.27.9.16)
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA
AGRICULTURAL UNIVERSI
SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2021, ALONG WITH Con.Case(C).1423/2013
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
-4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
CON.CASE(C) NO. 1394 OF 2013
AGAINST THE ORDER/JUDGMENT IN WPC 2428/2012 OF HIGH COURT
OF KERALA, ERNAKULAM
PETITIONER/S:
SMITHA GOPAN,'BHASURAM', T.C.14/232, POONTHI ROAD,
KUMARAPURAM, ANAYARA.P.O., THIRUVANANTHAPURAM-029.
BY ADV SRI.MILLU DANDAPANI
RESPONDENT/S:
SRI.E.K.MATHEW,AGED 57 YEARS,S/O.E.T.KURIAKOSE,
THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY
MANNUTHY, THRISSUR-680 656, RESIDING AT SAMEERA,
34/663 F, MAMANGALAM, PALARIVATTOM P.O., KOCHI-25.
BY ADVS.
SRI.BABU JOSEPH KURUVATHAZHASCKERALA AGRICULTURAL
UNIVERSITY
SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2021, ALONG WITH Con.Case(C).1423/2013
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
CON.CASE(C) NO. 1454 OF 2013
AGAINST THE ORDER/JUDGMENT IN WPC 22462/2011 OF HIGH COURT
OF KERALA, ERNAKULAM
PETITIONER/S:
1 MAHESWARI P,W/O.JOBY MATHEW, R/A.'HARITHA',
MEKKATTU, PAMPOOR-KUTTOOR P O, THRISSUR-680013
2 ASHA JOHN,AGED 41 YEARS,W/O.BINU M ISSAC,
R/A.MANGALASSERIL, VELOOR, KOTTAYAM WEST P O,
KOTTAYAM-686003
BY ADV SRI.MILLU DANDAPANI
RESPONDENT/S:
SRI.E.K.MATHEW,S/O.E.T.KURIAKOSE, REGISTRAR,
KERALA AGRICULTURAL UNIVERSITY MANNUTHY, THRISSUR-
680656, R/A.SAMEERA, 34/663F,MAMANGALAM,
PALARIVATTOM P O, KOCHI-682025
BY ADVS.SRI BABU JOSEPHKURUVATHAZHA
SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL
UNIVERSITY
SRI.ROBSON PAUL
SRI.S.SREEKUMAR (SR.)
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2021, ALONG WITH Con.Case(C).1423/2013
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
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JUDGMENT
(Dated this the 4th day of August, 2021)
These contempt cases have been filed at the behest of
the petitioners for non-compliance of the directions
contained in the common judgment dated 31.7.2013 passed
in W.P.(C) No.22462/11 and connected cases. In the
aforementioned judgment, in pursuance to the notification
seeking application for appointment of Assistant Professor
in Kerala University, the petitioners had complained of non
filling of vacancies despite the fact that their names are
figured in the rank list.
2. The respondent University has averred in the
counter that there were many vacancies. Considering all
those factual disputes, by the judgment referred above, the
following directions were issued:-
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
"The University shall appoint the petitioners in the
respective field of their choice in the post of Assistant Professor
PROVIDED the vacancy had arisen during the validity of the
rank list. This may be done within a period of two months from
the date of receipt of a copy of this judgment."
3. In the preceding paragraph, this Court had noticed
that the rank list expired on 30.5.2011, as it was published
in 2008. To the specific pleadings in the contempt of non-
compliance, an affidavit has been filed along with
Ext.R1(d) dated 22.10.2013, whereby the respondent had
communicated the petitioners that the request for
appointment as Assistant Professor in the discipline of
Agricultural Extension had been examined and it was found
that there was no vacancy to be filled in the post of
Externally Aided Projects and Krishi Vigyan Kendras
during the validity of the rank list.
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
4. In my view, a different cause of action had accrued
in favour of the petitioners and instead of alleging the
contempt, the decision/communication ibid could have
been challenged on various grounds. In this view of the
matter, I do not deem it appropriate to proceed with the
contempt any further and the rules stand discharged.
With the above observations, these Contempt Cases
stand disposed of.
Sd/-
AMIT RAWAL, JUDGE.
dl/
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
APPENDIX OF CON.CASE(C) 172/2014
PETITIONER ANNEXURE
ANNEXURE I THE CERTIFIED COPY OF THE FINAL
JUDGMENT IN WP(C) NO.19545 OF 2010
DATED 31.7.2013 OF THIS HON'BLE COURT
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
APPENDIX OF CON.CASE(C) 1394/2013
PETITIONER ANNEXURE
ANNEXURE A1 TRUE COPY OF THE AFFIDAVIT IN WP(C)
2428/2012,DATED 4TH DAY OF JULY 2013
FILED BY THE REPONDENT
ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED
31.07.2013 IN WP(C) 2428/2012
ANNEXURE A3 TRUE COPY OF THE COMMUNICATION DATED
29.08.2013 FROM THE PETITIONER TO
REPONDENT
ANNEXURE A4 TRUE COPY OF THE COMMUNICATION
NO.GA/C4/20389/13 DATED 3.8.2013 ISSUED
BY KERALA AGRICULTURAL UNIVERSITY
ANNEXURE A5 TRUE COPY OF THE COMMUNICATION
NO.GA/L1/23972/2010(11) DATED 22.10.2013
FROM THE RESPONDENT TO THE PETITIONER
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
APPENDIX OF CON.CASE(C) 1454/2013
PETITIONER ANNEXURE
ANNEXURE A1 TRUE COPY OF THE AFFIDAVIT DATED
4.7.2013 FILED BY THE RESPONDENT BEFORE
THIS HONOURABLE COURT IN WP(C) 2428 OF
ANNEXURE A2 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT,DATED 31.07.2013,IN
WP(C) NO.22462/2011 G
ANNEXURE A3 TRUE COPY OF THE COMMUNICATION
NO.GA/L1/23972/2010(11) DATED 22.10.2013
ISSUED BY THE KERALA AGRICULTURAL
UNIVERSITY
CON.CASE(C) NO. 1423 OF 2013 & CNNCTD CASES
APPENDIX OF CON.CASE(C) 1423/2013
PETITIONER ANNEXURE
ANNEXURE 1 TRUE COPY OF NOTIFICATION
NO.GA/K1/21606/2007(II) DATED 30.5.2009
OF THE UNIVERSITY
ANNEXURE 2 TRUE COPY OF RELEVANT EXTRACT OF THE
MINUTES OF THE MEETING OF THE EXECUTIVE
COMMITTEE OF THE UNIVERSITY HELD ON
17.4.2010
ANNEXURE 3 TRUE COPY OF JUDGMENT DATED 13.8.2010 IN
WP(C) NO.14123/2010 OF THIS HON'BLE
COURT
ANNEXURE 4 TRUE COPY OF ORDER NO.GA/C3/20394/11
DATED 14.06.2011 ISSUED BY THE
RESPONDENT
ANNEXURE 5 TRUE COPY OF LETTER NO.CRM2/2010 DATED
6.7.2010 OF THE PROFESSOR AND HEAD OF
THE DEPARTMENT OF CASHEW RESEARCH
CENTRE,MADAKKATHARA
ANNEXURE 6 TRUE COPY OF THE LETTER NO.A2/540/2010
DATED 29.6.2011 OF THE PROJECT DIRECTOR
AND HEAD,ONATTUKARA REGIONAL
AGRICULTURAL RESEARCH STATION,KAYAMKULAM
