Kerala High Court
The Manager vs State Of Kerala on 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TH
THURSDAY, THE 24 DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
WP(C) NO. 11854 OF 2021
PETITIONER/S:
1 THE MANAGER,
PRAJYOTI NIKETAN COLLEGE,
PUDUKAD, THRISSUR, PIN 680 301
2 THE PRINCIPAL
PRAJYOTI NIKETAN COLLEGE,
PUDUKAD, THRISSUR, PIN 680 301
BY ADVS.
c.v.shaju
P.P.BIJU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT
HIGHER EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
3 THE SECRETARY TO COLLEGIATE EDUCATION
VIKAS BHAVAN, THIRUVANANTHAPURAM 695 001.
4 THE DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS
BHAVAN, THIRUVANANTHAPURAM 695 001.
5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
GOVT. TRAINING COLLEGE COMPOUND,
PALACE ROAD, THRISSUR 20
WP(C) NO. 11854 OF 2021
2
6 UNIVERSITY OF CALICUT
THENHIPALAM P.O., REP. BY THE REGISTRAR,
MALAPURAM DISTRICT 673 635
SRI. P.C. SASIDHARAN, SC,
SMT. ANIMA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 11854 OF 2021
3
JUDGMENT
The Prajyothi Niketan College, Pudukad is an aided private college
affiliated with Calicut University. They contend that, by Ext.P11 order, the
Government, based on letter No.E3/4746/2020 dated 15/12/2020 of the
Deputy Director of Collegiate Education, Thrissur, had nominated Sri. Mathai
N.V., Joint Secretary to Government and Administrative Officer, NORKA
ROOTS as Government representative to the Staff Selection Committee of
the petitioner college for filling up certain vacancies. On the basis of the said
order, the selection committee was constituted and the interview was fixed
for the recruitment of the vacancies mentioned therein. However, due to the
pandemic, the interview could not be conducted. Later, Sri. N.V. Mathai
became physically unfit and expressed his disinclination to be part of the
interview process. In the said circumstances, the petitioners are stated to
have submitted a request before the Government to appoint a nominee and
to constitute a selection committee to fill the teaching post in B.Com. The
grievance of the petitioners is that no action has been taken to date. It is in
the afore circumstances that the petitioners have approached this Court
seeking the following relief:
WP(C) NO. 11854 OF 2021
i) Issue a writ of mandamus or any other appropriate writ or order
directing the respondent 1 to 3 to depute Government nominee for
constituting selection committee to select suitable candidates for
appointment to the posts of Assistant Professors in the Department of
Commerce which is already sanctioned by the Government.
2. When this writ petition was taken up Sri. C.V. Shaju, the learned
counsel appearing for the petitioners submitted that in the light of the law
laid down by this Court in Manger, Pazhassiraja College and Another
Vs. University of Calicut and others [2007 (3) KHC 443], the
Government cannot bypass the statutory obligation cast on it under the
Kerala University Act, 1974 and the Statutes made thereunder by not
deputing its nominees to the selection committee for the posts already
sanctioned.
3. I have heard Smt. Anima, the learned Government Pleader and
considered the submissions advanced.
4. In view of the law laid down by the Division Bench of this Court
in Pazhassiraja (Supra), there will be a direction to the 1st respondent to
depute a Government nominee to constitute the selection committee to
select suitable candidates for appointment to the posts of Assistant
WP(C) NO. 11854 OF 2021
Professors in the Department of Commerce already sanctioned by the
Government. The 1st respondent shall do the needful in any event within a
period of two months from the date of receipt of a copy of this judgment. It
is however made clear that this Court has not expressed anything as to the
workload in the respective departments in the petitioners' educational
institution.
This Writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
NS
WP(C) NO. 11854 OF 2021
APPENDIX OF WP(C) 11854/2021
PETITIONER(S) EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF
G.O.(MS) NO.615/13/H.EDN. DEPT. DATED
12.9.2013
Exhibit P2 TRUE COPY OF THE ORDER U.O.NO.4381/2013/CU
DATED 28.9.2013
Exhibit P3 TRUE COPY OF THE ORDER U.O.NO.5887/2014/ADMN
DATED 20.6.2014 ISSUED BY THE DEPUTY REGISTRAR
OF CALICUT UNIVERSITY.
Exhibit P4 THE TRUE COPY OF COMMUNICATION LETTER
NO.A3-4/02/15/DEPUTY DIRECTOR OFFICE, THRISSUR
DATED 16.9.2015
Exhibit P5 THE TRUE COPY OF THE WORKLOAD FORWARDED BY THE
COLLEGE TO THE DEPUTY DIRECTOR, THRISSUR DT.
27.10.2015.
Exhibit P6 THE TRUE COPY OF THE APPROVAL ORDER OF THE
DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
THRISSUR DT. 16.6.2016
Exhibit P7 THE TRUE COPY OF THE REQUISITION LETTER FROM
2ND PETITIONER, NO.A27/TS/15 DATED 16.5.2015.
Exhibit P8 COPY OF THE JUDGMENT IN WP(C) NO.33826/2020
DATED 2.7.2019 OF THIS HON'BLE COURT.
Exhibit P9 THE TRUE COPY OF THE GO(MS) NO.471/2020/HEDN
DATED 30.12.2020 ISSUED BY THE HIGHER
EDUCATION (D) DEPARTMENT.
WP(C) NO. 11854 OF 2021
Exhibit P10 THE TRUE COPY OF THE REQUEST TO APPOINT A
GOVERNMENT NOMINEE DATED 17.2.2021 BY THE
PRINCIPAL TO THE 2ND RESPONDENT.
Exhibit P10(a) THE TRUE COPY OF REQUEST DATED 24.3.2021 BY
THE MANAGER, TO THE PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM.
Exhibit P11 THE TRUE COPY OF THE ORDER NO.D2/336/2020/HEDN
DATED 4.1.2021 ISSUED BY THE HIGHER EDUCATION
(D) DEPARTMENT.
Exhibit P12 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO.6367 OF 2018, DATED
14/3/2018.
RESPONDENT(S) EXHIBITS : NIL
