Manjula M vs The Director, Institute Of Human ...
2021 Latest Caselaw 20647 Ker

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                          THE HONOURABLE MR. JUSTICE AMIT RAWAL
                TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                                  WP(C) NO. 2840 OF 2012

PETITIONER/S:
                MANJULA M
                JUNIOR SYSTEM ANALYIST, COLLEGE OF APPLIED SCIENCE, NADAPURAM-673
                504, KOZHIKODE.

                BY ADVS.
                SRI.SUNIL V.MOHAMMED
                SRI.B.JITHU
                SMT.MARIAM SHEEN
                SMT.P.R.RASEENA
                SMT.M.S.SHAMNA
                SMT.SANDHYA R.NAIR


RESPONDENT/S:
      1       THE DIRECTOR, INSTITUTE OF HUMAN RESOURCE DEVELOPMENT
              THIRUVANANTHAPURAM-695 001.

      2         THE PRINCIPAL SECRETARY
                HIGHER EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695 001.

      3         SAJEEVKUMAR.C.
                LECTURER IN COMPUTER SCIENCE, COLLEGE OF APPLIED SCIENCE,
                THIRUVAMBADI-686 612.

      4         E.BEENA
                LECTURER IN COMPUTER SCIENCE, COLLEGE OF APPLIED SCIENCE,
                THIRUVAMBADI-686 612.

      5         REJIMON V.R
                LECTURER IN COMPUTER SCIENCE,TECHNICAL HIGHER SECONDARY SCHOOL,
                PALLIPPURAM P.O., CHERTHALA, ALAPPUZHA DISTRICT-688 541.

      6         HARIMON C.M
                LECTURER IN COMPUTER SCIENCE, COLLEGE OF APPLIED SCIENCE,VATTAMKULAM,
                NELLISSERI, SUKAPURAM P.O., EDAPPAL, MALAPPUARAM DISTICT-673 637.

                BY ADVS.
                SRI.DEEPU THANKAN, SC, IHRD
                SRI.S.P.ARAVINDAKSHAN PILLAY
                SRI.S.A.ANAND
                SRI.K.A.BALAN
                SRI.PETER JOSE CHRISTO
                SMT.N.SANTHA

OTHER PRESENT:
              GP SRI JIMMY GEORGE


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE

COURT ON 5.10.2021 DELIVERED THE FOLLOWING:
 WP(C) NO. 2840 OF 2012
                                           2




                                 JUDGMENT

Challenge has been laid to the selection of private respondents 3,

5 and 6 as Junior Lecturer in Institute of Human Resource

Development (IHRD) on various grounds.

2. Succinctly, the facts in brief are that the petitioner while

working as the Junior System Analyst at Model Polytechnic Vatakara,

came across a notification from the Director, IHRD regarding the

seniority list of Junior System Analyst/Computer

Programmer/Technician Grade II for appointment to the post of

Lecturer in Computer Science under 20% posts earmarked for feeder

categories. On the basis of seniority list respondent Nos.3 to 6 were

placed as Serial No.1 to 4 and the petitioner's name was placed as

Serial No.5, Ext.P1. The rank list Ext.P2 reveals that only four

candidates ie., from 1 to 4 in the seniority dated 15.11.2010 ,were

recommended by the selection committee for appointment in reserved

post (20%) of Lecturer in Computer Science.

3. Learned counsel appearing on behalf of the petitioner

submitted that the information received under the RTI revealed that

the qualification was Masters in Computer Science, whereas,

respondents lack the same as evidenced from R3(m) certificate WP(C) NO. 2840 OF 2012

enclosed along with the counter ie, an equivalency certificate of the

Registrar of Mahatma Gandhi University, Kottayam issued in favour of

the 3rd respondent, who is stated to have been a holder of Masters in

Information Technology and not Computer Science. Vide

communication dated 19.2.2014, Ext.P9, IHRD communicated to all

the Head of institutions under IHRD to verify the equivalency

certificate in respect of the teaching faculties working in their

respective institutions. Respondents are holder of post graduate

degree from a distance education mode, which is not recognized by the

Universities of Kerala. The writ petition was filed in February 2012

whereas the selections were made in 15.11.2010 only after receiving

information under the RTI.

4. Learned counsel appearing on behalf of the private

respondent opposed the writ petition stating that it is not the

notification Ext.P1 dated 6.7.2010 but 20.1.2010 where the

qualifications and method of appointment for the post of Lecturer in

Computer Science as per the IHRD Special Rules was First Class

Masters Degree in Computer Science and for feeder categories; (i)

Junior System Analyst (ii) In the absence of above Technician Grade -I

(iii) In the absence of (i) and (ii) above Computer Programmer (iv) In

the absence of (i), (ii), (iii) above, Technician Grade -II. The seniority WP(C) NO. 2840 OF 2012

list Ext.P1(3) is in consonance with the notification Ext.R3(a).

Respondents are from the feeder category and therefore rightly be

recommended. Exts.R3(c), (d), (e), (f) and (g) are the certificates of

Masters in Computer Sciences of the private respondents. Vide

Ext.R3(l) Kannur University recognized the distance education degrees

of M.Sc Computer Science equivalent to M.Sc Computer Science,

thus, the objection of the petitioner is not tenable. As per Ext.R3(k)

letter dated 6.2.2012 of the Director of Students Services and State

Public Information Officer, Kannur University, it was informed that

M.Sc Computer Science (Distance Education) Degree has been

recognized by Kannur University for the purpose of employment.

5. I have heard the learned counsel for the parties and appraised

the paper book and of the view that the petitioner has not approached

the Court with clean hands in not disclosing the true copy of the

notification Ext.R3(a) dated 20.1.2010 as seniority list Ext.P1(3) was

circulated pursuant to such notification, i.e. experience in the feeder

category including the degrees, aforementioned. All the private

respondents are holders of Masters in Computer Science, a

qualification for consideration. Petitioner's position was at Sl.No.5 in

the Seniority list. On circulation of the provisional seniority list, the

petitioner failed to raise any objections with regard to the seniority. WP(C) NO. 2840 OF 2012

Recognition of the degree by the Kannur University is the testimony

that the respondents are eligible.

Writ petition sans merit and is accordingly dismissed.

Sd/-

sab                                              AMIT RAWAL

                                                    JUDGE
 WP(C) NO. 2840 OF 2012



                         APPENDIX OF WP(C) 2840/2012

PETITIONER EXHIBITS

Exhibit P1                TRUE COPY OF THE SENIORITY LIST ISSUES TO

THE PETITIONER BY THE IST RESPONDENT DATED 06.07.2010.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS REGARDING THE APPOINTMENT OF LECTURERS IN COMPUTER SCIENCE DATED 15.11.2010.

Exhibit P3 TRUE COPY OF THE INFORMATION SOUGHT AND REPLY OBTAINED FROM KERALA UNIVERSITY AS PER THE RIGHT TO INFORMATION ACT.

Exhibit P4 TRUE COPY OF THE INFORMATION SOUGHT AND REPLY OBTAINED FROM KANNUR UNIVERSITY AS PER THE RIGHT TO INFORMATION ACT.,

Exhibit P5 TRUE COPY OF THE INFORMATION SOUGHT AND REPLY OBTAINED FROM MAHATMA GANDHI UNIVERSITY AS PER THE RIGHT TO INFORMATION ACT.

Exhibit P6 TRUE COPY OF THE INFORMATION SOUGHT AND REPLY OBTAINED FROM CALICUT UNIVERSITY AS PER THE RIGHT TO INFORMATION ACT.

Exhibit P7 TRUE COPY OF THE CIRCULAR ISSUED BY THE IST RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE IST RESPONDENT.

RESPONDENT EXHIBITS

Exhibit R3(A) TRUE COPY OF THE NOTIFICATION, NO.

EBI/14877/2009/HRD DATED 20.10.2010 OF THE DIRECTOR IHRD.

Exhibit R3(B) TRUE COPY OF THE ORDER NO. EA2/038/2012/HRD DATED 23.09.2014 OF THE DIRECTOR IHRD. WP(C) NO. 2840 OF 2012

PETITIONER EXHIBITS

Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 19.02.2014 ISSUED BY THE IST RESPONDENT.

Exhibit P10 TRUE COPY OF THE CIRCULAR NO.

EA2/038/2012/HRD DATED 24.07.2015 ISSUED BY THE IST RESPONDENT CIRCULAR NO.

EA2/038/2012/HRD DATED 24.07.2015 ISSUED BY THE IST RESPONDENT.

RESPONDENT EXHIBITS

Exhibit R3(C) TRUE COPY OF THE M.SC. COMPUTER SCIENCE, DEGREE CERTIFICATE DATED 04.10.2006 OF THE 3RD RESPONDENT ISSUED BY ANNAMALAI UNIVERSITY.

Exhibit R3(D) TRUE COPY OF THE PROVISIONAL CERTIFICATE DATED 29.09.2009 OF THE 5TH RESPONDENT.

Exhibit R3(E) TRUE COPY OF THE DEGREE CERTIFICATE OF THE 5TH RESPONDENT.

Exhibit R3(F) TRUE COPY OF THE PROVISIONAL CERTIFICATE DATED 29.09.2009 OF THE 6TH RESPONDENT.

Exhibit R3(G) TRUE COPY OF THE DEGREE CERTIFICATE DATED 22.12.2009 OF THE 6TH RESPONDENT.

Exhibit R3(H) TRUE COPY OF THE LETTER NO. 94873/HI/91-1 DATED 17.12.1991 OF THE JOINT SECRETARY TO GOVERNMENT.

Exhibit R3(I) TRUE COPY OF THE GOVERNMENT OF INDIA'S LETTER NO. F.I-188T 13. DATED 25.11.1988 ADDRESSED TO THE REGISTRAR, ANNAMALAI UNIVERSITY.

Exhibit R3(J) TRUE COPY OF THE LETTER NO. P10/286/2012 DATED 21.01.2013 OF THE REGISTRAR, ANNAMALAI UNIVERSITY .

Exhibit R3 (K) TRUE COPY OF THE LETTER NO. WP(C) NO. 2840 OF 2012

RTI/MISC/VOL.VIII/08 DATED 06.02.2012 OF THE DIRECTOR OF STUDENTS, SERVICES AND STATE PUBLIC INFORMATION OFFICER, KANNUR UNIVERSITY.

Exhibit R3(I) TRUE COPY OF THE LETTER NO. ACAD FI/EQ.COM/2003 VOL.II DATED 12.12.2018 OF THE KANNUR UNIVERSITY.

Exhibit R3(M) TRUE COPY OF THE EQUIVALENCY CERTIFICATE NO.

AC.D./01/0670/12 DATED 17.04.2012 OF THE REGISTRAR M.G. UNIVERSITY KOTTAYAM, ISSUED TO THE 5TH RESPONDENT.

Exhibit R1(A) A TRUE COPY OF THE SPECIAL RULES.

Exhibit R1(B) A TRUE COPY OF THE PROCEEDINGS DATED 29/10/2009.