Kerala High Court
Dr.K.Prabhakaran Nair vs The Principal Secretary To The ... on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
WP(C).No.1401 OF 2021(A)
PETITIONER/S:
DR.K.PRABHAKARAN NAIR
AGED 67 YEARS
S/O.G.KUMARAPILLAI, PRINCIPAL, KSRTC SREE CHITRA
THIRUNAL COLLEGE OF ENGINEERING, PAPPANAMCODE P.O.,
THIRUVANANTHAPURAM 695 018, NOW RESIDING AT FLAT
NO.9B, CORDIAL PRABHA APARTMENTS, MARAPPALAM ROAD,
PATTOM, THIRUVANANTHAPURAM 695 004
BY ADVS.
SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SMT.G.N.DEEPA
RESPONDENT/S:
1 THE PRINCIPAL SECRETARY TO THE GOVERNMENT
DEPARTMENT OF TRANSPORT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE BOARD OF GOVERNORS OF KSRTC SREE CHITRA THIRUNAL
COLLEGE OF ENGINEERING
PAPPANAMCODE C.O., THIRUVANANTHAPURAM 695 018
REP.BY ITS CHAIRMAN
3 NEMOM SASIDHARAN
AGE AND FATHER'S NAME, JANAKEEYA AZHIMATHI VIRUDHA
SAMITHY, NEMOM BRANCH, NEMOM P.O., THIRUVANANTHAPURAM
695 020
4 DR. JAYASUDHA
AGED 47 YEARS
W/O.C.P.JESUTHAN DEAN (ACADEMIC) PROFESSOR, COMPUTER
SCIENCE AND ENGINEERING, KSRTC SREE CHITRA THIRUNAL
COLLEGE OF ENGINEERING, PAPPANKCODE P.O.,
THIRUVANANTHAPURAM 695 018
OTHER PRESENT:
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-
2021, THE COURT ON 10-02-2021 DELIVERED THE FOLLOWING:
WP(C).No.1401 OF 2021(A)
2
JUDGMENT
Dated this the 10th day of February 2021
Order dated 16.1.2021, Ext.P9 is under challenge,
whereby, the petitioner was directed to hand over the charge
of the Principal of Sree Chitra Thirunal College of Engineering,
Thiruvananthapuram. The grievance of the petitioner as
revealed from the pleadings is that the afore-mentioned
College, originally aided, managed and controlled by the Kerala
State Road Transport Corporation (KSRTC) was handed over to
the Society by the name KSRTC Sree Chitra Thirunal College of
Engineering (Thiruvananthapuram) Society, registered under
the Tranvancore-Cochin Leterary, Scientific and Charitable
Societies Act, 1955. The petitioner is a Ph.D holder in
Hydrodynamic bearings from Indian Institute of Technology,
Roorkee and was a Professor in the Department of Mechanical
Engineering, National Institute of Technology, Calicut. He was
awarded with Gold medal for outstanding research work from
American Biographical Institute, USA and also received Kholsla
Research Award for the best technical paper published in the
year 1990. Served as the officiating Director of NITC and
WP(C).No.1401 OF 2021(A)
guided seventeen (17) students for their Ph.D, has 83
publications in his credit, member of (1) Fellow of Institution of
Engineers (2) Computer Society of India and Life membership
in Indian Society for Technical Education.
2. On 2.2.2018, the Principal in charge of the
aforementioned college issued a notification by inviting retired
principals/professors for appointment to the post of Principal
on 'Contract Basis' with consolidated monthly salary of
Rs.75,000/- fixing the qualification and age as per AICTE
norms. In pursuance to the aforementioned notification an
application was submitted vide Ext.P4. Vide communication
dated 22.5.2018, Ext.P5 interview for the aforementioned post
was intimated to be held on 25.5.2018. Vide order dated
4.6.2018, Ext.P6 appointment order on 'Contract Basis' was
issued in favour of the petitioner.
3. Sri. T.S.Harikumar, learned Counsel appearing on behalf
of the petitioner submitted that as per the AICTE norms, the
normal retirement age of the Principal is 65 years, which can
be extended up to 70 years. Board of Governors of the society,
in the year 2017, who administer the College formulated their
own service rules by regulating the service conditions of
WP(C).No.1401 OF 2021(A)
teaching, technical and non-teaching staff. The method of
appointment of the Principal of the College was by way of open
selection by 'Contract Basis' from retired hands/deputation
basis for Three Years(3) as reflected from the service rules
dated 24.3.2017, therefore, the appointment of the petitioner
even if not reflected in Ext.P6 appointment order, was for a
period of three years.
4. To the utter surprise, an order dated 16.1.2021 was
served on the petitioner whereby he was relieved from the post
of Principal of the College.
5. The aforementioned order is in violation of AICTE
norms, service rules of the college much less against the
principles of natural justice. The reasoning stated in the
impugned order that the rules are not statutory is absolutely
absurd and incorrect. The appointment order did not contain
any condition entering into an agreement of contract. As per
the impugned order Ext.P9, the petitioner was directed to hand
over charge of the Principal to Dr.Jayasudha J.S.Professor,
Computer Science and Engineering Department, Dean
(Academic) of the College. This Court vide order dated
19.1.2021, while admitting the matter, ordered for stay of the
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termination. The petitioner came to know that the
aforementioned action was initiated on the basis of complaint
Ext.P7, and had submitted Ext.P8 explanation before issuance
of Ext.P9 impugned order without affording an opportunity of
hearing.
6. Per Contra, Sri.Harishkumar, learned Special
Government Pleader supported the impugned order on the
premise that the appointment of the earlier incumbent Sri.Anil
Kumar S.H. was made on account of initiation of Department
enquiry against Dr.Jayasudha J.S. and the appointment to the
post of Principal was only till a regular hand was posted. The
appointment is only contractual and cannot exceed for a period
of one year. Ext.P1 has no force nor application, in fact Ext.P6
order reflecting the appointment refers to an order dated
12.4.2017, whereby in similar circumstances, Sri.Anil Kumar
was appointed as Professor till the posting of regular hand. The
aforementioned order has been handed over during the course
of hearing. Order Ext.P6 reveals that Sri.Anil Kumar, Professor,
Department of Mechanical Engineering was given full
additional charge of Principal till a regular hand was posted.
The petitioner was appointed as Principal on 'Contract Basis'
WP(C).No.1401 OF 2021(A)
with the approval of the Board of Governors. The Board of
Governors has not given approval as evident from the contents
of the impugned order. No effort was made expressing any
intention to enter into any contract, though petitioner
rendering one year of service attaining the age of 68 years and
the issue with regard to continuation after 68 years was never
brought before the Board of Governors. The contract
appointment can be extended one year each up to three years
as per the Special Rules in view of the fact that the person is
otherwise eligible to continue in the post.
7. I have heard learned Counsel for the parties and
appraised the paper books.
8. Order dated 12.4.2017, reflected in Ext.P6
appointing the petitioner as Principal reads thus:
"As per the Government Order read above,
Dr.Jayasudha J.S. Was put in full additional charge of the
post of Principal, Sree Chitra Thirunal College of
Engineering, Pappaamcode, Thiruvananthapuram, while
she was serving as Professor, (Non-cadre), Department of
Computer Science & Engineering in the College. Now as
per the letter read above the Vigilance Department has
suggested for Departmental inquiry against Dr.Jayasudha
J.S.
2. In the circumstances Government hereby
relieve Dr.Jayasudha J.S., Professor (Cadre) from the full
WP(C).No.1401 OF 2021(A)
additional charge of the post of Principal, Sree Chitra
Thirunal College of Engineering Pappanamcode and put
Dr.Anilkkumar S.H., Professor (non cadre), Pappanamcode
and put Dr.Anilkumar S.H., Professor (Non cadre)
Mechanical Engineering Department, in full additional
charge of Principal, Sree Chitra Thirunal College of
Engineering, till a regular hand is posted."
9. Similarly notification Ext.P3, dated 24.2017 inviting
application for appointment reveals that the appointment was
on 'Contract Basis' on a monthly salary of Rs.75,000/-, which
reads thus:
NOTIFICATION
Applications are invited for the appointment to the
post of Principal on contract basis from retired
Principals/Professors from Government Engineering
colleges for contract appointment with consolidated
monthly salary of Rs.75,000/- (likely to be revised)
Qualification and Age: As per AICTE norms
Applications may be forwarded to the undersigned
along with resume and copies of certificates on or before
21.2.2018, 4.00 pm.
10. On a cumulative reading of Ext.P3 and Ext.P6, it is
evident that no such tenure was provided for appointment of
Principal. Service on contractual basis cannot be equated with
regular appointment whereby the selections/appointments are
made by inviting applications on the request of concerned
WP(C).No.1401 OF 2021(A)
colleges/institutions or Universities. Notifications envisaged
appointment on 'Contract Basis' after retirement on a
consolidated salary. The colleges cannot remain without
Principal for an infinite period, till the regular incumbent is
appointed. It is also settled law that the service of the contract
employees cannot be terminated or replaced by another
employee except by a regular employee. The impugned order
indicates the handing over of the charge to Dr.Jayasudha, who
was a person facing vigilance enquiry. There cannot be lien on
such posts. Having had full knowledge of the appointment, the
petitioner cannot complain of violation of natural justice as the
situation was in knowledge and well reflected in Ext.P8 reply
submitted to the 1st respondent. No interference is warranted
under Article 226 of the Constitution of India. The writ petition
is dismissed.
Sd/
AMIT RAWAL
JUDGE
Jm/
WP(C).No.1401 OF 2021(A)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE SERVICE RULES
OF SREE CHITRA THIRUNAL COLLEGE OF
ENGINEERING NO.302/A2/2011/SCTCE, TVM,
DATED 24TH MARCH, 2017.
EXHIBIT P2 THE LATEST NOTIFICATION ISSUED BY AICTE ON
1.3.2019
EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE
NOTIFICATION ISSUED ON 2.2.2018
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER ALONG WITH HIS
BIO-DATA
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE INVITATION FOR
INTERVIEW ISSUED ON 22.5.2018
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE ORDER OF
APPOINTMENT ISSUED BY THE 1ST RESPONDENT
DATED 4.6.2018
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE COMPLAINT OF
THE 3RD RESPONDENT DATED 24.11.2020
EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE EXPLANATION
SUBMITTED BY THE PETITIONER TO THE
RESPONDENT DATED 4.1.2021
EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE ORDER OF THE
1ST RESPONDENT DATED 12.1.2021
