Kerala High Court
Remya.C.R vs The Director Of Collegiate ... on 7 April, 2022
WP(C) NO. 24987 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 24987 OF 2021
PETITIONER/S:
REMYA.C.R.,
AGED 40 YEARS,
D/O.C.S.RAVEENDRAN, ASSISTANT PROFESSOR OF
ENGLISH, SN COLLEGE, CHEMPAZHANTHY, PINCODE-695
587, RESIDENT OF RESMY, TC 3/1310, TK DIVAKARAN
ROAD, PATTOM P.O., TRIVANDRUM-695 004.
BY ADVS.
C.UNNIKRISHNAN (KOLLAM)
D.JAYAKRISHNAN
SHARON S.V.
MAHESH CHANDRAN
VIJAYKRISHNAN S. MENON
RESPONDENT/S:
1 THE DIRECTOR OF COLLEGIATE EDUCATION,
6TH FLOOR, VIKAS BHAVAN, TRIVANDRUM-695 033.
*2 THE VICE CHANCELLOR, UNIVERSITY OF KERALA,
SENATE HOUSE CAMPUS, PALAYAM, TRIVANDRUM-695 034.
[DELETED & SUBSTITUTED]
* THE KERALA UNIVERSITY, REPRESENTED BY THE
REGISTRAR, KERALA UNIVERSITY CAMPUS P.O.,
THIRUVANANTHAPURAM.
*(R2 IS SUBSTITUTED AS PER ORDER DATED 12/11/2021
IN WP(C)24987/2021).
3 THE MANAGER, SREE NARAYANA TRUSTS KOLLAM,
POST BOX NO.63, KOLLAM-691 001.
4 THE PRINCIPAL, SREE NARAYANA COLELGE,
CHEMPAZHANTHY, TRIVANDRUM-695 587.
WP(C) NO. 24987 OF 2021 2
#5 ADDL.R5:
SMT.NAYANA KONATH,
ASSISTANT PROFESSOR IN ENGLISH, SREE NARAYANA
COLLEGE, CHEMPAZHANTHY, TRIVANDRUM - 695 587.
# [ ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
31.03.2022 IN I.A.4/2022 IN WP(C)24987/2021.]
**6 ADDL.R6:
THE VICE CHANCELLOR
UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
PALAYAM, TRIVANDRUM - 695 034.
** [ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED
31.03.2022 IN I.A.7/2022 IN WP(C)24987/2021.]
BY ADVS.
SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
A.N.RAJAN BABU
M.S.RADHAKRISHNAN NAIR
SMT SURYA BINOY, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 24987 OF 2021 3
JUDGMENT
The petitioner states that she is working as an Assistant Professor in
the S.N. College, Chempazhanthy, Trivandrum. She has approached this
Court impugning Exhibit-P5 order by which, the petitioner has been
relieved from the College and she has been transferred to the S.N.College,
for Women, Kollam, and for a further direction to the respondents to
permit her to continue in the former College.
2. By an interim order dated 12.11.2021, this Court, taking note of
the fact that the petitioner has been relieved, ordered that the relieving
order shall be subject to the final outcome of the writ petition.
3. When this matter was taken up for consideration,
Sri.C.Unnikrishnan, the learned counsel appearing for the petitioner,
submitted that challenging the order of transfer, the petitioner herein has
preferred Ext.P11 appeal before the Vice Chancellor, the additional 6th
respondent. It is submitted by the learned counsel that for the time
being, the petitioner would be satisfied if necessary directions are issued
to the additional 6th respondent to expeditiously consider Ext.P11 and
take a decision in accordance with law with due notice to the petitioner.
4. I have also heard Sri.Thomas Abraham, the learned Standing
Counsel appearing for the Kerala University, Smt. Anima M., the learned
Government Pleader and Sri.A.N.Rajan Babu, the learned standing counsel
appearing for the respondents 3 and 4.
5. Having regard to the submissions made across the Bar and the
facts and circumstances, I am of the view that this Writ petition can be
disposed of by issuing the following directions:
a) There will be a direction to the Vice-Chancellor, the
additional 6th respondent, to take up, consider and pass
appropriate orders on Ext.P11 as per procedure and in
adherence to the provisions of law, after affording an
opportunity of being heard either physically or virtually,
to the petitioner herein or her authorised representative
and respondents 3 and 4.
b) Orders, as directed above, shall be passed expeditiously,
in any event, within a period of two months from the
date of production of a copy of this judgment.
c) The fact that the petitioner had filed this writ petition on
9.11.2021 and that she was bona fide prosecuting the
same shall be taken note of by the Vice Chancellor and
under no circumstances, shall delay in approaching the
appellate authority be taken as a ground to refuse
consideration of the appeal on its merits.
d) It would be open to the petitioner to produce a copy of the
writ petition along with the judgment before the
concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
DSV
APPENDIX OF WP(C) 24987/2021
PETITIONER (S) EXHIBITS :
Exhibit P1 TRUE COPY OF ICC PROCEEDINGS REPORT
DATED 19.10.2021 SUBMITTED BY THE ICC.
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED
01.11.2021 IN WPC 23694/2021.
Exhibit P3 TRUE COPY OF FIR DATED 02.11.2021 IN
CRIME NO.1893/2021 REGISTERED BY THE
PEROORKADA POLICE STATION PETITIONER.
Exhibit P4 TRUE COPY OF LETTER NO.4(A)/1411 DATED
18.10.2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF RELIEVING ORDER
NO.G1/1232/21 DATED 08.11.2021 ISSUED BY
THE 4TH RESPONDENT.
Exhibit P6 TRUE COPY OF LETTER NO.D2/420/2021 DATED
31.08.2021 ISSUED TO THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE ENVELOPE WITH POSTAL
IDENTITY MARKER NO.RL168838926IN
Exhibit P8 TRUE COPY OF THE TRACKING PAGE FOR THE
POSTAL RECEIPT NO.RL168838926IN
Exhibit P9 TRUE COPY OF REQUEST DATED 05/11/2021.
Exhibit P10 TRUE COPY OF THE POSTAL RECEIPT
NO.RF623388576IN DATED 05/11/2021
Exhibit P11 TRUE COPY OF APPEAL DATED 27.02.2022
SUBMITTED BEFORE THE VICE-CHANCELLOR,
UNIVERSITY OF KERALA.
RESPONDENT (S) EXHIBITS :
Exhibit R3(a) TRUE COPY OF THE PROCEEDINGS
NO.2/SNTO1481 DATED 03.11.2021 OF THE
3RD RESPONDENT.
