Kerala High Court
S.Haripriya vs State Of Kerala on 2 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WP(C).No.2922 OF 2017(M)
PETITIONER:
S.HARIPRIYA, UPPER DIVISION CLERK,
STATE INSTITUTE OF LANGUAGES(KERALA),NALANDA,
THIRUVANANTHAPURAM, PIN-695 003.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SRI.K.A.BALAN
SRI.S.DEEPAK
SRI.PETER JOSE CHRISTO
SMT.K.N.REMYA
SMT.N.SANTHA
SRI.V.VARGHESE
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT,CULTURAL AFFAIRS DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM, PIN-695 001.
2 STATE INSTITUTE OF LANGUAGES (KERALA)
REPRESENTED BY ITS DIRECTOR,NALANDA,
THIRUVANANTHAPURAM,PIN-695 003.
3 DIRECTOR, STATE INSTITUTE OF LANGUAGES (KERALA),
NALANDA, THIRUVANANTHAPURAM,PIN-695 003.
SRI.P.C.SASIDHARAN, SC.
SMT. REKHA C NAIR - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2922 OF 2017(M)
2
JUDGMENT
Dated this the 2nd day of February 2021
The petitioner, who is working as an Upper Division
Clerk in the services of the State Institute of Languages
(Kerala), Thiruvananthapuram (for short, 'the Institute') has
approached this Court seeking that the resolution adopted by
it in Ext.P5 - namely, that a vacancy available in the cadre of
Editorial Assistant be filled up by one of the permanent staff
in the Institute having requisite qualification, be directed to
be implemented, especially since this has been taken at the
highest level by its Governing Body, of which the Chief
Minister of Kerala is the Chairman.
2. The petitioner says that even though the Institute had
taken this decision, no follow up action had been taken by it
even though Exts.P10 and P11 had been forwarded to the
Government. The petitioner, therefore, prays that the second
respondent be directed to immediately appoint her, subject to
verification of qualification, asserting that she is fully entitled
to be so considered.
3. In response, Sri.P.C.Sasidharan, the learned standing
counsel for the second respondent - Institute, submitted that
WP(C).No.2922 OF 2017(M)
a counter affidavit has been placed on record, wherein, it has
been clearly shown that the petitioner, being an Upper
Division Clerk, is not in the feeder category for being
considered for promotion to the post of Editorial Assistant.
He submitted that, therefore, she cannot claim any right to
seek that she be considered for appointment to the said post,
particularly when the Special Rules applicable to the Institute
make it very clear that there can be no violation of the Feeder
Category Rules. He, therefore, prays that this writ petition be
dismissed.
4. When I consider the afore submissions, it is without
doubt that the specific case of the petitioner is that Ext.P5 has
been issued by the second respondent - Institute invoking its
powers under Rule 2(19) of the General and Subordinate
Service Rules 1984 which is applicable to it. As per this Rule,
subject to the approval by Government, the Governing Body is
empowered to modify the Rules as may be required from time
to time and to interpret them in the case of doubt. The
petitioner asserts that, through Ext.P5, what has been done
by the Institute is to invoke Rule 2(19) and to allow the
appointment of qualified permanent staff to the post of
Editorial Assistant, in modification of the stipulations relating
WP(C).No.2922 OF 2017(M)
to the feeder category.
5. However, what is pertinent in this case is that, even if
I am to assume that Ext.P5 has been issued by the Institute
invoking the provisions of Rule 2(19) of the General and
Subordinate Service Rules, it requires approval by the
Government and in the absence of such, I do not think that
the petitioner could be justified in seeking that she be
directed to be appointed immediately.
6. I am, therefore, of the firm view that the petitioner
must invoke her alternative remedies by approaching the
Government or the Institute appropriately, to ensure that
Ext.P5 obtains the concurrence of the former in terms of law
and within the mandate of Rule 2(19) of the aforementioned
Rules.
Reserving the afore liberty, I close this writ petition
without any further orders; however, permitting the petitioner
to approach this Court again, if it becomes so warranted in
future.
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
WP(C).No.2922 OF 2017(M)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE G.O.(MS)N0.9/2000/CAD
DATED 07.03.2000.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.E1/721/99/SIL
DATED 15.01.2003 OF THE DIRECTOR OF THE
INSTITUTE.
EXHIBIT P3 TRUE COPY OF THE NO.E1/921/2012/SIL DATED
31.05.2012 OF THE DIRECTOR OF THE
INSTITUTE.
EXHIBIT P4 TRUE COPY OF THE BIO DATA OF THE
PETITIONER.
EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE
MINUTES OF THE MEETING OF THE GOVERNING
BODY OF THE INSTITUTE HELD ON 15.12.2014.
EXHIBIT P6 TRUE COPY OF THE NOTICE
NO.E1/237/2015/SIL DATED 20.04.2015 OF
THE DIRECTOR OF THE INSTITUTE.
EXHIBIT P7 TRUE COPY OF THE UO NOTE
NO.E1/237/2015/SIL DATED 15.07.2015 OF
THE DIRECTOR OF THE INSTITUTE.
EXHIBIT P8 TRUE COPY OF THE ORDER
NO.E1/2673/2013/SIL(1) DATED 30.06.2015
OF THE DIRECTOR OF THE INSTITUTE.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
06.08.2015 SUBMITTED BY THE PETITIONER
BEFORE THE GOVERNMENT.
EXHIBIT P10 TRUE COPY OF THE GOVERNMENT LETTER
NO.6745/C1/15/CAD DATED 30.09.2015
ADDRESSED TO THE DIRECTOR OF THE
INSTITUTE.
EXHIBIT P11 TRUE COPY OF THE GOVERNMENT LETTER
NO.6745/C1/15/CAD DATED 15.12.2015.
EXHIBIT P12 TRUE COPY OF THE ORDER NO.E1/58/2013/SIL
DATED 29.02.2016 OF THE DIRECTOR OF THE
WP(C).No.2922 OF 2017(M)
INSTITUTE.
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED
08.09.2016 SUBMITTED BY THE PETITIONER TO
THE DIRECTOR OF THE INSTITUTE.
EXHIBIT P14 TRUE COPY OF THE LETTER
NO.E4/CERT/VERIFICATION/2017/754 DATED
25/3/2017 OF THE CONTROLLER OF
EXAMINATIONS, UNIVERSITY OF MADRAS.
EXHIBIT P15 TRUE COPY OF THE LETTER
NO.SE/VD/0380/2017 DATED 18/2/2017 OF THE
DEPUTY REGISTRAR, SIKKIM MANIPAL
UNIVERSITY
EXHIBIT P16 TRUE COPY OF THE LETTER NO.IG/SED/DEGREE
CELL/VERIF./17/15206 DATED 11/5/2017 OF
THE AUTHORISED SIGNATORY OF INDIRA GANDHI
NATIONAL OPEN UNIVERSITY
EXHIBIT P17 TRUE COPY OF THE LETTER NO.CE/CONV/GEN/SL
11527/61 DATED 3/4/2017 OF THE CONTROLLER
OF EXAMINATIONS OF BHARATIDASAN
UNIVERSITY, TAMIL NADU
EXHIBIT P18 TRUE COPY OF THE GENUINENESS CERTIFICATE
NO.6316 DATED 15/3/2017 OF ALAGAPPA
UNIVERSITY, TAMIL NADU.
