Dr.Rema M.K vs Sree Sankaracharya University Of ...
2021 Latest Caselaw 20415 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
         FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                        WP(C) NO. 13401 OF 2021
PETITIONER/S:

     1      DR.REMA M.K.
            AGED 53 YEARS
            D/O. KRISHNAN M.S, RESIDING AT MULLASSERI HOUSE, KANNOTH
            P..O. VENKITANGU, THRISSUR.

     2      HARISREE K.,
            AGED 47 YEARS
            W/O. SAJEEV.K. RESIDING AT MANULLINJALIL, VARIKOLI P.O.
            PUTHENKURISH, ERNAKULAM DISTRICT.

     3      DR. KAVITHA K.S.,
            AGED 36 YEARS
            W/O. RATHEESH K.M., PULLAREKAD HOUSE, MANIKKAMANGALAM
            P.O. KALADY, ERNAKULAM DISTRICT.

     4      DR. THILAKAMANI A.G.,
            AGED 49 YEARS
            W/O. BABU, AMBALATHUMKUDY, VALAYANCHIRANGARA P.O.
            PERUMBAVOOR, ERNAKULAM DISTRICT.

     5      DR. SOUMYA MURUKESH,
            AGED 36 YEARS
            W/O. ARUN KUMAR K.K., KOLETH HOUSE, NORTH MAZHUVANNUR
            P.O., VALAMBOOR, ERNAKULAM DISTRICT.

     6      ASHITHA R.K.,
            AGED 35 YEARS
            D/O. B RAJAN, VAISHNAVAM, T/C 55/2138(1) KALPAKA GARDENS,
            PAPPANAMGODE P.O. THIRUVANANTHAPURAM DISTRICT.

            BY ADVS.
            GEORGE POONTHOTTAM (SR.)
            NISHA GEORGE
            A.L.NAVANEETH KRISHNAN
 WP(C) NO. 13401 OF 2021
                                       2

RESPONDENT/S:

     1       SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
             KALADY, ERNAKULAM DISTRICT 683 574, REPRESENTED BY
             ITS REGISTRAR.

     2       THE VICE CHANCELLOR,
             SREE SANKARACHARYA UNIVERISYT OF SANSKRIT, KALADY,
             ERNAKULAM DISTRICT 683 574.

     3       THE SYNDICATE,
             SREE SANKARACHARYA UNIVERISYT OF SANSKRIT, KALADY,
             ERNAKULAM DISTRICT 683 574. REPRESENTEDD BY ITS
             CHAIRMAN.

     4       THE REGISTRAR
             SREE SANKARACHARYA UNIVERISYT OF SANSKRIT, KALADY,
             ERNAKULAM DISTRICT 683 574.

     5       SARITHA A.V.,
             GUEST LECTURER, DEPARTMENT OF SANSKRIT VYAKARANA,
             SREE SANKARACHARYA UNIVERISYT OF SANSKRIT, KALADY,
             ERNAKULAM DISTRICT 683 574.

     6       SHAIN K.K.,
             GUEST LECTURER, DEPARTMENT OF COMPARATIVE
             LITERATURE,
             SREE SANKARACHARYA UNIVERISYT OF SANSKRIT, KALADY,
             ERNAKULAM DISTRICT 683 574.

             BY ADV SHRI.PRASANTH S., SC, SREE SANKARACHARYA
             UNIVERSITY OF SANSKRIT



OTHER PRESENT:

             GP SRI JIMMY GEORGE


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13401 OF 2021
                                          3

                               JUDGMENT

Notification dated 4.5.2021, Ext.P1 has been challenged in

the present writ petition. Petitioners, 6 in number, through the

instant writ petition have challenged the aforementioned

notification on the ground that respondent No.1, Sree

Sankaracharya University of Sanskrit had been engaging teachers

as Guest Lecturers despite being the availability of sufficient

workload for sanctioning regular posts. The appointed persons

are made to work, and create an artificial service break, for long

and are thus exploited. Petitioners have been working as Guest

Lecturers in the respondent University as per the details given in

paragraph 2 of the writ petition ie., from 2 years to 19 years. The

service of the petitioners were terminated along with other

teachers and the University initiated steps for recruitment of Guest

Lecturers. The decision to terminate the teachers, who were

working as Guest Lecturers, is vitiated by political consideration

and to facilitate the appointment of their favourite.

2. Notification dated 4.5.2021, Ext.P1 was issued by the

University inviting application from qualified hands to be appointed WP(C) NO. 13401 OF 2021

as Guest Lecturers in various departments. The aforementioned

notification did not specify the number of posts in each department

and also the consequent reservation towards these posts which is

not in accordance with settled law as per the judgment of the

Supreme Court in Dr.Suresh Chandra Verma and Others v. The

Chancellor, Nagpur University and Others [(1990) 4 SCC 55].

3. On the other hand, learned counsel for the respondents

submitted that the judgment relied upon would not apply in

respect of the advertisement/notification for Guest Lecturers on

contractual basis. Had there been a notification through Public

Service Commission there would have been a force. Petitioners

have been employed as Guest Lecturers and their services have

already been terminated. There cannot be any reservation for

contractual employees.

I have heard the learned counsel for the parties and

appraised the paper book and of the view that there is force and

merit in the argument of the learned counsel for the respondent.

Concededly, the notification Ext.P1 is for appointment of

contractual employees. Service of the petitioners as Guest

Lecturers has already been terminated. Notification has not been

through the Public Service Commission. Thus it cannot be stated WP(C) NO. 13401 OF 2021

to be regular appointment against sanctioned post. Contractual

employments are only on the basis of exigency of the work. It is

also settled law that in case of non availability of the work, the

services can be dispensed with. But equally so, the contractual

employees cannot be replaced with another set of contractual

employees as it would amount to exploitation except through

regular appointment. Thus the ratio culled in the judgment is

mandating the reservation in the advertisement pertaining to only

regular appointment and not to the contractual employment.

No ground for interference is made out. Writ petition is

dismissed.

Sd/-

sab                                      AMIT RAWAL

                                             JUDGE
 WP(C) NO. 13401 OF 2021


                 APPENDIX OF WP(C) 13401/2021

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE NOTIFICATION PUBLISHED IN

THE MATHRUBHUMI DAILY DATED 04.05.2021.

Exhibit P2 TRUE COPY OF THE RELEVANT PROVISIONS OF THE UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER COLLEGES AND OTHER MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION 2018.

Exhibit P3 TRUE COPY OF THE CIRCULAR NO.

REG/22/SSUS/2021 DATED 21.05.2021 ISSUED BY THE UNIVERSITY.

Exhibit P4 TRUE COPY OF THE NOTIFICATION NO.

AD.D/686/SSUS/2019(1) DATED 31.08.2019 ISSUED BY THE UNIVERSITY.

Exhibit P5 TRUE COPY OF THE RANK LIST OF THE CANDIDATES IN THE DEPARTMENT OF SANSKRIT VYKARAA DATD 10.06.2021.

Exhibit P6 TRUE COPY OF THE ROTATION LIST OF THE CANDIDATES IN THE DEPARTMENT OF MALAYALAM DATED NIL.

Exhibit P7 TRUE COPY OF THE MERIT LIST OF THE GUEST LEACTURERS IN THE DEPARTMENT OF SANSKRIT NYAYA DATED 10.06.2021.

Exhibit P8 TRUE COPY OF THE ROTATION LIST OF THE CANDIDATES IN THE DEPARTMENT OF SANSKRIT GENERAL DATED NIL.

Exhibit P9 TRUE COPY OF THE MERIT LIST OF THE CANDIDATES IN THE DEPARTMENT OF COMPARAVTIVE LITERATURE DATED 02.06.2021. WP(C) NO. 13401 OF 2021

Exhibit P10 TRUE COPY OF THE RANK LIST OF THE QUEST LECTURER IN THE DEPARTMENT OF SANSKRIT SAHITHYA DATED NIL.

Exhibit P11 TRUE COPY OF THE ROTATION LIST OF THE CANDIDATES IN THE DEPARTMENT OF SANSKRIT, SAHITHYA DATED NIL.

Exhibit P12 TRUE COPY OF THE ROTATION LIST OF THE CANDIDATES IN THE DEPARTMENT OF CENTRE FOR TRANSLATION STUDIES DATED NIL.

Exhibit P13 TRUE COPY OF THE ROTATION LIST OF THE CANDIDATES IN THE DEPARTMENT OF SANSKRIT VYAKARANA DATED NIL.

Exhibit P14 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(P) NO. 12/2019/SJD DATED 31.10.2019.

Exhibit P15 TRUE COPY OF THE JUDGMENT IN W.A. NO. 36 OF 2019 DATED 13.02.2020 PASSED BY THIS HONBLE COURT.