Citation : 2021 Latest Caselaw 22567 Ker
Judgement Date : 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 3827 OF 2020
PETITIONER:
DR. PRAVEEN M.P.,
AGED 56 YEARS
S/O.PEETHAMBARAN, ASSISTANT PROFESSOR, DEPARTMENT OF
RACHANA SAREERA, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR
THYKKATTUSSERY, THRISSUR DISTRICT, PIN - 680 306,
RESIDING AT MANAPARAMBIL HOUSE, THUMBOOR (P.O.),
THRISSUR DISTRICT.
BY ADV GOPAKUMAR R.THALIYAL
RESPONDENTS:
1 THE MANAGER, VAIDYARATHNAM AYURVEDA COLLEGE,
OLLUR THYKKATTUSSERY,
THRISSUR DISTRICT, PIN - 680 306.
2 THE PRINCIPAL, VAIDYARATHNAM AYURVEDA COLLEGE,
OLLUR THYKKATTUSSERY,
THRISSUR DISTRICT, PIN - 680 306.
3 THE KERALA UNIVERSITY OF HEALTH SCIENCES,
MEDICAL COLLEGE (P.O.), THRISSUR - 680 596,
REPRESENTED BY ITS REGISTRAR.
4 THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION,
DIRECTORATE OF AYURVEDA MEDICAL EDUCATION,
THIRUVANANTHAPURAM - 695 001.
5 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
6 DR.K.G.BEENA,
ASSOCIATE PROFESSOR, DEPARTMENT OF RACHANA SAREERA,
VAIDYARATNAM AYURVEDA COLLEGE, OLLUR THYKKATTUSSERY,
THRISSUR DISTRICT, PIN - 680 306,
RESIDING AT KAILAS MANA, MANKUZHY LANE,
KANIMANGALAM (P.O.),
THRISSUR DISTRICT, PIN - 680 027.
WP(C) NO. 3827 OF 2020 & con cases
2
7 DR.P.V.MADHUSUDHANAN,
ASSOCIATE PROFESSOR, DEPARTMENT OF KAUMARABHRITYA,
VAIDYARATHNAM AYURVEDA COLLEGE, OLLUR
THYKKATTUSSERY, THRISSUR DISTRICT, PIN - 680 306.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES
SRI.ELVIN PETER P.J.
SRI.S.RADHAKRISHNAN
SMT.N.SANTHA
SHRI.S.RAJMOHAN
SRI.V.VARGHESE
SMT.R.ANJALI
SRI.PETER JOSE CHRISTO
SRI.ADITYA THEJUS KRISHNAN
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.11.2021, ALONG WITH WP(C).2543/2019, 19273/2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3827 OF 2020 & con cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 2543 OF 2019
PETITIONER:
DR.PRAVEEN.M.P.
AGED 55 YEARS
S/O. PEETHAMBARAN, READER/ASSOCIATE PROFESSOR,
DEPARTMENT OF RACHANA SAREENA, VAIDYARATNAM
AYURVEDA COLLEGE, OLLUR-THYKKATTUSSERY,
THRISSUR DISTRICT, PIN 680 306
RESIDING AT MANAPARAMBIL HOUSE, THUMBOOR (P.O),
THRISSUR DISTRICT.
BY ADVS.
GOPAKUMAR R.THALIYAL
SRI.R.B.RAJESH
RESPONDENTS:
1 THE MANAGER,
VAIDYARATNAM AYURVEDA COLLEGE, OLLUR-
THYKKATTUSSERY, THRISSUR DISTRICT. PIN 680 306
2 THE PRINCIPAL,
VAIDYARATNAM AYURVEDA COLLEGE, OLLUR-
THYKKATTUSSERY, THRISSUR DISTRICT, PIN 680 306
3 THE KERALA UNIVERSITY OF HEALTH SERVICES,
MEDICAL COLLEGE (P.O), THRISSUR 680 596
REPRESENTED BY ITS REGISTRAR.
4 THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION,
DIRECTORATE OF AYURVEDA MEDICAL EDUCATION,
THIRUVANANTHAPURAM 695 001.
5 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
WP(C) NO. 3827 OF 2020 & con cases
4
GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001
6 DR. K.G BEENA,
LECTURER/ASSISTANT PROFESSOR(RE-DESIGNATED AS
PROFESSOR)
DEPARTMENT OF RACHANA SAREERA, (LIEN IN
KAUMARABRITHYA)
VAIDYARATHNAM AYURVEDA COLLEGE,
OLLUR-THYKKATTUSSERY, THRISSUR DISTRICT, PIN 680
306, RESIDING AT KAILAS MANA, MANKUZHY LANE,
KANIMANGALAM (P.O), THRISSUR DISTRICT, PIN 680 027
7 DR. P.V MADHUSUDHANAN,
LECTURER/ASSISTANT PROFESSOR,
DEPARTMENT OF KAUMARABHRITYAM,
VAIDYARATNAM AYURVEDA COLLEGE,
OLLUR-THYKATTUSSERY,
THRISSUR DISTRICT, PIN 680 306.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED
SCIENCE
SRI.ELVIN PETER P.J.
SRI.S.RADHAKRISHNAN
SRI.K.R.GANESH
SMT.N.SANTHA
SHRI.S.RAJMOHAN
SRI.V.VARGHESE
SMT.R.ANJALI
SRI.PETER JOSE CHRISTO
SRI.ADITYA THEJUS KRISHNAN
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.11.2021, ALONG WITH WP(C).3827/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3827 OF 2020 & con cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 19273 OF 2018
PETITIONER:
DR.K.G.BEENA
PROFESSOR, DEPARTMENT OF RACHANASAREERA,
VAIDYARATNAM AYURVEDA MEDICAL COLLEGE,
OLLUR, THYKATTUSSERY, THRISSUR -680 306,
RESIDING AT KAILASMANA, MANKUZHI LANE,
KANIMANGALAM P.O, THRISSUR - 680027.
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE (P.O), THRISSUR-680 596,
REPRESENTED BY ITS REGISTRAR.
3 THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION
DIRECTORATE OF AYURVEDA MEDICAL
EDUCATION,THIRUVANANTHAPURAM -695 001.
4 THE MANAGER
VAIDYARATNAM AYURVEDA MEDICAL COLLEGE,OLLUR,
THYKATTUSSERY, THRISSUR-680 306.
5 DR. PRAVEEN M.P.
DEPARTMENT OF RACHANASAREERA,
VAIDYARATNAM AYURVEDA MEDICAL COLLEGE,
OLLUR, THYKATTUSSERY, THRISSUR-680 306.
WP(C) NO. 3827 OF 2020 & con cases
6
BY ADVS.
GOVERNMENT PLEADER
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.M.R.ARUNKUMAR
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SMT.BHAVANA VELAYUDHAN
SRI.K.A.BALAN
SRI.PETER JOSE CHRISTO
SMT.K.N.REMYA
SRI.S.SANAL KUMAR
SMT.N.SANTHA
SMT.T.J.SEEMA
SRI.V.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.11.2021, ALONG WITH WP(C).3827/2020 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3827 OF 2020 & con cases
7
JUDGMENT
[WP(C) Nos.3827/2020, 2543/2019, 19273/2018]
This order of mine shall dispose of three writ petitions W.P.
(C).Nos.2543/2019 (first writ petition) and 3827/2020 (second
writ petition) by Dr.Praveen.M.P. and W.P.(C)No.19273/2013
(third writ petition) by Dr.KG.Beena. Though during the pendency
of the writ petition W.P.(C)No.19273/2013 by K.G.Beena, the
prayer as sought for has been acceded to as a consequence of
the passing of the order Ext.P17 in W.P.(C)No.2543/2019, but
the writ is kept pending awaiting the outcome of the writ petition
No.2543/2019 as, in case Ext.P17 order is quashed, then
K.G.Beena would have some submission to make to support the
order Ext.P17.
2. The genesis of the controversy involved in all three
writ petitions is that on 07.03.1994 Dr.Praveen.M.P was originally
appointed as Tutor in the department of Prasoothithantram
Kaumarabhrityam in the Vaidyaratnam Ayurveda College,
Thrissur District. At the time of the appointment was having a
qualification of BAMS and the appointment was against leave
vacancy. However, regular vacancy arose on 01.08.1995 in the WP(C) NO. 3827 OF 2020 & con cases
department of Rachana Sareera. Petitioner was assigned the
duty as tutor in the department of Rachana Sareera and while
undergoing, was given an opportunity to acquire higher
qualification and obtained a post graduate degree in Samhitha
Sidhantha, an allied subject of Rachana Sareera in the year 2009.
Vide Ext.P1 in first writ petition, was promoted on 15.06.2009 as
Assistant Professor and on 11.04.2018 Ext.P2, as Associate
Professor. At the relevant point of time, there were 7
departments in the college. However, there was a bifurcation of
the departments and 13 departments were carved out as per the
staff pattern in the year 2005.
3. Petitioner in the third writ petition ie., Dr.K.G.Beena
was earlier appointed in 1991, had sought a mutual transfer
which was accepted by the Government vide order dated
03.11.1991 and she, as Tutor, was transferred as junior most in
the respective college in the department to be posted. The
transfer was subject to the approval of University. Approval of
University was accorded on 26.02.1999 and Dr.K.G.Beena eligible
Tutor in the department of Samhitha Sidhanta was promoted as
lecturer in the same department with effect from 01.02.1999 in WP(C) NO. 3827 OF 2020 & con cases
the pay scale of 2379-3500 pre-revised scale subject to the
approval of the college. Calicut University vide order dated
19.12.1995 agreed to give the sanction for the transfer of the
above Tutors and the Vice-Chancellor was pleased to accord the
sanction for present appointments provisionally with effect from
08.11.1995 by forfeiting their previous service. On the basis of
the order dated 14.02.2005 of carving out 13 departments in
Ayurveda Colleges and distribution of the existing staff of 13
departments, options were invited. Petitioner Dr.Praveen.M.P
gave an option Ext.P5 as under:
1)Department of Rachana Sareera
2)Department of Kriya Sareera
3)Swasthivridha
Whereas Dr.K.G.Beena gave option for following three subjects:
1)Kaumarabrithya
2)Swasthavritha
3)Kayachikitsa
The options were given on 05.05.2000. vide order dated
30.05.2000 Vaidyaratnam Ayurveda College, Thirssur allocated
department of Rachana Sareera to Dr.K.G.Beena with lien in
Kaumarabrithya as lecturer whereas Dr.Praveen.M.P vide order
dated 12.06.2002 was given the department of Rachana Sareera WP(C) NO. 3827 OF 2020 & con cases
as tutor. Before that on 02.09.1995 while approving the mutual
transfer, it was made clear that as per inter-collegiate transfer,
person would forgo the previous service and the appointment
would be considered as fresh appointment.
4. Since Dr.K.G.Beena was given department of
Kaumarabrithya but there was no post of lecturer in that
specialty, she preferred W.P.(C)No.29200/2007 before this Court
and this Court vide order dated 03.10.2007 issued directions to
Calicut University as it then was, having the deep and pervasive
control as the college was affiliated with the said University, to
pass an order on the representation of Dr.K.G.Beena as
expeditiously as possible. University rejected the case of
Dr.K.G.Beena, resulted into filing of the writ petition bearing
No.7529/2008. This Court vide judgment dated 10.08.2009
noticed that the University had accepted the allotment of
Dr.K.G.Beena to the Department of Rachana Sareera with lien in
the Department of Kaumarabrithya with an intention that the lien
in Kaumarabrithya was to allot Dr.K.G.Beena the department in
future ie., as and when the post of lecturer arises, which did not
materialise owing to the fact that Government did not sanction WP(C) NO. 3827 OF 2020 & con cases
the staff pattern in accordance with the 13+1 department
system. In the previous judgment, had directed the Government
to approve the implementation of the 13+1 department system.
Therefore, direction was issued to allot Dr.K.G.Beena in the
department of Kaumarabrithya in accordance with the lien
recognized with effect from 01.07.2000. The aforementioned
order was assailed by the 7th respondent, who was already
discharging the duties of Tutor by preferring the writ Appeal
No.2385/2009. The Division Bench of this Court vide judgment
dated 22.12.2009 observed that the parties to the appeal would
file a representation before the University concerning their claims
and on receipt of the representation the University shall take a
fresh decision on the claim of Dr.K.G.Beena for accommodation in
the post of lecturer in Kaumarabrithya, within a period of three
months. The University of Calicut passed an order dated
02.05.2011 stating that sanction was accorded by Vice Chancellor
on 28.03.2011 to approve the report submitted by Syndicate
Sub-committee and therefore, the management is given liberty to
take necessary action to accommodate Dr.K.G.Beena in the
department of Kaumarabrithya as and when the vacancy of WP(C) NO. 3827 OF 2020 & con cases
lecturer is created and the claim of the promotion of
Dr.Praveen.M.P for posting in the department of Rachana Sareera
can be allowed only when Dr.K.G.Beena was accommodated in
the department of Kaumarabrithya. The aforementioned order
was challenged by the 7th respondent Dr.P.V.Madhusudhanan vide
W.P.(C)No.13960/2011 and also by Dr.K.G.Beena vide W.P.
(c).8629/2014. Dr.Praveen.M.P. filed W.P.(C).4309/2010 before
that. This Court Vide common judgment dated 07.03.2017 set
aside the order dated 02.05.2011 of the University of Calicut on
the ground that the same was not in consonance with the
directions contained in the judgment of the Division Bench. As a
result thereof, an order dated 13.09.2017 was passed by the
University of Calicut whereby the claim of Dr.Praveen.M.P to the
department of Rachana Sareera in Vaidyaratnam Ayurveda
College for promotion and posting in the department was allowed
and Dr.K.G.Beena was ordered to be accommodated in the
department of Kaumarabrithya in Vaidyaratnam Ayurveda
Medical College. Also Dr.K.G.Beena was held to be eligible to be
appointed in the post of Professor in the department of
Kaumarabrithya. Again a challenge was laid to the WP(C) NO. 3827 OF 2020 & con cases
aforementioned order by 7th respondent Dr.P.V.Madhusudhanan
in W.P.(C).No.31548/2017. This Court vide order dated
25.07.2018 on a technical ground set aside the order as in the
meantime, Kerala University of Health Sciences came into being
with effect from 12.12.2009 and therefore the order was required
to be passed by the Kerala University of Health Sciences.
5. Thereafter the impugned order dated 21.01.2019
Ext.P17 order of the Kerala University of Health Sciences which
had affected Dr.Praveen.M.P in making him junior to
Dr.K.G.Beena and assigning the seniority to Dr.K.G.Beena in the
department of Rachana Sareera has been passed, giving cause to
Dr.Praveen.M.P filing the W.P.(C)No.2543/2019. During the
pendency of the aforementioned writ petition, another petition
W.P(C).3827/2020 was filed by challenging the order dated
28.01.2019 of the college whereby Dr.K.G.Beena was promoted
as Associate Professor whereas Dr.Praveen.M.P. was posted in
the cadre of Assistant Professor. Also, on the same date, the
Principal of the College declared Dr.K.G.Beena, Associate
Professor as Head of the Department of Rachana Sareera. Both
the aforementioned orders have been challenged by amending WP(C) NO. 3827 OF 2020 & con cases
the writ petition, but in W.P.(C).No.3827/2020 advertisement
Ext.P22 inviting the application for the post of Associate Professor
in Kaumarabrithya has been challenged. Dr.K.G.Beena in W.P.
(C)No.19273/2018 has sought a direction for promoting her,
which was as noticed above had already been passed, giving
cause to Dr.Praveen.M.P. to amend the writ petition.
6. Sri.R.Gopakumar.R.Thaliyal, learned counsel appearing
on behalf of Dr.Praveen.M.P. submitted that once the lien of
Dr.K.G.Beena was kept as department of Thiruvananthapuram,
the impugned order Ext.P17 allocating the department of
Rachana Sareera as permanent to Dr.K.G.Beena is wholly
erroneous much less against the options exercised by
Dr.K.G.Beena ie., two other subjects Swasthavritha and
Kayachikitsa were also available and as regards the vacancies in
the subject Swasthavritha, there were three sanctioned posts
and three persons were discharging the duties of reader and
tutors whereas in Kayachikitsa, there were 5 posts and 5 persons
were discharging the duties one as professor, one reader, one
lecturer and two tutors. The respondents has not referred to any
provisions of rules for maintaining the seniority either WP(C) NO. 3827 OF 2020 & con cases
department-wise or subject-wise, though apparently declared to
be subject-wise, but Dr.K.G.Beena cannot be given seniority in
Rachana Sareera as she had no lien as the lien was with some
other subjects.
7. Dr.K.G.Beena joined as tutor on 3.11.1994 whereas
Dr.Praveen.M.P. joined on 7.03.1994 and the person who joined
on transfer were to lose their seniority in the erstwhile
department/management as per the orders passed from time to
time.
8. The stand of the University of Calicut had been that
Dr.K.G.Beena had not given an option for Rachana Sareera and
only for three subjects ie., Kaumarabrithya, Swasthavritha and
Kayachikitsa. Thus for all intends and purposes, Dr.K.G.Beena
could not have been assigned the seniority aforementioned in the
subject of Rachana Sareera. The entire controversy arose only on
mutual transfer of Dr.K.G.Beena and when in 2005 the
departments were carved out and options were given. Without
noticing the sanctioned strength Dr.K.G.Beena had given an
option for the said subjects which were already manned by
different category of faculty.
WP(C) NO. 3827 OF 2020 & con cases
9. In none of the orders passed by this Court, there was
direction that Dr.K.G.Beena would be allocated subject of
sanctioned post of Rachana Sareera instead of Kaumarabrithya
rather direction was issued by this Court for sanctioning of the
said post for accommodating Dr.K.G.Beena. All these factors have
not been noticed or touched while passing the impugned order.
10. During the pendency of the writ petition it surfaced
that respondent No.7 Dr.Madhusudhanan has left the post and
vacancy has arisen. In this view of the matter Dr.K.G.Beena can
always be accommodated in the subject of her option and the
seniority can be assigned taking to consideration the years spent
by her while teaching the subject Rachana Sareera. There will be
contest between Dr.Praveen as well as Dr.K.G.Beena both the
parties would be benefited. It is non-application of mind on
behalf of the University multifarious litigations have arisen
without ascertaining the facts. At the point of entry it is the tutor
and thereafter lecturer, reader and professor which have been re-
designated. A gross grievance has been caused to Dr.Praveen
whereby Dr.K.G.Beena has been not only promoted but made
senior in the department of Rachana Sareera but also been WP(C) NO. 3827 OF 2020 & con cases
appointed as Head of the Department. The University has not
been able to determine while passing the order the status of
Dr.Praveen whether by accommodating Dr.K.G.Beena in the
subject of Rachana Sareera, the number of posts would be
increased as it has not surfaced whether out of the existing
faculty as per appendix to Ext.R6(K) dated 14.02.2005 any of
the faculty member had demitted the office on superannuation or
otherwise. The impugned order thus leads to utter confusion to
understand the fact much less veracity. The University could not
have reviewed the options given by Dr.K.G.Beena by observing
that the options should have been against the sanctioned post
and not against anticipated sanction in future. It was for the
employees/faculty who had given options with open eyes after
checking the availability of the posts. In the orders noticed
above, a professor post had fallen vacant in the Department of
Kaumarabrithya and Dr.K.G.Beena was held eligible for the post
of Professor in Direct Department. This fact has also gone
unnoticed while reading the contents of Ext.P17. Rather the pith
and substance of the impugned order has led to a jumbling of all
facts and there arose a new case, which has never been of WP(C) NO. 3827 OF 2020 & con cases
ponderance in any of the orders passed by the University from
time to time particularly 13.09.2017 which was set aside only on
technical ground as University of Calicut lacked jurisdiction.
11. On the contrary Sri.Ganesh, learned counsel
representing the respondents do not deny the fact that the post
of one professor had fallen vacant in the lien of Kaumarabrithya
but he fact of the matter is Dr.K.G.Beena cannot be made to
suffer or made a shuttle cock as at the time of giving the option,
there was no post available in any of the subjects opted for and
for adjusting her upon mutual transfer, both were assigned the
department of Rachana Sareera. Dr.K.G.Beena is much senior to
Dr.Praveen.M.P. taking into consideration the length of service
as well as the date of mutual transfer. Even if, the conditions of
the order of mutual transfer are complied with in letter and spirit
ie., Dr.K.G.Beena would lose the right of seniority of the service
rendered in the erstwhile management. The order is though
based upon the seniority list and considering Dr.K.G.Beena to be
senior than Dr.Praveen.M.P., Dr.K.G.Beena had been promoted
and made in charge of Head of the Department and
consequential effect Dr.Praveen.M.P has been held to be junior. WP(C) NO. 3827 OF 2020 & con cases
The seniority of Dr.K.G.Beena shall not be overlooked by giving
the placement to Dr.Praveen.M.P as it has been the case of the
University that Dr.K.G.Beena was Senior. Even though the
appointment of Dr.K.G.Beena was to be considered as a fresh
appointment, Dr.Praveen.M.P. commenced his service as regular
appointee only with effect from 01.08.1995 whereas on mutual
transfer, Dr.K.G.Beena with effect from 03.11.1994. Thus the
claim of Dr.Praveen.M.P could not have been kept pending as
Dr.K.G.Beena had been senior.
12. On the other hand, Sri.Aravindakshan Pillai for the
management submitted that now Dr.Madhusushanan respondent
No.7 had left the college and the post of Assistant Professor in
the department of Kaumarabrithya is vacant over and above the
post already fell vacant on demission of one of the members of
the faculty therein. Even otherwise, Dr.K.G.Beena had been
discharging duty of Associate Professor though have been given
in the scale of professor.
13. Sri.Sreekumar learned counsel representing the
University supported the impugned order though no counter has
been filed but contended that University had to comply with the WP(C) NO. 3827 OF 2020 & con cases
direction of this Court for determining the seniority of
Dr.K.G.Beena viz.a.viz. Dr.Praveen.M.P as from the facts as
Dr.K.G.Beena had on transfer joined the department of Rachana
Sareera with effect from 8.11.1995 whereas the petitioner
Dr.Praveen.M.P. only with effect from 01.08.1995. Government
had never given any sanction for creation of the additional post
in the subject of Kaumarabrithya and therefore, lien of
Dr.K.G.Beena could not have been permitted to continue for
infinite period. As per the existing Rules, the seniority has to be
department-wise ie., the subject in which the faculties is assigned
to impart. The seniority list has been taken into consideration
while passing the order but none of the parties have placed on
record therefore Dr.Praveen.M.P cannot derive the benefit. The
writ petition is bereft of the particulars and thus liable to be
dismissed.
14. I have heard the learned counsel for the parties and
appraised the paper book.
15. The fact that Dr.Praveen.M.P. had joined as tutor in
the college- 1st respondent against leave vacancy on 07.03.1994
and was given a regular vacancy with effect from 01.08.1995 in WP(C) NO. 3827 OF 2020 & con cases
the department of Rachana Sareera that too only on achieving
the PG qualification in 2009, promoted as Assistant Professor and
Associate Professor with effect from 05.06.2009 and 11.04.2018
are not in dispute. It is also not in dispute that at the relevant
point of time, there were seven department in the college and on
bifurcation in 2005, 13+1 departments were carved out and
options were invited in the same very year from respective
faculty members. Dr.Praveen.M.P had given an option for three
subjects whereas Dr.K.G.Beena, for three subjects. Thus
Dr.K.G.Beena had never opted for "Rachana Sareera".
Considering the option, respondent Calicut University as it then
was till December 2009 when it was bifurcated into Kerala
University of Health Sciences, assigned the subject of Rachana
Sareera to Dr.K.G.Beena with a lien in Kaumarabrithya, as,
though there was sanctioned posts available in the subject opted
by Dr.K.G.Beena, all were manned by the faculty. Though there
had been a direction by this Court for creation of posts in
Kaumarabrithya but no action was taken thereon. Be that as it
may. The arrangements as done after 2005 ought to have
continued but aggrieved of having assigned the lien, WP(C) NO. 3827 OF 2020 & con cases
Dr.K.G.Beena had approached this Court leading to series of writ
petitions as noticed above, which I would not be repeating in
order to avoid repetition. All the orders passed by the University
of Calicut challenged from time to time. Directions have been
issued to continue with the arrangements of allowing
Dr.K.G.Beena to impart the subject of Rachana Sareera with a
lien in Kaumarabrithya, with intend that as and when the post
would be either fallen vacant or created, Dr.K.G.Beena would be
accommodated. But when the last order dated 13.09.2017 was
passed, it was noticed that though the post of professor had
fallen vacant in the department of Kaumarabrithya and was
eligible for the said post in the said department, has gone
unnoticed in the impugned order dated January, 2019 passed
after almost one and half year. Thus the order impugned reveals
not only non-application of mind, lacks certain reasons of having
not noticed the occurrence of vacancy. A quietus would have
been brought had the Kerala University of Health Sciences
noticed the factum of occurrence of the vacancy of professor and
it is a matter of record that Dr.K.G.Beena had been discharging
the duties of Associate Professor in Rachana Sareera and case of WP(C) NO. 3827 OF 2020 & con cases
the promotion of Dr.Praveen.M.P., petitioner in two writ petitions
was ordered to be kept pending. There was no occasion for
Kerala Health Sciences to determine the Seniority as it
tantamount to reviewing the options submitted by Dr.K.G.Beena,
which is a total illegality and a contumacious act. No rules as
applicable to viz-a-viz the seniority department-wise had been
referred to. Had the University of Health Sciences noticed the
occurrence of the vacancy on account of superannuation or
demission of any of the faculty in Kaumarabrithya way back in
2017, the controversy would not have reached this Court. After
all the parties have undergone the series of litigations as noticed
above. A subsequent event had also arisen in as much as that
Sri.Madhusudhanan has also left the job. Thus, there are more
than one vacancy in the department of Kaumarabrithya now the
question would arise again, in case this Court does not notice the
grievance of Dr.KG.Beena of having been assigned in the parent
department ie., if lien assigned in the seniority department-wise,
I am of the view that it is a fit case were respondent University is
required to revisit the issue on some of the important points
which this Court noticed over and above the points which the WP(C) NO. 3827 OF 2020 & con cases
respective parties would raise at a relevant point of time:
(i). It is a conceded position on record that much before
September 2017 the vacancy of professor in the department of
Kaumarabrithya had occurred. Dr.K.G. Beena could have been
easily adjusted there and her seniority could have been
determined without any demur of as there was no fault of her in
not joining the department on account of non-availability of the
said post and was assigned a temporary arrangement in the
department of Rachana Sareera.
(ii) Dr.Praveen had from right day one from 1995 had been
discharging duty of tutor which was re-designated as Assistant
Professor in the department of Rachana Sareera and had been
asking for promotion by fulfilling the applicable conditions.
(iii) The Kerala University of Health Sciences would also notice
the fact that the grievances of both Dr.Praveen.M.P. and
Dr.K.G.Beena can be addressed by assigning the respective
departments in view of occurrence of vacancy of professor in
2017 as well as during the pendency of the writ petitions.
(iv) University would also not shy away in assigning the
seniority to both the parties who have rendered the service WP(C) NO. 3827 OF 2020 & con cases
without any fault of theirs. In other words, it would not come in
the way of Dr.K.G.Beena of assigning seniority by rendering duty
in the department of Rachana Sareera, ie., cannot be ignored by
taking the aid of assigning the seniority department-wise. The
period rendered by Dr.K.G.Beena is required to be considered for
assigning the seniority in the department of Kaumarabrithya and
the seniority of Dr.Praveen.M.P. would be maintained and
determined in the department of Rachana Sareera.
(v) University would also take into consideration the fact that
another post has fallen vacant as the 7 th respondent left the
service, who was discharging his duties in the department of
Kaumarabrithya.
16. The aforementioned directions are being issued for
redressing the grievance of both Dr.Praveen.M.P. and
Dr.K.G.Beena as they have been for vindication of the grievances
time and again had to approach this Court and would also save
the cost of litigation. This court also leaves open for the
respective parties to take up all other issues which they deem it
appropriate in support of the respective cases, in view of the
observations made herein above much less any other rules or any WP(C) NO. 3827 OF 2020 & con cases
provisions of law applicable to the lis.
17. Accordingly, order dated 21.01.2019 Ext.P17 is
quashed. Kerala University of Health Science is directed to take a
call within a period of two months from the date of receipt of
copy of this judgment by affording an opportunity of personal
hearing to the affected parties either through virtual or physical
mode much less in accordance with law. As a consequence of
setting aside the impugned order, the order of promotion of
Dr.K.G.Beena as Head of the Department is ordered to be kept in
abeyance till a decision is taken and assignment of actual
seniority in the respective departments.
Writ petitions are disposed of.
Sd/-
AMIT RAWAL JUDGE WP(C) NO. 3827 OF 2020 & con cases
APPENDIX OF WP(C) 2543/2019
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 23-02-
2013 PROMOTING THE PETITIOENR AS LECTURER/ASST. PROFESSOR EXHIBIT P2 TRUE COPY OF THE ORDER DATED 11-04-
2018 PROMOTING THE PETITIONER AS ASSOCIATE PROFESSOR EXHIBIT P3 TRUE COPY OF THE OPTION FORM SUBMITTED BY THE 6TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 30-
05-2000 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE OPTION FORM SUBMITTED BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12-06-
2000 ISSUED BY THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF THE ORDER DATED 17-06-
1995 ISSUED BY THE GOVERNMENT.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 02-09-1995 ISSUED BY THE GOVERNMENT.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 19-12-
1995 ISSUED BY THE CALICUT UNIVERSITY. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 03-10-
2007 PASSED BY THIS HON'BLE COURT IN W.P(C) NO. 29200/2007 EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 10-08-
2009 PASSED BY THIS HON'BLE COURT IN W.P(C) NO. 7529/2008.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 22-12-
2009 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN W.A NO. 2385/2009.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 02-05-
2011 ISSUED BY THE CALICUT UNIVERSITY. EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 07-03-
2017 PASSED BY THIS HON'BLE COURT.
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 13-09-
2017 ISSUED BY THE CALICUT UNIVERSITY. EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 25-07-
2018 PASSED BY THIS HON'BLE COURT IN W.P(C) NO. 31548/2017.
WP(C) NO. 3827 OF 2020 & con cases
EXHIBIT P17 TRUE COPY OF THE ORDER DATED 21-01-
2019 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 28.01.2019.
EXHIBIT P19 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 28.01.2019.
EXHIBIT P20 TRUE COPY OF THE COVERING LETTER DATED 24.01.2019.
EXHIBIT P21 TRUE COPY OF THE ORDER DATED 14.02.2005.
EXHIBIT P22 TRUE COPY OF THE CERTIFICATE DATED 10.07.2015 ISSUED BY THE CALICUT UNIVERSITY.
EXHIBIT P23 TRUE COPY OF THE CERTIFICATE DATED 31.03.2004 ISSUED BY THE DISTRICT PANCHAYATH, THRISSUR.
EXHIBIT P24 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DIRECTORATE OF AYURVEDA MEDICAL EDUCATION, GOVERNMENT OF KERALA.
EXHIBIT P25 TRUE COPY OF THE CERTIFICATE ISSUED BY THE GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM.
RESPONDENTS EXHIBTTS
EXT.R6(a) TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO.E1-3026/90/AVC DATED 06.08.1997 OF THE 6TH RESPONDENT EXT.R6(b) TRUE PHOTOCOPY OF THE ORDER DATED 03.11.1994 ISSUED BY THE GOVERNMENT APPOINTING THE 6TH RESPONDENT AS TUTOR IN OLLUR AYURVEDA COLLEGE BY MUTUAL TRANSFER EXT.R6(c) TRUE PHOTOCOPY OF THE PROMOTION ORDER NO.A1/1273/9./VAC DATED 26.02.1999 EXT.R6(d) TRUE PHOTOCOPY OF THE DEGREE CERTIFICATE EVIDENCING ACQUISITION OF M.D IN SALYATANTHRA DATED 23.08.2003. EXT.R6(e) TRUE PHOTOCOPY OF THEAMENDED NOTIFICATION ISSUED BY THE CALICUT UNIVERSITY PUBLISHED IN THE GAZETTE DATED 26.06.1999.
EXT.R6(f) TRUE PHOTOCOPY OF THE OFFICE NOTE WP(C) NO. 3827 OF 2020 & con cases
DATED 22.04.2000 ISSUED BY THE PRINCIPAL OF THE COLLEGE EXT.R9(g) TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE ORDER G.O. MS. NO. 148/96/H&fwd DATED 19.03.1996 ALONG WITH ANNEXURE EXT.R6(h) TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THEREGULATIONS ISSUED BY THE CENTRAL COUNCIL FOR INDIAN MEDICINE EXT.R6(i) TRUE PHOTOCOPY OF THE OPETION FORM DATED 15.05.2000 SUBMITTED BY THE 6TH RESPONDENT EXT.R6(j) TRUE PHOTOCOPY OF THE RELEVANT PAGE OF TEH ORDER DATED 30.05.2000 ISSUED BY THE RESPONDENTS 1 AND 2 EXT.R6(k) TRUE PHOTOCOPY OF THE ORDER NO.GAII/A1/2265/98 DATED 15.02.20008 ISSUED BY THE UNIVERSITY OF CALICUT EXT.R6(l) TRUE PHOTOCOPY OF THE ORDER NO.GAII/A1/2751/2007 DATED 15.02.2008 ISSUED BY THE UNIVERSITY OF CALICUT EXT.R6(m) TRUE PHOTOCOPY OF THE JUDGMENT DATED 10.08.2009 IN W.P.(C) NO.7529/2008 EXT.R6(n) TRUE PHOTOCOPY OF THE APPOINTMENT JUDGMENT DATED 22.12.2009 IN W.A.NO.2385/2009 EXT.R(o) TRUE PHOTOCOPY OF THE ORDER NO.GA II/A1/174/2010 DATED 02.05.2011 OF THE UNIVERSITY OF CALICUT EXT.R6(p) TRUE PHOTOCOPY OF THE COMMON JUDGMENT DATED 07.03.2017 IN W.P.(C) NO.13960/2011 EXT.R6 (q) TRUE PHOTOCOPY OF THE ORDER NO.A1/1318/2012/VAC DATED 24.06.2014 ISSUED BY THE 1ST RESPONDENT EXT.R6(r) TRUE PHOTOCOPY OF THE ORDER NO.E4/1596/2017/D A M DATED 27.06.2017 OF THE DIRECTOR OF AYURVEDA MEDICAL EDUCATION APPROVING THE APPOINTMENT OF THE 6TH RESPONDENT EXT.R6(s) TRUE PHOTOCOPY OF THE ORDER U.O.NO.11340/2017/ADMN. DATED 13.09.2017 ISSUED BY THE CALICUT UNIVERSITY EXT.R6(t) TRUE PHOTOCOPY OF THE ORDER WP(C) NO. 3827 OF 2020 & con cases
NO.A1/992/2010/VAC DATED 11.04.2018 ISSUED BY THE VAIDYARATNAM AYURVEDA COLLEGE, OLLUR, THALIKKATTUSSERY EXT.R6 (u) TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 10.07.2014 IN W.P.
(c).NO.8629/2014 EXT.R6 (v) TRUE PHOTOCOPY OF THE ENDORSEMENT ISSUED BY THE 6TH RESPONDENT DATED 28.01.2019 EXT.R7(a) A TRUE COPY OF THE PROCEEDINGS NO.A1/295/94/VAC DATED 08.11.1994 APPOINTING THE 6TH RESPONDENT EXT.R7(b) A TRUE COPY OF THE COMMUNICATIONNO.F NO.4-54/2010 - AY DATED 21.07.2010 ISSUED BY THE CCIM TO THE PRINCIPAL, KOTTAKKAL AYURVEDA COLLEGE WP(C) NO. 3827 OF 2020 & con cases
APPENDIX OF WP(C) 19273/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 6.8.91 ISSUED VAIDYARATNAM P.S.VARRIER AYURVEDA COLLEGE, KOTTAKKAL TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 3.11.1994 ISSUED BY THE GOVERNMENT EXHIBIT P3 TRUE COPY OF THE ORDER NO.A1/1273/93/VAC DATED 26.02.1999 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE EVIDENCING M.D. IN SALYATHANTRA OF THE PETITIONER ISSUED BY THE UNIVERSITY OF KERALA.
EXHIBIT P5 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE GAZETTE DATED 29.6.1999.
EXHIBIT P6 TRUE COPY OF THE OFFICE NOTE ISSUED BY THE PRINCIPAL OF 4TH RESPONDENT COLLEGE. EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF G.O(MS)NO.143/96/H&FWD DATED 19.3.96 ALONG WITH ANNEXURE ISSUED BY THE GOVERNMENT.
EXHIBIT P8 TRUE COPY OF RELEVANT PAGE OF REGULATIONS ISSUED BY THE GOVERNMENT OF INDIA.
EXHIBIT P9 TRUE COPY OF OPTION FORM DATED 15.05.2000 SUBMITTED BY THE PETITIONER. EXHIBIT P10 TRUE COPY OF THE RELEVANT PAGE OF ORDER NO.A1/1627/2000 DATED 30.5.2000 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P11 TRUE COPY OF ORDER NO.GAII/A1/2565/98 DATED 14.2.05 ALONG WITH APPENDIX ISSUED BY THE UNIVERSITY OF CALICUT.
EXHIBIT P12 TRUE COPY OF ORDER NO.GAII/A1/2751/2007 DATED 15.2.2008 ISSUED BY THE UNIVERSITY OF CALICUT.
EXHIBIT P13 TRUE COPY OF JUDGMENT DATED 10.08.2009 IN WPC NO.7529/2008 OF THIS HON'BLE COURT.
EXHIBIT P14 TRUE COPY OF JUDGMENT DATED WA NO.2385/2009 OF THIS HON'BLE COURT WP(C) NO. 3827 OF 2020 & con cases
EXHIBIT P15 TRUE COPY OF ORDER NO.GAII/A1/174/2010 DATED 2.5.2011 ISSUED BY THE UNIVERSITY OF CALICUT.
EXHIBIT P16 TRUE COPY OF JUDGMENT DATED 7.3.2017 IN WPC NO.13960/2011 OF THIS HON'BLE COURT.
EXHIBIT P17 TRUE COPY OF THE ORDER NO.A1/1318/2012/VAC DATED 24.6.2014 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P18 TRUE COPY OF ORDER NO.E4/1596/2017/DAME DATED 27.6.2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P19 TRUE COPY OF ORDER NO.11340/2017/ADMN.
DATED 13.9.2017 ISSUED BY THE CALICUT UNIVERSITY.
EXHIBIT P20 TRUE COPY OF ORDER DATED 4.10.2017 IN WPC NO.31548/2017 OF THIS HON'BLE COURT. EXHIBIT P21 TRUE COPY OF ORDER NO.A1/992/2010/VAC DATED 11.4.18 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P22 TRUE COPY OF ORDER DATED 10.7.2014 IN WPC NO.8629/2014 OF THIS HON'BLE COURT. EXHIBIT P23 TRUE COPY OF THE REPRESENTATION DATED 5.6.2018 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P24 TRUE PHOTOCOPY OF ORDER NO.GA.II/A1/245299 DT. 29.9.2001 ISSUED BY THE CALICUT UNIVERSITY.
RESPONDENT EXHIBITS EXHIBIT R5 (a) TRUE COPY OF THE ORDER
NO.GA.II/B3/1351/94 DATED 08.12.1994 ISSUED BY THE UNIVERSITY OF CALICUT.
EXHIBIT R5 (b) TRUE COPY OF THE ORDER NO.A1/1505/93/VAC DATED 07.03.1994 ISSUED BY THE MANAGER, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR. EXHIBIT R5 (c) TRUE COPY OF THE COMMUNICATION NO.54181/D3/95/H AND FWD DATED 17.06.1996 OF THE GOVERNMENT OF KERALA, ALONG WITH TYPED COPY.
EXHIBIT R4(a) TRUE COPY OF THE ORDER NO.6252/ACI/GEN/A3/KUHS/2013 DATED 21/01/2019 ISSUED BY THE 2ND RESPONDENT.
WP(C) NO. 3827 OF 2020 & con cases
EXHIBIT R4(b) TRUE COPY OF THE ORDER NO.A1/652/2017/VAC DATED 28/01/2019 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT R4(c) TRUE COPY OF THE ORDER NO.A1/904/2018/VAC DATED 28/01/2019 ISSUED BY THE 2ND RESPONDENT.
WP(C) NO. 3827 OF 2020 & con cases
APPENDIX OF WP(C) 3827/2020
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 23/02/2013 PROMOTING THE PETITIONER AS LECTURER/ASST. PROFESSOR.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 11/04/2018 PROMOTING THE PETITIONER AS ASSOCIATE PROFESSOR.
EXHIBIT P3 TRUE COPY OF THE OPTION FORM SUBMITTED BY THE 6TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 30/05/2000 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE OPTION FORM SUBMITTED BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12/06/2000 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 17/06/1995 ISSUED BY THE GOVERNMENT.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 02/09/1995 ISSUED BY THE GOVERNMENT.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 19/12/1995 ISSUED BY THE CALICUT UNIVERSITY.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 03/10/2007 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.29200/2007.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 10/08/2009 PASSED BY THIS HON'BLE COURT IN W.P(C) NO.7529/2008.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 22/12/2009 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN W.A.NO.2395/2009.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 02/05/2011 ISSUED BY THE CALICUT UNIVERSITY.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 07/03/2017 PASSED BY THIS HON'BLE COURT. EXHIBIT P15 TRUE COPY OF THE ORDER DATED 13/09/2017 ISSUED BY THE CALICUT UNIVERSITY.
EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 25/07/2018 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.31548/2017.
WP(C) NO. 3827 OF 2020 & con cases
EXHIBIT P17 TRUE COPY OF THE ORDER DATED 21/01/2019 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 28/01/2019.
EXHIBIT P19 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 28/01/2019.
EXHIBIT P20 TRUE COPY OF THE ORDER DATED 10/12/2019 ALONG WITH ITS TRUE TRANSLATION IN ENGLISH.
EXHIBIT P21 TRUE COPY OF THE ORDER DATED 16/12/2019. EXHIBIT P22 TRUE COPY OF THE NOTIFICATION PUBLISHED DESHABHIMANI DAILY DATED 17/01/2020.
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