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Nasiya N vs State Of Kerala
2021 Latest Caselaw 3448 Ker

Citation : 2021 Latest Caselaw 3448 Ker
Judgement Date : 1 February, 2021

Kerala High Court
Nasiya N vs State Of Kerala on 1 February, 2021
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

      MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                        WP(C).No.146 OF 2020(P)

PETITIONER/S:

                NASIYA N
                ASSISTANT PROFESSOR, MUSLIM EDUCATION SOCIETY MAMPAD
                COLLEGE, MAMPAD COLLEGE.P.O., MALAPPURAM-676542.(AGED
                30, W/O.NAMEER.P, NECHIKKAT HOUSE, CHERUVADI.P.O.,
                MAVOOR (VIA), KOZHIKODE).

                BY ADVS.
                SRI.K.S.MADHUSOODANAN
                SRI.M.M.VINOD KUMAR
                SRI.P.K.RAKESH KUMAR
                SRI.K.S.MIZVER
                SRI.M.J.KIRANKUMAR
RESPONDENT/S:
       1      STATE OF KERALA,
              REPRESENTED BY SECRETARY, HIGHER EDUCATION
              DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
       2      DIRECTOR OF COLLEGIATE EDUCATION,
              VIKAS BHAVAN, GOVERNMENT OF
              KERALA,THIRUVANANTHAPURAM-695033.

      3         DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
                KOZHIKODE-673001.

      4         UNIVERSITY OF CALICUT,
                THENJIPALAM, MALAPPURAM-673635, REPRESENTED BY
                REGISTRAR.

      5         CORPORATE MANAGER,
                MUSLIM EDUCATION SOCIETY AIDED COLLEGE, IMA HALL
                ROAD, NADAKKAVU, KOZHIKODE-673011.

      6         SMT.JASEELA.M.A.,
                ASSISTANT PROFESSOR, MES KEVEEYAM COLLEGE,
                VALANCHERY.P.O., MALAPPURAM-676552.

      7         SMT.MEHAR AL MINNATH,
                ASSISTANT PROFESSOR, MES MAMPAD COLEGE, MEMPAD
                COLLEGE.P.O., MALAPPURAM-676542.
 WP(C).No.146 OF 2020(P)

                                2


             R1-3 BY GOVERNMENT PLEADER
             R4 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
             R5 BY ADV. SRI.BABU KARUKAPADATH
             R5 BY ADV. SMT.M.A.VAHEEDA BABU
             R5 BY ADV. SRI.AVINASH P RAVEENDRAN
             R5 BY ADV. SMT.ARYA RAGHUNATH
             R7 BY ADV. SRI.K.M.FIROZ
             R7 BY ADV. SMT.M.SHAJNA

OTHER PRESENT:

             GP SRI B HARISH KUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2021, ALONG WITH WP(C).19024/2020(C), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.146 OF 2020(P)

                                   3


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

    MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                      WP(C).No.19024 OF 2020(C)

PETITIONER/S:

                MEHAR AL MINNATH (DR.)
                AGED 42 YEARS
                W/O SIRAJ KASIM, JYOTHIRGAMAYA, MELIKANIKKATTIL,
                FAROOK COLLEGE POST, KOZHIKODE-673 632.

                BY ADVS.
                SRI.K.M.FIROZ
                SMT.M.SHAJNA
                SRI.E.C.AHAMED FAZIL
                SRI.P.C.MUHAMMED NOUSHIQ

RESPONDENT/S:

      1         THE STATE OF KERALA
                REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER
                EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-679 001.

      2         DIRECTOR OF COLLEGIATE EDUCATION,
                VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.

      3         DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
                KOZHIKODE, MANANCHIRA POST, KOZHIKODE-673 001.

      4         UNIVERSITY OF CALICUT,
                REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY
                POST, THENIPALAM, MALAPPURAM-673 635.

      5         THE PRINCIPAL,
                M.E.S MAMPAD COLLEGE, P.O.MAMPAD COLLEGE,
                MALAPPURAM DISTRICT-676 542.

      6         CORPORATE MANAGER,
                MUSLIM EDUCATIONAL SOCIETY AIDED COLLEGE, IMA HALL
                ROAD, NADAKAVU, KOZHIKODE-673 011.
 WP(C).No.146 OF 2020(P)

                                4




      7      ADDL.R7.NASIYA.N.
             AGED 30 YEARS
             ASSISTANT PROFESSOR, MUSLIM EDUCATION SOCIETY
             MAMPAD COLLEGE, MAMPAD COLLEGE P.O, MALAPPURAM-676
             542, W/O.NAMEER P, NECHIKKAT HOUSE, CHERUVADI P.O,
             MAVOOR (VIA), KOZHIKODE IS IMPLEADED AS PER ORDER
             DATED 22-10-2020 IN IA 1/2020 IN WP(C)19024/2020.

             R1 BY GOVERNMENT PLEADER
             R4 BY SRI.P.C.SASIDHARAN, SC, MAHATMA GANDHI
             UNIVERSITY
             R5-6 BY SRI.BABU KARUKAPADATH, CGC
             R7 BY ADV. SRI.K.S.MADHUSOODANAN
             R7 BY ADV. SRI.M.M.VINOD KUMAR
             R7 BY ADV. SRI.P.K.RAKESH KUMAR
             R7 BY ADV. SRI.K.S.MIZVER
             R7 BY ADV. SRI.M.J.KIRANKUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2021, ALONG WITH WP(C).146/2020(P), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).No.146 OF 2020(P)

                                     5


                                JUDGMENT

Dated this the 1st day of February 2021

This order of mine shall dispose of two writ petitions,

W.P.(C) No.146 of 2020, Naziya N. v. State of Kerala and

Others (herein after referred to as 'first petition') and W.P.

(C) No.19024 of 2020, Mehar Ali Minha (Dr.) v. State of

Kerala and Others (herein after referred to as 'second

petition'), whereby identical questions have been raised.

2. The facts are being taken from W.P.(C)No.146 of

2020. In the first petition, the petitioner has laid challenge

to Exts.P12 and P13, whereby her appointment has been

revised and treated with effect from 2017 instead of July

2015, whereas in the second petition the petitioner seeks

directions to the respondents 1 to 4 therein to pay the

salary along with the interest.

3. As per the facts in the first petition, it is averred

that the Corporate Manager, Muslim Education Society

Aided College invited application dated 25.6.2014 for filling

up various posts including seven (7) vacancies in WP(C).No.146 OF 2020(P)

Chemistry. In pursuant to the submission of the application,

interview was held on 2.3.2015. Rank list was published

whereby the petitioner in first petition obtained 7 th rank

whereas the petitioner in the second petition 9 th rank.

Candidates from Rank Nos.1 to 5 were appointed as

Assistant Professor in Chemistry as per the appointment

orders dated 23.1.2016, whereas, the 6th respondent ie., 5th

rank holder joined duty on 13.3.2015 at MES Keveeyam,

Valanchery despite non availability of any work load.

Candidate at Rank No.6 did not accept the offer of

appointment. One Manjula Raman, Associate Professor in

Chemistry, retired on 31.5.2015 from the same college.

Accordingly the petitioner was given appointment on

10.7.2015. The management of the college, 5 th respondent

forwarded the proposal to University of Calicut, Respondent

No.4, for treating his appointment with effect from

10.7.2015.

4. Learned counsel appearing on behalf of the

petitioner Sri.K.S Madhusoodanan submits that 4 th WP(C).No.146 OF 2020(P)

respondent/University informed the management that the

workload in the college was only 135 hours and therefore

only 8 teachers and Principal would be accommodated and

appointment of the petitioner cannot be considered for want

of vacancy, sought issuance of corrected/revised order

enabling University to process the approval of the

appointment of the rank holders 5 to 11, though 8 th and 10th

rank holders refused appointment. Management issued

revised appointment orders of the petitioner and the 6 th

respondent, vide order dated 30.5.2017. As per the order,

6th respondent was ordered to be appointed on retirement

vacancy of Smt.Manjula Raman with effect from 2.6.2015 in

place of the petitioner and the petitioner got revised

appointment order at MES Mampad College with effect

from 10.7.2015 on account of transfer vacancy of Dr. Shaji

to MES Asmabi college on 2.7.2013. Petitioner on 22.6.17

was relieved from MES Keveeyam, Valanchery on transfer to

MES Mampad. On 23.6.2017, the petitioner joined duty at

MES Mampad. University of Calicut, 4 th respondent WP(C).No.146 OF 2020(P)

approved the appointment of 6th respondent, vide order

dated 15.12.17, with effect from 2.6.2015. But the

appointment of the petitioner vide order dated 23.11.18 was

made effective with effect from 23.6.2017, Ext.P12 in first

petition. Despite the fact that the allotment of workload

among the teaching staff for the session 2014-15 in

Chemistry was 141 hours with 10 teachers including

Principal. It was next contended that not only this, the 7 th

respondent/9th rank holder also got an approval of

appointment from University of Calicut with effect from

15.7.2015 as evidenced from Ext.P13 in the same college

where the petitioner was transferred ie., MES Mampad.

The matter was referred to an Adalath held by the

University of Calicut in the presence of 11 persons including

Minister, Vice Chancellor, Pro Vice Chancellor, Registrar

etc., and it was found that her appointment should have

been treated from 10.7.2015 instead of 2017. It is in that

background, Management vide communication dated

19.9.2019, Ext.P16 in the first petition informed the WP(C).No.146 OF 2020(P)

Registrar to approve the appointment with effect from

10.7.2015.

5. The Deputy Registrar informed the Management

that the request of the petitioner would be considered only

after obtaining concurrence for the appointment during the

period from 10.7.2015 to 22.6.2017. It is in that

background the petitioner has approached this Court.

6. The case of discrimination has been meted out to

the petitioner viz-a-viz 7th respondent, who is junior to the

petitioner as per the rank list despite that her appointment

has been treated with effect from 15.7.2015 whereas the

petitioner is granted approval only with effect from

23.6.2017. The 5th respondent committed a folly by

appointing the petitioner in the retirement vacancy of

Sri.Manjula Raman with effect from 10.7.2015, instead of 5 th

respondent as two vacancy had occurred; one on account of

transfer of Dr.K.Shaji and another, retirement of K.K

Bharathan.

WP(C).No.146 OF 2020(P)

7. The petitioner for the last four and half years have

been runningn from pillar to post for getting her due salary.

Similar is the grievance of the petitioner in the second

petition despite appointment with effect from July 2015, no

salary has been paid.

8. On the contrary, 2nd respondent opposed the

aforementioned prayer and came out with a stand that the

working hours were only 117 (one hundred and seventeen)

and remaining workload is only 7 (seven) hours for which no

permanent post is permissible. The minimum workload for

which a permanent post can be sanctioned was 9 hours as

per the order dated 12.3.2012. Even the appointment of 5 th

rank holder namely Smt. Jaseela M.A in MES Keveeyam

College, Valanchery has not been approved either by the

University or Government much less the appointment of the

petitioner in MES Keveeyam College, Valanchery was also

not admissible. The Deputy Director of Collegiate objected

the appointment of the 6th respondent. Vide communication

dated 26.2.2020 Ext.R3(a) informed the University to review WP(C).No.146 OF 2020(P)

the approval of 6th respondent and similarly in the matter of

petitioner also, a communication was sent on 17.3.2020,

Ext.R3(b) highlighting that the appointment in the college

with effect from 10.7.2015 was against the non existing

workload. Even the rank list had also expired with effect

from 1.3.2016 and therefore the revised approval with

effect from 1.6.2017 would not be justified. The

appointment of 7th respondent, who is the 9th rank holder is

also in an irregular procedure against the non existing Rank

List. Allotment of a particular college and posts for the

selected candidates is a responsibility of the Manager

concerned. The Manager has not followed any rules,

regulations and procedure.

9. Learned counsel for the petitioner refuted the

aforementioned contentions by relying upon Ext.P18 in the

first petition that the Syndicate of 4 th respondent on

22.10.2016, clarified that the college had workload of 135

hours for which 8 teachers + Principal can be

accommodated. It was also refuted that the validity of the WP(C).No.146 OF 2020(P)

rank list did not expire in view of Clause 10 (5) of Chapter II

of Calicut University statute 1979 in as much as that fresh

rank list was published only on 24.12.2017 Ext.P19 in the

first petition. Regarding contention that the 6 th respondent

is not drawing salary is wholly incorrect by relying upon

Ext.P20. Even the Deputy Director, 3 rd respondent

directed the Treasury Officer to counter sign bill vide

letter dated 13.3.2019, Ext.P21 nor there is any objection

to the appointment of 6th rank holder. Moreover, the 3rd

respondent has not raised any objection before the 4 th

respondent against the approval of 7 th respondent, who is

junior to the petitioner.

10. Counsel representing the 5th respondent

submitted that on the date of notification, 10 posts were

available in the department of Chemistry at MES Keveeyam

College and only 7 teachers were working in the

department of Chemistry. The 1st rank holder in the select

list was appointed as 8th teacher whereas the 5th rank

holder was the 9th teacher and the petitioner 7th rank holder WP(C).No.146 OF 2020(P)

was appointed as 10th teacher in the retirement vacancy,

which arose in the college on 1.6.2015 and submitted her

joining report on 10.7.2015. But when the proposal for the

approval of appointment as the 10th teacher was submitted

to the University, the grievance of insufficiency was cited in

MES Keveeyam college and simultaneously the sanction for

approving the appointment of 8th teacher/1st rank holder was

granted. In fact from the order dated 4.11.2016 issued

by the University of Calicut, it is discerned that the

admissible workload of the Dept. of Chemistry in MES

Keveeyam college 2015-16 was 135 hours for which 8

teachers + Principal can only be accommodated.

11. I have heard the learned counsel for the parties

and appraised the paper book. The only point which has

been raised vide Ext.P17 in the first petition is that the

appointment of the petitioner against the vacancy on

retirement in MES Mampad college was on an account of

lack of workload. The said contention is not acceptable for

the reason that once a person already working in the other WP(C).No.146 OF 2020(P)

college had retired, it is deeming fiction that it was a

sanctioned post depending upon the workload. Even the

respondent No.2 had not been fair to this Court in

disclosing the number of posts as noticed from the reply of

the 5th respondent that they were only 7 teachers working

in the Keveeyam College against the 10 sanctioned posts.

The appointment of the petitioner on 10.7.2015 was as a

10th teacher and also failed to give the correct picture of

the working hours, which is evident from Ext.P18 in the first

petition reiterated in the reply of the 5 th respondent.

Ext.P11 also reveals that the working hours for the year

2014-15 were 141 hours. The aforementioned document

has not been denied in any of the counter affidavit either of

the 5th respondent, 4th respondent or of the 2nd respondent.

For the sake of brevity, Proforma II of Ext.P11 is extracted

herein below:

WP(C).No.146 OF 2020(P)

PROFORMA II STATEMENT SHOWING THE ALLOTMENT OF WORK LOAD AMONG THE TEACHING STAFF FOR THE YEAR 2014-15

Keveeyam College valanchery Name of Department:Chemistry

Name of teacher Designati Lecture Work Supervision/practical Total on hours BA B. B M B.A B. B. M.Sc Sc com Sc Sc com

Ali.P

2.P.A Raziyabi Asso.Prof 5 6 4 1 16

3.K.M Rukkiya '' 2 6 4 4 16

5. Rajesh C Assi.Prof 4 6 2 4 16

6. Jisha v.s '' 3 3 8 2 16

7.Minshiya P '' 4 6 4 2 16

8. Saifunneesa. T.K '' 2 3 9 2 16

9. Jaseela. M.A '' 6 2 2 10

10. Nasiya.N '' 4 3 4 5 16 Total 38 39 22 141

12. During the pendency of the writ petition certain

documents Exts.P22, P23 and P24 in the first petition have

also been placed on record showing that one Smt.P.A

Raziabi, Associate Professor was relieved on account of

retirement on 30.4.2016. It is strange that the College and

Management had not been also fair to this Court in WP(C).No.146 OF 2020(P)

disclosing about the vacancies and had kept the University

in dark regarding the occurrence of vacancies

commensurate with the workload. Ext.P23 is the statement

showing the allotment of workload among the teaching staff

of MES Keveeyam College, Valanchery for the year 2016-17.

The petitioner at serial No.9 was allocated 16 hours and Sl.

No.10 (sanctioned post) is vacant. The same reads thus:

PROFORMA II STATEMENT SHOWING THE ALLOTMENT OF WORK LOAD AMONG THE TEACHING STAFF FOR THE YEAR 2016-17

MES Keveeyam College valanchery Name of Department:Chemistry

Name of teacher Designati Lecture Hours Practical Hours Total on Hours BA B.Sc B.co M.S B. B.S B.co M.Sc m c A c m

Ali.P

2.K.M Rukkiya Asso.Prof 4 6 4 2 16

3.Preethy Alex '' 3 6 4 3 16

4. Rajesh C '' 4 6 4 2 16

5.Jisha v.s Assi.Prof 4 6 2 4 16

6.Minshiya P '' 3 3 8 2 16

7.Saifunneesa. T.K '' 4 6 4 2 16

8. Jaseela. M.A '' 2 6 9 2 16

9. Nasiya.N '' 4 3 4 5 16

WP(C).No.146 OF 2020(P)

13. It is settled law that when the parties make submit to

the jurisdiction of writ court they are expected to give a true

and fair picture but not distorted. Any such attempt of unfair

nature must be dealt with heavy hand. Otherwise, the order of

this Court would go unattended and unrespected. In such

circumstances, people may resort to take the law in their own

hands. Non compliance of the orders of the court have to be

dealt with firmly and diligently. I refrain from passing any

adverse orders against the officers for unnecessarily issuing a

revised order of appointment for the reason that the

PROFORMA, Ext.P23 renders objection of Respondent No.2

otiose.

As an upshot of my findings, the writ petitions are allowed.

Exts.P12 and 13 in the first petition are quashed. Respondents

are directed to pay the salary of the petitioner by treating her

appointment with effect from July 2015 and also the petitioner in

the second petition. Let this exercise be taken within a period of

one month from the date of receipt of a copy of this judgment.

Sd/-

AMIT RAWAL

sab JUDGE WP(C).No.146 OF 2020(P)

APPENDIX OF WP(C) 146/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE RELEVANT PAGE OF MINUTES OF SELECTION COMMITTEE DATED 2.3.15.

EXHIBIT P2 PHOTOCOPY OF THE RELEVANT EXTRACT OF THE APPOINTMENT ORDER BEARING NO.MES/AC/E.938/2014 DATED 23.1.2016.

EXHIBIT P3 PHOTOCOPY OF THE APPOINTING ORDER ISSUED TO PETITIONER BEARING NO.MES/AC/E.938/2014 DATED 9.7.15.

EXHIBIT P4 PHOTOCOPY OF THE FORWARDING LETTER BEARING NO.G1/2015 FOR APPROVAL OF THE PETITIONER DATED 6.8.15.

EXHIBIT P5 PHOTOCOPY OF THE REVISED APPOINTMENT ORDER DATED 30.5.17 BEARING NO.MES/AC/E 938/14 ISSUED BY 5TH RESPONDENT.

EXHIBIT P6 PHOTOCOPY OF THE REVISED APPOINTMENT ORDER BEARING NO.MES/AC/E.938-A/2014 ISSUED BY 5TH RESPONDENT TO THE 6TH RESPONDENT DATED 1.6.17.

EXHIBIT P7 PHOTOCOPY OF THE APPOINTMENT (REVISED) ORDER BEARING NO.MES/AC/E.938-B/2014 ISSUED BY 5TH RESPONDENT TO THE PETITIONER DATED 1.6.17.

EXHIBIT P8 PHOTOCOPY OF THE RELIEVING ORDER BEARING NO.G1/2017 DATED 22.6.17 OF THE PETITIONER.

EXHIBIT P9 PHOTOCOPY OF THE JOINING LETTER DATED 23.6.2017 BEARING NO.MES/G1/JR/TS/2017.

EXHIBIT P10 PHOTOCOPY OF THE APPROVAL ORDER OF 6TH RESPONDENT BEARING U.O.NO.15518/2017/ADMN DATED 15.12.2017 ISSUED BY 4TH RESPONDENT.

WP(C).No.146 OF 2020(P)

EXHIBIT P11 PHOTOCOPY OF THE STATEMENT OF WORKLOAD FOR THE YEAR 2013-14 AND 2014-15 IN CHEMISTRY DEPARTMENT.

EXHIBIT P12 PHOTOCOPY OF THE APPROVAL ORDER TO PETITIONER BEARING U.O.NO.13739/2018/ADMN DATED 23.11.2018 ISSUED BY 4TH RESPONDENT.

EXHIBIT P13 PHOTOCOPY OF THE APPROVAL ORDER TO 7TH RESPONDENT BEARING U.O.NO.2359/2019/ADMN DATED 14.2.2019 ISSUED BY 4TH RESPONDENT.

EXHIBIT P14 PHOTOCOPY OF THE RELEVANT PAGE OF MINUTES OF ADALATH HELD ON 2.3.2019.

EXHIBIT P15 PHOTOCOPY OF THE LETTER OF 4TH RESPONDENT TO 5TH RESPONDENT BEARING NO.158745/GA-II-A3/2015/ADMN DATED 4.5.2019.

EXHIBIT P16 PHOTOCOPY OF THE LETTER OF 5TH RESPONDENT TO THE 4TH RESPONDENT BEARING NO.MES/AC/E-1509/19 DATED 19.9.2019.

EXHIBIT P17 PHOTOCOPY OF THE LETTER OF 4TH RESPONDENT TO 5TH RESPONDENT BEARING NO.158745/GA-II-A3/2015/ADMN. DATED 25.10.2019.

EXHIBIT P18 PHOTOCOPY OF THE LETTER OF 4TH RESPONDENT TO THE PRINCIPAL, MES KEVEEYAM COLLEGE, VALANCHERY BEARING NO.1440505GA2-A3/2015 ADMIN DTD 4.11.16.

EXHIBIT P19 PHOTOCOPY RANK LIST DATED 2-3-2015 CAME INTO FORCE ON 24-12-2017 PREPARED BY SELECT COMMITTEE OF 5TH RESPONDENT.

EXHIBIT P20 PHTOCOPY OF THE LETTER OF 3RD RESPONDENT DATED 24-11-2018 BEARING NO B6-7290/2018 ADDRESSED TO THE TREASURY OFFICER, MANNARKKAD COUNTER SIGNING THE FIRST SALARY BILL OF JULIYA A.P. FOR THE MONTH OF 6/15 TO BE HONOURED ALONG WITH INNER. WP(C).No.146 OF 2020(P)

EXHIBIT P21 PHTOCOPY OF THE LETTER DATED 13-3-2019 BEARING NO.B6-1088/2019 ADDRESSED TO THE TREASURY OFFICER, MANNARKKAD COUNTER SINGNING THE ARREAR SALARY BILL FOR JULIYA A.P.WITH INTTER.

EXHIBIT P22 PHOTOCOPY OF THE RELIEVING ORDER DATED 30.4.2016 BEARING LETTER NO G1/ESTT/3/2016

EXHIBIT P23 PHOTOCOPY OF THE PROFORMA-11 STATEMENT SHOWING THE ALLOTMENT OF WORK LOAD-2016-

EXHIBIT P24 PHOTOCOPY OF THE REPLY UNDER RIGHT TO INFORMATION ACT BEARING NO 207922/GA-11- A3-2016/ADMN DATED 10.11.2020

RESPONDENT'S/S EXHIBITS:

EXHIBIT R5(A) A TRUE COPY OF THE STATEMENT FOR RE-

ASSESSMENT OF WORK LOAD ON THE BASIS OF THE MEETING ON 18.12.2002 WITH RESPECT TO MES KEVEEYAM COLLEGE, VALANCHERY FOR THE YEAR 2001-2002.

EXHIBIT R5(B) A TRUE COPY OF G.O. (MS) NO.260/2010/ H.EDN. DATED 20.08.2010 ALONG WITH THE RELEVANT PORTION OF THE ANNEXURE.

EXHIBIT R5(C) A TRUE COPY OF G.O.(RT) NO.1860/2012/H.EDN. DATED 07.09.2012 ISSUED BY THE GOVERNMENT CORRECTING THE TYPOGRAPHICAL ERROR OCCURRED IN EXHIBIT R5(B) G.O., PERMITTING MES KEVEEYAM COLLEGE, VALANCHERY TO FILL UP TWO POSTS IN CHEMISTRY AFTER ACCOMMODATING THE TWO EXCESS TEACHERS SHOWN IN EXHIBIT R5(B).

EXHIBIT R5(D) A TRUE COPY OF THE LETTER NO.D3/4732/14 DATED 28.06.2014 OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE ADDRESSED THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM TO TAKE NECESSARY CORRECTIVE ACTION IN PURSUANCE TO EXHIBIT R5(C).

WP(C).No.146 OF 2020(P)

EXHIBIT R5(E) A TRUE COPY OF THE ORDER DATED 04.11.2016 ISSUED BY THE UNIVERSITY OF CALICUT SHOWING THAT THE ADMISSIBLE WORKLOAD OF THE DEPT. OF CHEMISTRY IN MES KEVEEYAM COLLEGE DURING 2015-16 IS 135 HOURS FOR WHICH 8 TEACHERS + PRINCIPAL (WHOSE SUBJECT IS CHEMISTRY) CAN ONLY BE ACCOMMODATE.

EXHIBIT R5(F) A TRUE COPY OF THE LETTER DATED 01.12.2016 OF THE UNIVERSITY OF CALICUT ADDRESSED TO THE 5TH RESPONDENT DIRECTING HIM TO TAKE CORRECTIVE MEASURES IN PURSUANCE TO EXHIBIT R5(E). WP(C).No.146 OF 2020(P)

APPENDIX OF WP(C) 19024/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MINUTES OF MEETING OF SELECTION COMMITTEE OF MES COLLEGES DATED 2.3.2015

EXHIBIT P2 TRUE COPY OF APPOINTMENT ORDER OF PETITIONER DATED 9.5.2015 ISSUED BY CORRESPONDENT AND CHAIRMAN OF MUSLIM EDUCATIONAL SOCIETY

EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 22.7.2015 ISSUED BY THE PRINCIPAL, MES COLLEGE, MAMPAD TO THE CORRESPONDENT AND CHAIRMAN, STANDING COMMITTEE OF MES COLLEGES.

EXHIBIT P4 TRUE COPY OF THE STATEMENT OF WORK LOAD AMONG THE TEACHING STAFF UNDER THE 5TH RESPONDENT COLLEGE FOR THE YEAR 2015

EXHIBIT P5 TRUE COPY OF THE PROPOSAL DATED 13.8.2015 FOR APPROVAL OF APPOINTMENT OF THE PETITIONER FORWARDED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P6 TRUE COPY OF U.O. NO 2359/2019/ADMN DATED 14.2.2019 ISSUED BY THE ASSISTANT REGISTRAR, UNIVERSITY OF CALICUT

EXHIBIT P7 TRUE COPY OF COMMUNICATION DATED 25.3.2019 ISSUED BY THE PRINCIPAL MES COLLEGE, MAMPAD TO 3RD RESPONDENT DEPUTY DIRECTOR

 
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