Kerala High Court
Dr.T.D.Sobha vs State Of Kerala on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
TUESDAY, THE 6 DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 16654 OF 2019
PETITIONER/S:
DR.T.D.SOBHA
PRINCIPAL, SREE VIVEKANANDA COLLEGE,
KIZHOOR P.O, KUNNAMKULAM, THRISSUR,
PIN-680523.
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
N.SANTHA
V.VARGHESE
PETER JOSE CHRISTO
S.A.ANAND
K.N.REMYA
L.ANNAPOORNA
VISHNU V.K.
ABHIRAMI K. UDAY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION
DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 UNIVERSITY OF CALICUT,
REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O, THENHIPALAM,
MALAPPURAM DISTRICT, PIN-673636.
3 REGISTRAR
UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O, THENHIPALAM, MALAPPURAM DISTRICT, PIN-673636.
4 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
THRISSUR, PIN-680020.
5 SECRETARY,
COCHIN DEVASWOM BOARD AND MANAGER SREE KERALA VARMA COLLEGE, THRISSUR
AND VIVEKANANDA COLLEGE, KUNNAMKULAM, PIN-680503.
6 DR. JAYADEVAN A.P,
AGED 47 YEARS
WP(C) NO. 16654 OF 2019
2
PRINCIPAL, SREE KERALA VARMA COLLEGE, THRISSUR, PIN-680011.
7 ADDL R7, DR.R.BINDU,
VICE PRINCIPAL, SREE KERALA VARMA COLLEGE, THRISSUR.
PIN-680011 IS IMPLEADED AS PER ORDER DATED 08-01-2021 IN IA NO.1/2020
IN WP(C).16654/2019.
BY ADVS.
SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
SRI.T.B.HOOD
SRI.DEEPU LAL MOHAN
SMT.M.ISHA
SRI.AMAL KASHA
OTHER PRESENT:
GP SRI B HARISH KUMAR , SRI P C SASIDHARAN SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16654 OF 2019
3
JUDGMENT
The question which arises for consideration is that the
petitioner's appointment has not been approved on the ground
of having not completed the conditions of the order dated
1.11.2013, where a person should have must handled five
hours of work load of his/her subject per week in the college.
If his/her subject is not there in the college, he/she has to
guide research scholars for an equivalent duration and for
which he/she must be a research guide in a recognized
university and have research scholars pursuing research under
him/her.
2. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner was appointed as
Principal in Sree Vivekananda College against the vacancy
caused by the transfer of one Dr.V.S Eswari, Principal of the
College as Principal of Sree Kerala Varma College, Thrissur.
Smt. V.S Eswari was due to retire from service on
superannuation on 31.5.2019. It is on that account, the
WP(C) NO. 16654 OF 2019
petitioner submitted a representation dated 14.5.2019, Ext.P4
for transfer to Sree Kerala Varma College. Without
considering Ext.P4, the 6th respondent was promoted and
appointed. Vide Exts.P6 and P7 her approval was rejected on
the ground of not fulfilling the condition of five(5) hours of
work load. On the other hand, as an interim measure
petitioner was assigned the job of Drawing and Disbursing
Officer at the College, as evident from Ext.P7. Another
representation dated 4.6.2019, Ext.P10 was submitted to the
5th respondent, Secretary Cochin Devaswom Board for transfer
but again no orders have so far, been passed.
3. During the pendency of the writ petition, certain
supervening facts arose in as much as that the respondent
No.6 was given the post of Principal of Physics but he had
relinquished the charge; thereafter the respondent No.7
(impleaded, subsequently) was given additional charge as Vice
Principal. But as per the submission of the learned counsel for
the 7th respondent, on 11.3.2021 7th respondent had sought a
voluntary retirement. Thus, the aforementioned post is lying
WP(C) NO. 16654 OF 2019
vacant in the Kerala Varma College where the subject of
Chemistry is being taught and petitioner could have
undertaken the job of a guide or taken the students for
research under her.
4. On the other hand, learned counsel for the 5 th
respondent submitted that no doubt the representation was.
submitted but the petitioner is not the senior most as it was
respondent No.6 but did not deny the occurrence of a
subsequent events, regarding the relinquishment of
respondent No.6 as well as, volunatry retirement of respondent
No.7.
5. I have heard the learned counsel for the parties and
appraised the paper book. I am of the view that the grievance
of the petitioner should have been redressed as almost four(4)
months are going to expire since the post of Principal in Kerala
Varma College is laying vacant and additional charge of
Principal having a stream of physical education has been
made. It is a very arduous situation for a person discharging
noble profession of teaching that despite having been
WP(C) NO. 16654 OF 2019
appointed, approval is not granted for want of certain
conditions which were inevitable as noticed above. The
mitigating circumstances which the petitioner is suffering from
ought to have been addressed by respondent No.5 at the
earliest. Accordingly, the writ petition is disposed of by
directing the respondent No.5 dehore of the decisions Ext.P6
and P7, to take a call on the request of the petitioner contained
in Ext.P4 and P10 after affording an opportunity of hearing, in
accordance with law considering the fact that the post of
Principal in Kerala Varma College, Thrissur is laying vacant
and the petitioner can obtain the eligibility of 5 hours of work
load in her stream. Let this exercise be undertaken within a
period of 45 (forty five) days from the date of receipt of a
certified copy of the judgment.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 16654 OF 2019
APPENDIX OF WP(C) 16654/2019
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF
SENIORITY LIST OF TEACHING STAFF OF SREE
KERALA VARMA COLLEGE THRISSUR AND SREE
VIVEKANANDA COLLEGE, KUNNAMKULAM AS ON
01/06/2018.
EXHIBIT P2 TRUE COPY OF THE SERVICE PARTICULARS OF
THE PETITIONER AND THE 6TH RESPONDENT AS
PREPARED BY THE PETITIONER, WITH
REFERENCE TO THE RELEVANT RECORDS.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.H1825/14 DATED
27/04/2019 OF THE 5TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
14/05/2019 SUBMITTED BY THE APPLICANT
BEFORE THE 5TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF ORDER NO.H1825/17
DATED31/05/2019 OF THE 5TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF LETTER NO.97816/GA-II-
H1/2019/ADMN. DATED 10/06/2019 OF THE
3RD RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER NO.B16-658/19
DATED 14/06/2019 OF THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE GO(MS)
NO.677/2013/H.EDN. DATED 01/11/2013.
EXHIBIT P9 TRUE COPY OF THE GO(MS)
NO.93/2018/H.EDN. DATED 09/05/2018.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED
04/06/2019 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT.
WP(C) NO. 16654 OF 2019
EXHIBIT P11 TRUE COPY OF THE UNIVERSITY ORDER
NO.6003/2018/ADMN. DATED 18/05/2018.
EXHIBIT P12 TRUE COPY OF THE U.O.NO.7942/2019/ADMN
DATED 18-06-2019 OF THE UNIVERSITY OF
CALICUT.
EXHIBIT P13 TRUE COPY OF THE LETTER
NO.97816/GA:II/H1/2019/ADMN DATED 19-06-
2019 ADDRESSED TO THE SECRETARY, COCHIN
DEVASWOM BOARD AND MANAGER, SREE
VIVEKANANDA VILLAGE, KUNNAMKULAM, THE
REGISTRAR, UNIVERSITY OF CALICUT.
EXHIBIT P14 TRUE COPY OF THE LETTER NO.B6-3442 DATED
08-07-2019 OF THE PRINCIPAL IN CHARGE OF
THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION, THRISSUR ADDRESSED TO THE
MANAGER, SREE VIVEKANANDA COLLEGE,
KUNNAMKULAM.
EXHIBIT P15 TRUE COPY OF THE LETTER NO.B6-656/19
DATED 20-06-2019 OF THE PRINCIPAL IN
CHARGE OF THE DEPUTY DIRECTOR OF
COLLEGIATE EDUCATION, THRISSUR ADDRESSED
TO THE MANAGER, SREE VIVEKANANDA
COLLEGE, KUNNAMKULAM.
EXHIBIT P16 TRUE COPY OF THE LETTER NO.C2.167/19
DATED 08-07-2019 TO THE SECRETARY,
COCHIN DEVASWOM BOARD WITHOUT ITS
ENCLOSURES.
EXHIBIT P17 TRUE COPY OF THE ANSWER GIVEN TO UN-
STARRED QUESTION NO.1696 IN THE KERALA
LEGISLATIVE ASSEMBLY ON 12-06-2019.
EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED
08-07-2019 SUBMITTED THIRTEEN TEACHERS
OF SREE VIVEKANANDA COLLEGE, KUNNAMKULAM
BEFORE THE SECRETARY, COCHIN DEVASWOM
BOARD.
WP(C) NO. 16654 OF 2019
EXHIBIT P19 TRUE COPY OF THE APPLICATION DATED
01/06/2019 SUBMITTED UNDER RIGHT TO
INFORMATION ACT, 2005 BY
SRI.SATHEESAN.P.B., ALONG WITH ITS
ENGLISH TRANSLATION.
EXHIBIT P20 TRUE COPY OF THE LETTER NO.PIO-246/19
DATED 01/06/2019 OF THE INFORMATION
OFFICER, SREE KERALA VARMA COLLEGE.
THRISSUR, ALONG WITH ITS ENGLISH
TRANSLATION.
EXHIBIT P21 TRUE COPY OF THE LETTER NO.IA/CDD/138/A9
DATED 29/06/2019 OF THE STATE PUBLIC
INFORMATION OFFICER AND DEPUTY
COMMISSIONER, COCHIN DEVASWOM BOARD
ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT P22 TRUE COPY OF THE PAGE 37 OF SERVICE BOOK
OF THE PETITIONER.
EXHIBIT P23 TRUE COPY OF THE LETTER NO 91662/GA 11
H2/2019/ADMN DATED 2.3.2020 OF THE
UNIVERSITY ADDRESSED TO THE MEMBERS OF
SELECTION COMMITTEE
EXHIBIT P24 TRUE COPY OF THE JUDGMENT DATED
21.5.2019 IN WPC 35765/2018 OF THIS
HON'BLE COURT
EXHIBIT P25 TRUE COPY OF THE JUDGMENT DATED
27.1.2021 IN WA 1599/2019 OF THIS
HON'BLE COURT
EXHIBIT R7(A) TRUE COPY OF THE ORDER DATED 12.9.2011
ISSUED BY THE 2ND RESPONDENT UNIVERSITY
EXHIBIT R7(B) TRUE COPY OF THE RELEVANT PAGES OF GO(P)
NO 58/2010/H.EDN DATED 27.3.2010
EXHIBIT R7(C) TRUE COPY OF THE PAY FIXATION STATEMENT
OF THE ADDITIONAL 7TH RESPONDENT SIGNED
BY THE PRINCIPAL OF SREEK ERALA VARMA
WP(C) NO. 16654 OF 2019
COLLEGE, THRISSUR AND COUNTER SIGNED BY
THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION
EXHIBIT R7(D) TRUE COPY OF GO(P) NO 28/2019/H.EDN
DATED 29.9.2019
EXHIBIT R(7(E) TRUE COPY OF THE NOTIFICATION DATED
26.2.2020 ISSUED BY THE 2ND RESPONDENT
UNIVERSITY
