Dr.Ajayakumar K.K vs Sree Sankaracharya University Of ...
2021 Latest Caselaw 9696 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.4556 OF 2021(T)


PETITIONER:

               DR.AJAYAKUMAR K.K
               AGED 51 YEARS
               GUEST LECTURER, SREE SANKARACHARYA UNIVERSITY OF
               SANSKRIT, KALADY P O, ERNAKULAM DISTRICT, PIN-683574,
               RESIDING AT KADAMANNIL HOUSE, KUMBAZHA NORTH,
               MYLAPRA P O, PATHANAMTHITTA DISTRICT, PIN-689671.

               BY ADVS.
               SRI.JUSTINE JACOB
               SRI.K.S.ARUN KUMAR
               SMT.BINDU MOHAN
               SMT.AMRUTHA P S
               SMT.AMRUTHA K P
               SHRI.VIJAY SANKAR V.H.

RESPONDENTS:

      1        SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
               KALADY, ERNAKULAM-683574,
               REPRESENTED BY ITS REGISTRAR.

      2        VICE CHANCELLOR
               SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
               KALADY, ERNAKULAM-683574.

      3        THE REGISTRAR
               SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
               KALADY, ERNAKULAM-683574.

               SRI.PRASANTH S., SC, SREE SANKARACHARYA UNIVERSITY OF
               SANSKRIT

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4556 OF 2021

                                          2



                                  JUDGMENT

Dated this the 23rd day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) to issue a writ in the nature of mandamus or such other appropriate writ, order or direction directing the 2 nd and 3rd respondents to consider and pass orders on Ext.P4 within the time limit framed by this Honourable Court;

ii) to declare that petitioner is entitled to the relaxation in upper age limit with respect to the post applied by Ext.P2, as a person already in the teaching service of the University."

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the University.

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

petitioner had been working as Guest Lecturer in the 1 st respondent

University. A notification had been issued inviting applications for the

post of Assistant Professor to which the petitioner submitted an

application by Ext.P2. It is submitted that the petitioner has submitted

Ext.P4 representation before the University seeking relaxation of the

upper age for submitting the application pursuant to the notification.

The learned counsel for the petitioner submits that the period during WP(C).No.4556 OF 2021

which the petitioner had worked as Guest Lecturer in the University is

liable to be taken note of and exemption is liable to be granted in

terms of Ext.P3 First Statutes. Statute 6 of the First Statutes provides

for the upper age limit for appointment by direct recruitment. The

upper age limit provided for teaching post below the rank of Reader is

not more than 40 years. The learned counsel for the petitioner relies

on the 'Note (1)' to Statute 6 to contend that relaxation in upper age

limit is liable to be granted in cases of persons already working in

teaching service of the University. It is submitted that since the

petitioner had been working as Guest Lecturer, he is entitled to

relaxation in age as per the Note.

4. The learned standing counsel appearing for the University

contends that Guest Lecturers are not teachers under the University

and that no relaxation can be granted in terms of the Note in respect

of service rendered as a Guest Lecturer.

5. The decision of a Division Bench of this Court in

W.A.No.2229/2006 is brought to my notice. It is specifically stated by

the Division Bench that going by the provisions of Statute 6 of Chapter WP(C).No.4556 OF 2021

III, relaxation is meant only for teachers working on a regular basis in

the University and that Guest Lecturers would not fall within the

definition of teachers under Section 2(t) of the Sree Sankaracharya

University of Sanskrit Act, 1994 or under the ambit of the Note

provided to Statute 6.

In the above view of the matter, I am of the opinion that the

prayers sought for in this writ petition cannot be granted. The writ

petition thus fails and the same is, accordingly, dismissed.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.4556 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 28/10/2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 04.10.2019.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF CHAPTER III OF THE STATUTE 1997.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 15/02/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS.

EXHIBIT P5 TRUE COPY OF THE JOINING REPORT DATED 06.06.2019.

RESPONDENT'S/S EXHIBITS: NIL