Noushad V.E. vs Chief Secretary To Government
2021 Latest Caselaw 4622 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.895 OF 2021(J)


PETITIONERS:

      1        NOUSHAD V.E., AGED 27 YEARS
               VARANAMCHERY, AROOKUTTY P.O.,
               ALAPPUZHA, ALAPPUZHA-688535.

      2        ABY C.GEEVARGHESE,
               KALLARACKAL HOUSE, MEENADOM P.O.,
               KOTTAYAM, PIN-686516.

      3        REBA MARY RAJU,
               MANAGAMPURAYIL H.NO.84, SHANTHIPURAM RESIDENCE,
               THRIKKAKKARA, KOCHI-682021.

      4        MUHAMMED.K.M.,
               S/O.MAJEED.K.C., KOTTILANCHERIL HOUSE,
               PANANGAD P.O., KOCHI-682506.

      5        RAKHI,
               D-23, HEMANTHAM, SREERANGAM LANE,
               SASTHAMANGALAM P.O., THIRUVANANTHAPURAM-695010.

      6        SUBHASH K.K.,
               CHENAN HOUSE, KODAKKAD P.O., KASARAGOD-671310.

      7        SUSAN P.JACOB,
               KANIYAMKANDATHIL HOUSE, EDAYARANMULA P.O.,
               KOZHENCHERY, PATHANAMTHITTA, PIN-689532.

      8        AKASH.R,
               ADUKKUVELIL HOUSE, PUTHUPPALLY, KOTTAYAM-686011.

      9        ANJU.K.,
               NELLIMATTATHIL HOUSE, ASAMANNOOR P.O.,
               ERNAKULAM-683549.

               BY ADVS.
               SRI.M.A.FAYAZ
               SMT.M.VISHNUPRIYA
               SMT.C.B.ABHINAVA
 WP(C).No.895 OF 2021(J)

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RESPONDENTS:

      1        CHIEF SECRETARY TO GOVERNMENT
               GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        SECRETARY TO THE GOVERNMENT,
               FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      3        PRINCIPAL SECRETARY TO THE GOVERNMENT,
               FISHERIES AND PORT DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695033.

      4        KERALA PUBLIC SERVICE COMMISSION,
               REPRESENTED BY SECRETARY, PATTOM P.O.,
               THIRUVANANTHAPURAM-695004.

      5        KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES,
               REP. BY ITS REGISTRAR, PANANGAD P.O., KOCHI-682506.

      6        ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT,
               LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.


OTHER PRESENT:

               SRI.P.C.SASIDHARAN,SC, PSC
               SRI.T.K.VIPINDAS, SC
               SMT.DIVYA.C.BALAN, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.895 OF 2021(J)

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                           J U D G M E N T

The complaint of the petitioners is that the

respondents are not taking effective action even on

receipt of the report Ext.P17 from Kerala University

of Fisheries and Ocean Studies after Government passed

Ext.P16 order.

2. Petitioners are M Tech holders in

Integrated Coastal Zone Management from Kerala

University of Fisheries and Ocean Studies. The said

Post Graduate Degree is not included as a

qualification for any of the posts in the Government

service. Therefore they had approached this Court when

none of the authorities were taking any action to that

end. On the basis of Ext.P15 judgment dated

17.06.2020 in W.P.(C).No.11207 of 2020, Government

issued Ext.P16 order on 28.10.2020 and called for a

report from the University as to the posts for which

the qualification would be admissible. The University WP(C).No.895 OF 2021(J)

thereafter sent Ext.P17 letter on 21.12.2020

recommending and requesting for amendment of Special

Rules in recognition of these courses and mentioning

the Departments in which the posts would be available,

for which the qualification can be included. The

petitioners have filed this writ petition complaining

that effective follow up action is not taken even

after the Ext.P17 recommendation was made and the

petitioners are losing their opportunities for

employment under Government despite the acquisition of

higher qualification.

3. Learned Government Pleader on instructions

submits that the special rules for the posts which are

found suitable for those who are having M Tech Degree

in Integrated Coastal Zone Management, would require

amendment and the same would take much time.

4. However it is seen the respondents have not

taken any further action after receipt of Ext.P17

report from the University. Though it is true that the WP(C).No.895 OF 2021(J)

process of amendment of special rules is a time

consuming process, as it requires discussions,

correspondence, concurrence, etc., between various

Departments, organizations and consultation and

approval from the Kerala Public Service Commission,

the respondents should to take up the matter and

expedite the proceedings for amendments at the

earliest. Once the respondents have found that

amendment to special rules is required and that the

qualification acquired by persons like petitioners

require to be included in the rules among other

qualifications, the respondents have to process the

matter expeditiously.

Therefore there shall be a direction to the 3 rd

respondent to take appropriate follow up action

pursuant to Ext.P16 order and Ext.P17 recommendation

for incorporating the aforesaid qualification in

accordance with the procedure prescribed as

expeditiously as possible, within a period of 'six WP(C).No.895 OF 2021(J)

months' from the date of receipt of a copy of the

judgment.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.895 OF 2021(J)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE DEGREE CERTIFICATE DATED 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 1ST PETITIONER.

EXHIBIT P2 PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 2ND PETITIONER.

EXHIBIT P3 PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 3RD PETITIONER.

EXHIBIT P4 PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 4TH PETITIONER.

EXHIBIT P5 PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 5TH PETITIONER.

EXHIBIT P6 PHOTOCOPY OF THE DEGREE CERTIFICATE 26.02.2016 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 6TH PETITIONER.

EXHIBIT P7 PHOTOCOPY OF THE DEGREE CERTIFICATE 26.02.2016 ISSUED BY THE KERALA WP(C).No.895 OF 2021(J)

UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 7TH PETITIONER.

EXHIBIT P8 PHOTOCOPY OF THE DEGREE CERTIFICATE 26.02.2016 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 8TH PETITIONER.

EXHIBIT P9 PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 9TH PETITIONER.

EXHIBIT P10 PHOTOCOPY OF G.O(MS)NO.253/2007/LSGD DATED 13.11.2007.

EXHIBIT P11 PHOTOCOPY OF THE RELEVANT EXTRACT OF THE REPLY GIVEN BY MINISTER FOR PANCHAYAT AND SOCIAL JUSTICE DEPARTMENT IN THE LEGISLATIVE ASSEMBLY DATED 07.07.2014.

EXHIBIT P12 PHOTOCOPY OF THE REPLY RECEIVED FROM THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY DATED 24.10.2018.

EXHIBIT P13 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER'S BEFORE THE GOVERNMENT DATED 12.02.2020.

EXHIBIT P14 PHOTOCOPY OF THE LETTER ISSUED BY THE REGISTRAR, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES DATED 13.03.2020.

EXHIBIT P15 PHOTOCOPY OF THE JUDGMENT IN W.P(C)NO.11207/2020 DATED 17.06.2020.

EXHIBIT P16 PHOTOCOPY OF G.O.(RT)NO.629/2020/F&P DATED 28.10.2020.

EXHIBIT P17 PHOTOCOPY OF LETTER NO.ACAD3/10864/2017 DATED 21.12.2020. WP(C).No.895 OF 2021(J)

EXHIBIT P18 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 12.02.2020.

EXHIBIT P19 PHOTOCOPY OF THE DISPATCH REGISTRAR OF THE 5TH RESPONDENT EVIDENCING FORWARDING OF EXT.P17.