Kerala High Court
Muhammed Fiyas.K vs The Kannur University on 24 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
WP(C).No.17568 OF 2020(U)
PETITIONER:
MUHAMMED FIYAS.K
SAHIDA MANZIL, ALLAMKULAM , NEAR L.P.SCHOOL, KARIMBAM
P.O., KANNUR DISTRICT,PIN-670 142
BY ADV. SRI.GEORGE MECHERIL
RESPONDENTS:
1 THE KANNUR UNIVERSITY
THAVAKKARA, KANNUR-670 002,
REPRESENTED BY ITS REGISTRAR
2 THE MANAGER,
SIR SYED COLLEGE, TALIPARAMBA, KANNUR DISTRICT, PIN-
670 142
R1 BY ADV. SRI.M.SASINDRAN
R2 BY ADV. SRI.SUNIL NAIR PALAKKAT
R2 BY ADV. SRI.K.N.ABHILASH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)17568/2020 2
JUDGMENT
Sir Syed College, Taliparamba, a private College affiliated to the 1 st
respondent Kannur University has published Ext.P1 rank list of candidates
for appointment to the post of Office Attendant in the said College. The
list was published on 6.10.2018 and it contains the names of nine
candidates. From the said list, the College has appointed candidates
included at serial Nos. 1 to 8. The petitioner figures at serial No.9, the last
candidate in the said list. According to the petitioner, in spite of vacancy in
the post of Office Attendant, the College did not make further appointment
from the said list as they entertained some doubt regarding t he period of
validity of the select list. Statute 12(5) of Part B of Chapter XLVII of the
Kannur University First Statute provides that a select list prepared by the
selection committee in respect of teaching staff in private colleges shall remain
in force only for a period of one year. However, in respect of the appointment of
non- teaching staff, University Statute does not prescribe any validity period of
the select list prepared by the Selection Committee .
Aggrieved by the delay in filling up the vacancy of Office Attendant
from Ext.P1 rank list, the petitioner approached the 2 nd respondent, the
manager of the College with Exts.P5 and P6 representations. Since those
representations were not responded to, the petitioner has filed this writ
petition for a declaration that sub-clause (5) of clause 12, Chapter XLVII
(Part B) of Kannur University First Statute, 1998 will not apply in the matter of
selection and appointment of non-teaching staff in an aided college by virtue of
Part-C Chapter XLVII of Kannur University First Statute, 1998 and for
direction for appointment as Office Attendant.
2. A counter affidavit has been filed by the 2 nd respondent stating
that vacancies are available in the College and the 2 nd respondent is ready
to appoint the petitioner in accordance with Ext.P1 rank list.
3. A counter affidavit has been filed by the 1 st respondent University
and paragraph 2 of the same reads thus:-
"It is submitted that as regards to the averments in paragraph
1 to 7, it is within the domain of the 2nd respondent. As regards
to the averments in paragraph 8 it is submitted that, the
Chapter XLVII of Kannur University First Statute deal with
conditions of Service of Teachers and Members of Non
Teaching Staff in Private Colleges and the Part B deals
specifically with the Conditions of Service of Teachers in
private colleges. As per Statute 12(5) of Part B of Chapter
XLVII of the Kannur University First Statute, a select list
prepared by the selection committee shall remain in force only
for a period of one year. It is submitted that in respect of the
appointment of non teaching staff, University Statute does not
prescribe validity period of the select list prepared by the
Selection Committee as in the case of teaching staff in private
colleges. It is submitted that the 2nd respondent can effect
appointment from the select list if the same is in order and
proper and the vacancies are available. In the absence of a
provision in the Kannur University First Statute in respect of
the period of validity of a select list for appointment to the post
of Non Teaching Staff in the 2 nd respondent College, it is up to
the 2nd respondent to effect appointment from the select list."
In the light of the stand taken by the 1 st respondent University in the
counter affidavit that in the absence of a provision in the Kannur University
First Statute in respect of the period of validity of a select list for appointment to
the post of non-teaching staff in the 2nd respondent College, it is up to the 2nd
respondent to effect appointment from the select list, and in view of the
counter affidavit filed by the 2nd respondent stating that vacancies are
available in the College and the 2 nd respondent is ready to appoint the
petitioner in accordance with Ext.P1 rank list, the 2 nd respondent is
directed to effect appointment from Ext.P1 rank list, within one month
from the date of production of certified copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RANKED LIST PUBLISHED ON
6.10.2018.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS
NO.E3/15312/2017 DATED 18.7.2019 OF THE
DEPUTY DIRECTOR OF COLLEGIATE EDUCATION.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED
18.9.2019 OF THE DIRECTOR OF COLLEGIATE
EDUCATION.
EXHIBIT P4 TRUE COPY OF THE PROMOTION ORDER VIDE ORDER
NO.41/40/2019 DATED 2.9.2019.
EXHIBIT P5 TRUE COPY OF THE WRITTEN REQUEST SUBMITTED
BEFORE THE 2ND RESPONDENT ON 2.6.2020.
EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 5.7.2020
SUBMITTED TO THE 2ND RESPONDENT.
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