Soumya Jalal vs State Of Kerala
2021 Latest Caselaw 6419 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

 TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                   WP(C).No.4576 OF 2021(V)

PETITIONER :-

            SOUMYA JALAL, AGED 33 YEARS
            W/O.ABDUL KALAM AZAD, ASSISTANT PROFESSOR,
            ZOOLOGY, M.S.M.COLLEGE, KAYAMKULAM - 690 502,
            KIZHAVARATHU VEEDU, NETTIYADU,
            EDAPPALLAYKKOTTA P.O, CHAVARA, KOLLAM - 691 583.

            BY ADVS.
            SRI.S.MUHAMMED HANEEFF
            SRI.M.H.ASIF ALI

RESPONDENTS :-

      1     STATE OF KERALA
            REPRESENTED BY ITS PRINCIPAL SECRETARY TO
            GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

      2     DIRECTOR OF COLLEGIATE EDUCATION
            6TH FLOOR, VIKAS BHAVAN,
            THIRUVANANTHAPURAM - 695 033,

      3     REGIONAL DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
            KOLLAM, ST.THOMAS SHOPPING COMPLEX,
            CROSS JUNCTION, KADAPPAKADA, KOLLAM - 691 001

      4     UNIVERSITY OF KERALA
            REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS,
            KARIYAVATTOM, THIRUVANANTHAPURAM - 695 034.

      5     THE MANAGER/SECRETARY
            MILAD-E-SHERIEF MEMORIAL TRUST (MSM TRUST),
            KAYAMKULAM, KOLLAM - 690 502.

            BY SRI.T.RAJASEKHARAN NAIR, SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.4576 OF 2021(V)

                                   -: 2 :-


                               JUDGMENT

Dated this the 23rd day of February, 2021

This writ petition is filed seeking the following reliefs :-

"i) Call for the records leading to Ext P10 communication and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to sanction 9th post in Zoology in M.S.M College, managed by the 5 th respondent in terms of Exts P1 & P2 orders.

iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 5th respondent Manager to submit the proposal of approval of the appointment of the Petitioner before the 4th respondent University and further direct the University to approve the appointment of the Petitioner in terms of the post sanctioned by it."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that though the claim of the petitioner for appointment as Assistant

Professor in Zoology in the 5th respondent's college was directed to be

considered by Ext.P7 judgment of this Court, Ext.P10 communication

has now been issued by an Under Secretary to Government to the

Director of Collegiate Education, without considering the contentions

of the petitioner and Exts.P5 and P6 Government Orders. It is WP(C).No.4576 OF 2021(V)

submitted by the learned counsel for the petitioner that the rejection

of the petitioner's claim without hearing her and without considering

any of the relevant aspects of the matter as has been directed in

Ext.P7 judgment is clearly an affront to the orders and authority of

this Court and is completely unsustainable.

4. The learned Government Pleader submits that there was no

direction in Ext.P7 to hear the petitioner.

5. In any view of the matter, having considered Ext.P10, I find

that it is only in the nature of a letter written by an Under Secretary

for and on behalf of the Principal Secretary to the Higher Education

Department to the Director of Collegiate Education and it cannot, by

any stretch of imagination, do duty for an executive order issued by

the Government in terms of Article 166(2) of the Constitution of India.

Since there is a direction from this Court to consider the claim of the

petitioner for appointment on the basis of the Government Order

dated 11.9.2020, the issuance of a letter in the nature of Ext.P10 was

completely unwarranted.

In the above view of the matter, Ext.P10 letter which

cannot be considered as a Government Order passed considering the

contentions of the petitioner as directed in Ext.P7 is set aside. There

will be a direction to the Government to consider the contentions of

the petitioner and pass a speaking order as has been directed in WP(C).No.4576 OF 2021(V)

Ext.P7. The petitioner and the Manager shall also be put on notice

and heard before orders are passed as directed above. Orders shall

be passed within a period of two months from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/24.2.2021 WP(C).No.4576 OF 2021(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE UNIVERSITY ORDER BEARING NO.

AC.F1/2/2017 DATED 15.11.2017 ASSESSING THE WORKLOAD AS PER THE KERALA UNIVERSITY ORDINANCE ON WORKLOAD.

EXHIBIT P2 A TRUE COPY OF THE UNIVERSITY ORDER BEARING NO.F1/1/35855/2018 DATED 28.10.2019.

EXHIBIT P3 A TRUE COPY OF THE RANK LIST PUBLISHED BY THE STATUTORY SELECTION COMMITTEE DATED 15.02.2020.

EXHIBIT P4 A TRUE COPY OF THE ORDER BARING GO(MS) NO.93/2018/HEDNDT 09.05.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF GO(MS) NO.155/2020/HEDMDT 01.04.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE ORDER BEARING GO(MS) NO.313/2020 HEDN DATED 11.09.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 15.10.2020 IN WP(C) NO. 13479/2020 ON THE FILE OF THIS HON'BLE COURT.

EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED 04.11.2020 ISSUED BY THE 5TH RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE APPOINTMENT ORDER DATED 01.12.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION DATED 06.01.2021 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.

//TRUE COPY//

P.A. TO JUDGE