Navamani P vs University Of Calicut
2022 Latest Caselaw 9185 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                       WP(C) NO. 35245 OF 2016


PETITIONER:

          NAVAMANI P, AGED 49 YEARS, W/O.MOHANDAS,
          PAROLILE HOUSE, POST KOLAKKATTUCHALIL,CHELEMBRA,
          MALAPPURAM,LD TYPIST/COMPUTER ASSISTANT GR.II,
          CALICUT UNIVERSITY.

          BY ADV SMT.K.LATHA


RESPONDENTS:

    1      UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR,
           CALICUT UNIVERSITY PO, MALAPPURAM.

    2      VICE CHANCELLOR, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO, MALAPPURAM.

    3      SYNDICATE OF UNIVERSITY OF CALICUT
           REP. BY ITS CHAIRMAN, VICE CHANCELLOR,
           CALICUT UNIVERSITY PO, MALAPPURAM.

    4      ABDUL SHUKOOR P., COMPUTER ASSISTANT, ARABIC
           DEPARTMENT, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    5      P.T.RAJANI, COMPUTE ASSISTANT, HOLLOGRAM, PAREEKSHA
           BHAVAN, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
           673 635

    6      DHANALEKSHMI K.K., COMPUTER ASSISTANT, PSYCHOLOGY
           DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    7      SARADA N., COMPUTER ASSISTANT, PAREEKSHA BHAVAN, PG
           SECTION, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    8      NISHA P., COMPUTER ASSISTANT, NSS OFFICE, UNIVERSITY
           OF CALICUT, CALICUT UNIVERSITY PO 673 635
 WPC 35245/2016
                                  2


     9     MANJULA P., COMPUTER ASSISTANT, PAREEKSHA BHAVAN,
           PG SECTION, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    10     RAJAGOPALAN P., COMPUTER ASSISTANT, COLLEGE
           DEVELOPMENT COUNCIL, ADMINISTRATION BLOCK,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    11     SHEEJA K., PUBLICATION DIVISION, UNIVERSITY OF
           CALICUT, CALICUT UNIVERSITY PO 673 635

    12     SAVITHA PULIYULLATHIL, COMPUTER ASSISTANT,
           ENGINEERING WING, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    13     SHAIJU O., COMPUTER ASSISTANT, B.SC. SECTION,
           PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    14     RADHA M., COMPUTER ASSISTANT, PAREEKSHA BHAVAN,
           EPR SECTION, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    15     BAIJITH KUMAR K.T., COMPUTER ASSISTANT, B.A
           SECTION, PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    16     JOSEPH STANLY A.J., COMPUTER ASSISTANT,
           THRISSUR, CALICUT UNIVERSITY BRANCH 680 115

    17     SAJITH KUMAR T.C., COMPUTER ASSISTANT, PHILOSOPHY
           DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    18     IBRAHIM V., COMPUTER ASSISTANT, PHILOSOPHY
           DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    19     SUPRIYA C., COMPUTER ASSISTANT, PG II - PAREEKSHA
           BHAVAN, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    20     JISHA P., COMPUTER ASSISTANT, DIGITAL WING,
           PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635
 WPC 35245/2016
                                  3


    21     BEENA K., COMPUTER ASSISTANT, EDE, UNIVERSITY OF
           CALICUT, CALICUT UNIVERSITY PO 673 635

    22     SHEELA G.K., COMPUTER ASSISTANT, DIGITAL WING,
           PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    23     BINDU P., COMPUTER ASSISTANT, SDE, TAGORE
           NIKETHAN, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    24     LATHA P., COMPUTER ASSISTANT, DIGITAL WING,
           PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    25     SINDHU A., COMPUTER ASSISTANT, CE'S OFFICER,
           PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    26     SMITHA VENUGOPAL, COMPUTER ASSISTANT, LIFE SCIENCE
           DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    27     REENABAN THALAPPIL, COMPUTER ASSISTANT, DISTANCE
           EDUCATION, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    28     SHEEJA T., COMPUTER ASSISTANT, CHMK LIBRARY,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    29     VINCY THADDEUS, COMPUTER ASSISTANT, WAYANADU,
           CALICUT UNIVERSITY CENTRE 673 018

    30     MANOJ T., COMPUTER ASSISTANT, DEPARTMENT OF
           PHYSICAL EDUCATION, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    31     SATHI P.D., COMPUTER ASSISTANT, TAPAL, PAREEKSHA
           BHAVAN, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    32     SINDHU C.D., B.SC. PAREEKSHA BHAVAN, UNIVERSITY
           OF CALICUT, CALICUT UNIVERSITY PO 673 635
 WPC 35245/2016
                                  4

    33     SREEJAMOL E.T., COMPUTER ASSISTANT, EPR,
           PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    34     JYOTHISHMATHY M., COMPUTER ASSISTANT,
           ENGINEERING DEPARTMENT, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    35     JASMIN C.G., COMPUTER ASSISTANT, MALAYALAM
           DEPARTMENT, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    36     SHEEJA A.S., COMPUTER ASSISTANT, TAGORE
           NIKETHAN,UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    37     RAISY P.V., COMPUTER ASSISTANT, TAGORE NIKETHAN,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
           673 635

    38     SUNETHRA K., COMPUTER ASSISTANT, EDE - SCHOOL OF
           DISTANCE EDUCATION, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    39     ANITHA K.M., COMPUTER ASSISTANT, ENGLISH
           DEPARTMENT, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    40     RAJESH M.P., COMPUTER ASSISTANT, LEGAL CELL,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    41     SATHEEDEVI C., COMPUTER ASSISTANT, CHEMISTRY
           DEPARTMENT, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    42     BEENA ADLEIN O.X., COMPUTER ASSISTANT, EDUCATION
           DEPARTMENT, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    43     MINI A., COMPUTER ASSISTANT, CENTRE FOR HEALTH
           SCIENCE, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    44     SHINE RAJ, COMPUTER ASSISTANT, KOTTAYAM, MG
           UNIVERSITY ON DEPUTATION, 686 108
 WPC 35245/2016
                                  5

    45     SHEEJA K., COMPUTER ASSISTANT, FOLKLORE
           DEPARTMENT, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    46     M.SAJNA, COMPUTER ASSISTANT, EDPC, ADMINISTRATION
           BLOCK, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    47     ROOPA K.S., COMPUTER ASSISTANT, PRESS, UNIVERSITY
           OF CALICUT, CALICUT UNIVERSITY PO 673 635

    48     SWAPNA N., COMPUTER ASSISTANT, DEAN'S OFFICE,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
           673 635

    49     SINDU M., COMPUTER ASSISTANT, PHYSICS DEPARTMENT,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
           673 635

    50     KHADEEJA E., COMPUTER ASSISTANT, SDE, TAGORE
           NIKETHAN, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    51     SONITHA K., COMPUTER ASSISTANT, EDPC, UNIVERSITY
           OF CALICUT, CALICUT UNIVERSITY PO 673 635

    52     SREEJITH K., COMPUTER ASSISTANT, POLITICAL
           SCIENCE, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    53     REMANI M.P., COMPUTER ASSISTANT, ENGINEERING
           DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    54     MINI CHANDROTH, COMPUTER ASSISTANT, FINANCE,
           COMPUTER CELL, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    55     JAFAR O., COMPUTER ASSISTANT, MEN'S HOSTEL,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    56     BIJEESH K., PG SECTION,COMPUTER ASSISTANT,
           PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635
 WPC 35245/2016
                                  6

    57     VALAREENA RODRIGUES, COMPUTER ASSISTANT,
           HOLLOGRAM, PAREEKSHA BHAVAN, UNIVERSITY OF
           CALICUT, CALICUT UNIVERSITY PO 673 635

    58     RAJESHKUMAR K.P., COMPUTER ASSISTANT, CONTROLLER
           OF EXAMINATION'S OFFICE, PAREEKSHA BHAVAN,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    59     SAJINA SIVARAJ, COMPUTER ASSISTANT, FINANCE,
           ADMINISTRATION BLOCK, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    60     RANI P., COMPUTER ASSISTANT, EDE - SCHOOL OF
           DISTANCE EDUCATION, UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    61     REMA M., COMPUTER ASSISTANT, EPR, PAREEKSHA
           BHAVAN, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    62     SARITHA P.S., COMPUTER ASSISTANT, EDE-SCHOOL OF
           DISTANCE EDUCATION,UNIVERSITY OF CALICUT,
           CALICUT UNIVERSITY PO 673 635

    63     SETHU LAKSHMI P.M., COMPUTER ASSISTANT, BOTANY
           DEPARTMENT, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    64     SHAJI A., COMPUTER ASSISTANT, VC'S OFFICE,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY
           PO 673 635

    65     MUMTHAZ SINDU K.V., COMPUTER ASSISTANT, THRISSUR,
           CALICUT UNIVERSITY CENTRE 680118

    66     RADHAMONI R., COMPUTER ASSISTANT, LIFE SCIENCE
           (BACK SIDE OF CHMK LIBRARY), UNIVERSITY OF
           CALICUT, CALICUT UNIVERSITY PO 673 635

    67     REENA VARGHESE, COMPUTER ASSISTANT, DISTANCE
           EDUCATION, UNIVERSITY OF CALICUT, CALICUT
           UNIVERSITY PO 673 635

    68     DAISY E.D., COMPUTER ASSISTANT, COMMERCE BLOCK,
           UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO
           673 635
 WPC 35245/2016
                                       7

           (ADDITIONAL RESPONDENTS 4 TO 68 IMPLEADED AS PER
           ORDER IN IA NO.2270/2017 DATED 10.08.2022)

          BY ADVS.
          SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
          SRI.AMAL KASHA
          SRI.T.B.HOOD
          SMT.M.ISHA


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   10.08.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 35245/2016
                                    8

                          JUDGMENT

The petitioner is presently working as a LD Typist/Computer

Assistant Grade II in the services of the Calicut University. She

says that a notification had been issued by the University on

17.06.2008, calling for candidates to apply to the post in

question; and that there was a condition therein that those who

had applied pursuant to an earlier notification, dated 13.11.1992,

will also be eligible to be considered for appointment for

selection, provided they are not over 50 years of age as on

01.01.2007.

2. The petitioner says that she was entitled to be

considered under the afore provision, because she had been

earlier working in the Calicut University as a temporary worker

for over a decade. She says that, however, when her name was

not considered and excluded from the Rank List, she approached

this Court and obtained Ext.P1 judgment, pursuant to which,

Ext.P2 proceedings were issued by the University, directing her

inclusion in the Rank List, which he has done through Ext.P5. WPC 35245/2016

3. The petitioner concedes that she was thereafter

appointed, but argues that she placing her junior to the various

persons who had obtained lesser marks than her in the selection

process, is illegal and unlawful.

4. The petitioner thus prays that Ext.P5 be set aside to

the extent to which she has been shown as being junior to those

persons who had secured lesser marks than her in the selection

process; and that her seniority be ordered to be refixed.

5. I have heard Smt.K.Latha - learned counsel appearing

for the petitioner; Sri.P.C.Sasidharan - learned Standing Counsel

for the University and Sri.T.B.Hood - learned counsel appearing

for the 4th respondent.

6. As I have already seen above, the petitioner's case is

edificed on the fact that she was working as a temporary

employee under the University prior to the notification dated

17.06.2008. She asserts that there was a condition in the said

notification and even persons who had applied under an earlier

notification, dated 13.11.1992, would be eligible to be considered

for selection, provided they are below 50 years as on 01.01.2007. WPC 35245/2016

7. It is, therefore, indubitable that the factum of the

petitioner having applied under the earlier notification dated

13.11.1992 was sine qua non for being considered for

appointment under new notification dated 17.06.2008.

8. However, when one examines Ext.P1 judgment

delivered by a learned Judge of this Court as early as on

16.07.2013, it is evident that it was found that there were no

materials to show that the petitioner had made an application as

per the notification dated 13.11.1992. However, taking note of

the fact that she was working as a temporary worker under the

University, empathy was extended to her, directing the University

to consider her case "sympathetically", adverting to the

declaration that she had applied under the notification dated

13.11.1992. It is indubitable that though this Court did not find

her to have applied under the notification dated 13.11.1992, she

was given the lenitude of being fictionally considered so, solely

based on the declaration, which she made after Ext.P1 judgment

had been delivered.

9. Obviously, therefore, the petitioner's case cannot be WPC 35245/2016

seen to be on par with that of other candidates, who had applied

under the notification dated 17.06.2008.

10. That apart, I find favour with the submissions of

Sri.P.C.Sasidharan - learned Standing Counsel for the University,

that Ext.P5 Rank List could not have been challenged by the

petitioner, without having assailed Ext.P2, proceedings, as per

which she was ordered to be inlcuded in the selection process. In

fact, he vehemently pointed out that, as is evident from Ext.P2

proceedings, the petitioner's inclusion in the Rank List was on the

specific condition that it will not upset the seniority of other

candidates; and he further explained that this was so provided

because there was nothing to show that she had applied under

the earlier notification dated 13.11.1992; and then argued that

she was only given an indulgence by the University, based on

Ext.P1 judgment.

11. I must say that I find substantial force in the afore

submissions of Sri.P.C.Sasidharan because, as rightly pointed out

by him and Sri.T.B.Hood - learned counsel for the party

respondent - the petitioner was included in the Rank List only on WPC 35245/2016

account of the directions in Ext.P1 judgment. It is indubitable

therefrom that, though it was proved that the petitioner had

applied under the old Notification dated 13.11.1992, she was still

allowed the liberty of applying under the new Notification dated

17.06.2008, based on a declaration obtained by her that she had

applied under the former. This does not mean that her

application under the old Notification had been affirmed by this

Court; but, on the contrary, it is clear from Ext.P1, that she was

being granted lenitude, taking note of the fact that she had been

working on a temporary basis. This is ineluctable from the

judgment itself, wherein, the learned Judge has recorded that

there was no material to show that she had submitted an

application as per the old Notification and that hence it may not

be possible for this Court to direct the University to consider her

application.

In the afore circumstances and especially because the

petitioner has chosen not to challenge Ext.P2 - through which,

her inclusion in the selection list has been made by a particular

condition - I cannot find favour with her; and consequentially, WPC 35245/2016

am compelled to dismiss this Writ Petition, which I do.

Needless to say, my observations above are only with

respect to the question of seniority of the petitioner claimed over

other candidates and has nothing to do with her selection per se;

and resultantly, all consequences pursuant to that will certainly

be entitled to her as per law.

Sd/-

SAS/RR                                   DEVAN RAMACHANDRAN
                                               JUDGE
 WPC 35245/2016


                 APPENDIX OF WP(C) 35245/2016

PETITIONER EXHIBITS
EXHIBIT P1 :        THE TRUE COPY OF THE JUDGMENT DATED 16-
                    7-2013 IN WPC.NO.12920 OF 2010.

EXHIBIT P2 :        TRUE COPY OF MEMO DATED 24-2-2014 ISSUED
                    BY THE RESPONDENT UNIVERSITY TO THE
                    PETITIONER.

EXHIBIT P3 :        THE TRUE COPY OF THE ORDER ISSUED BY THE

RESPONDENT UNIVERSITY DATED 20-4-2015.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE LD TYPIST TABULATION SHEET OF WRITTEN TEST, PRACTICAL TEST ALONG WITH LD TYPIST INTERVIEW MARK ISSUED BY THE RESPONDENT UNIVERSITY

EXHIBIT P5 TRUE COPY OF THE 2010 REVISED RANK LIST OF LD TYPIST PUBLISHED BY THE RESPONDENT UNIVERSITY BASED ON THE PRESENT POSITION

TRUE COPY OF THE REPRESENTATION EXHIBIT P6 SUBMISSION DATE4D 25.08.2015 FILED BY THE PETITIONER BEFORE THE RESPONDENT UNIVERSITY

TRUE COPY OF THE MEMO DATED 21.10.2015 EXHIBIT P7 ISSUED BY THE RESPONDENT UNIVERSITY REJECTING THE REQUEST OF THE PETITIONER TO GRANT SENIORITY AND PROMOTION

EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE DATED 6TH DAY OF DECEMBER 2010 IN WPC 12920 OF 2010

RESPONDENT EXHIBITS Exhibit R4(a) TRUE COPY OF THE ORDER DATED 23/11/2013 ISSUED BY THE 1ST RESPONDENT UNIVERSITY DECLARING SATISFACTORY COMPLETION OF PROBATION OF THE INCUMBENTS IN THE CADRE OF LD TYPIST