Kerala High Court
Anup C vs Secretary, Nss College Central ... on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 8766 OF 2017
PETITIONERS:
1 ANUP C
'ARUN NIVAS', CHERIYIL, CHERUVALOOR P.O.,
THRISSUR-680308.
2 SMITHA T.
'THOZHUKKATE HOUSE', THEKKUMKARA P.O.,
WADAKKANCHERY-VIA-THRISSUR, PINCODE-680589
3 DEEPA P.
'EDAMANA HOUSE', CHITIANDA P.O.,
WADAKKANCHERY,THRISSUR-680585
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
RESPONDENTS:
1 SECRETARY, NSS COLLEGE CENTRAL COMMITTEE
NSS HEAD OFFICE, CHANGANASSERY, KOTTAYAM-686102
2 THE PRINCIPAL
SRI VYASA NSS COLLEGE, WADAKKANCHERY,
THRISSUR-680623
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATIONS
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION, THRISSUR.
4 DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE
EDUCATION,THIRUVANANTHAPURAM-695001
5 STATE OF KERALA
REP. BY ITS SECRETARY, HIGHER EDUCATION
DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001
6 SUNIL KUMAR A
S/O.A.D.ANANDA PANICKER, AGED 38 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE, WADAKKANCEHRRY,
THRISSUR, PIN-680585.
7 SHIBU K.N
S/O NARAYANAKURUP, AGED 41 YEARS, OFFICE ASSISTANT,
SRI.VYASA N.S.S. COLLEGE, WADAKKANCEHRRY,
THRISSUR, PIN-680585.
8 ASHA NAIR P.G
W/O ANILKUMAR, AGED 40 YEARS, OFFICE ASSISTANT,
WP(C) NO.8766/2017 & Con.Cases
2
SRI.VYASA N.S.S. COLLEGE, WADAKKANCEHRRY,
THRISSUR, PIN-680585.
9 GIRISH KUMAR K.K
S/O KRISHNANKUTTY PILLAI, AGED 35 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCEHRRY, THRISSUR, PIN-680585.
(Additional R6 to R9 are impleaded vide order
dated 05.03.2018 in I.A.No.3123 of 2018)
BY ADVS.
SRI.P.GOPAL
SRI.B.MURALEEDHARAN
SRI.K.T.SHYAMKUMAR
OTHER PRESENT:
SRI JOSHY THANNICKKAMATTAM-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).1459/2021, 23872/2018 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.8766/2017 & Con.Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 8767 OF 2017
PETITIONERS:
1 SANTHOSH T
AGED 37, S/O.SATHYASHEELAN K., RESIDING AT
'KADAVATH HOUSE',PARUTHIPRA P.O., SHORNUR,
PALAKKAD-679121
2 SANDEEP S.
AGED 27 YEARS
AGED 27, S/O.SASISEKHARAN PILLAI, RESIDING AT
'ARAKKAPPARAMBIL HOUSE', THOTTUVATHALA, NEDUMUDY
PO, ALAPPUZHA-688508
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
RESPONDENTS:
1 SECRETARY, NSS COLLEGES CENTRAL COMMITTEE
NSS HEAD OFFICE, CHANGANASSERY, KOTTAYAM-686102
2 THE PRINCIPAL
SRI VYASA NSS COLLEGE, WADAKKANCHERY, THRISSUR-
680623
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION,THRISSUR.
4 DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE
EDUCATION,THIRUVANANTHAPURAM-695001
5 STATE OF KERALA
REP. BY ITS SECRETARY, HIGHER EDUCATION
DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001
6 SUNILKUMAR A
S/O A.D.ANANDA PANICKER, AGED 38 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR, PIN-680585.
7 SHIBU K.N
S/O NARAYANAKURUP, AGED 41 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WP(C) NO.8766/2017 & Con.Cases
4
WADAKKANCHERRY, THRISSUR, PIN-680585.
8 ASHA NAIR P.G
W/O ANILKUMAR, AGED 40 YEARS, OFFICE ASSISTANT,
SRI.VYASA N.S.S. COLLEGE, WADAKKANCHERRY,
THRISSUR, PIN-680585.
9 GIRISH KUMAR K.K
S/O KRISHNANKUTTY PILLAI, AGED 35 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR, PIN-680585.
(Additional R6 to R9 are impleaded vide order
dated 16.02.2018 in I.A.No.2606/2018)
BY ADVS.
SRI.P.GOPAL
SRI.B.MURALEEDHARAN
SRI.K.T.SHYAMKUMAR
SRI JOSHY THANNICKKAMATTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).8766/2017 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8766/2017 & Con.Cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 23872 OF 2018
PETITIONERS:
1 SUNIL KUMAR A
AGED 38 YEARS
S/O.A.D.ANANDA PANICKER, AGED 38 YEARS,
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE, WADAKKANCHERRY, THRISSUR.
2 SHIBU K.N.
AGED 41 YEARS
S/O.NARAYANAKURUP, AGED 41 YEARS,
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE, WADAKKANCHERRY, THRISSUR.
3 ASHA NAIR P.G.
AGED 40 YEARS
W/O.ANILKUMAR, AGED 40 YEARS,
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE, WADAKKANCHERRY, THRISSUR.
4 GIRISH KUMAR K.K.
AGED 35 YEARS
S/O.KRISHNANKUTTY PILLAI, AGED 35 YEARS,
OFFICE ASSISTANT, *(CORRECTED)
SRI. VYASA NSS COLLEGE, WADAKKANCHERRY,
THRISSUR.
BY ADVS.
SRI.K.T.SHYAMKUMAR
SMT.K.N.ABHA
SRI.HARISH R. MENON
SRI.A.G.PRASANTH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE
EDUCATION,THIRUVANANTHAPURAM-695 001.
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
WP(C) NO.8766/2017 & Con.Cases
6
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION,THRISSUR, PIN-676 802.
4 THE SECRETARY
NSS COLLEGE'S CENTRAL COMMITTEE,NSS HEAD OFFICE,
CHANGANASSERY, KOTTAYAM-686 102.
5 THE PRINCIPAL
SRI.VYASA NSS COLLEGE, WADAKKANCHERY,
THRISSUR-680 623.
6 ANUP C.
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE, WADAKKANCHERY, THRISSUR,
RESIDING AT 'ARUN NIVAS',CHERIYIL, CHERUVALOOR PO,
THRISSUR-680 308.
7 SMITHA T.
OFFICE ASSISTANT,*(CORRECTED)
SRI.VYASA NSS COLLEGE,WADAKKANCHERY, THRISSUR,
RESIDING AT THOZHUKKATE HOUSE,THEKKUMKARA PO,
WADAKKANCHERY VIA, THRISSUR,PINCODE -680 589.
8 DEEPA P.
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE,WADAKKANCHERY, THRISSUR,
RESIDING AT EDAMANA HOUSE,CHITIANDA PO,
WADAKKANCHERY, THRISSUR, PINCODE -680 585.
9 SANTHOSH T.
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE,WADAKKANCHERY, THRISSUR,
RESIDING AT KADAVATH HOUSE,PARUTHIPRA PO,
SHORNUR, PALAKKADE-679 121.
10 SANDEEP S.
OFFICE ASSISTANT, *(CORRECTED)
SRI.VYASA NSS COLLEGE,WADAKKANCHERY, THRISSUR,
ARAKKAPPARAMBIL HOUSE, THOTTUVATHALA,NEDUMUDY PO,
ALAPPUZHA-688 508.
*(The name of post held by the petitioners and
respondents 6 to 10 in the cause title of the writ
petition and in the first paragraph of the writ
petition is corrected as 'Office Attender' instead
of 'Office Assistant' as per order dated 6.7.2022
in I.A.No.2 of 2022 in W.P(C)No.23872 of 2018.)
BY ADVS.
GOVERNMENT PLEADER
S.MUHAMMED HANEEFF
M.H.ASIF ALI
SRI JOSHY THANNICKKAMATTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).8766/2017 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8766/2017 & Con.Cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 1459 OF 2021
PETITIONER:
SATHEESH KUMAR K.R
AGED 36 YEARS
S/O. RAMACHANDRAN, WORKING AS LAB ASSISTANT
SRI VYASA NSS COLLEGE, PIN 680 623
RESIDING AT KARUKUNNEL HOUSE, VYASAGIRI P.O,
VADAKKANCHERRY, PIN 680 623
BY ADVS.
T.P.DEYANANTHAN
SRI.A.V.RAMAKRISHNA PANICKER
SRI.S.KRISHNALAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE ADDL. CHIEF SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033
3 REGIONAL DY. DIRECTOR OF COLLEGIATE EDUCATION,
THRISSUR 680 020
4 SECRETARY,
NSS COLLEGE CENTRAL COMMITTEE, PERUNNA,
CHANGANACHERRY 682 101.
5 PRINCIPAL,
SRE VYASA NSS COLLEGE, VYASAGIRI P.O,
VADAKKANCHERRY 680 623.
6 SUNILKUMAR A
S/O A.D.ANANDA PANICKER, AGED 40 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR.
7 SHIBU K.N
S/O NARAYANAKURUP, AGED 43 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR.
WP(C) NO.8766/2017 & Con.Cases
8
8 ASHA NAIR P.G
W/O ANILKUMAR, AGED 42 YEARS, OFFICE ASSISTANT,
SRI.VYASA N.S.S. COLLEGE, WADAKKANCHERRY,
THRISSUR.
9 GIRISH KUMAR K.K
S/O KRISHNANKUTTY PILLAI, AGED 37 YEARS, OFFICE
ASSISTANT, SRI.VYASA N.S.S. COLLEGE,
WADAKKANCHERRY, THRISSUR.
(Additional R6 to R9 are impleaded vide order
dated 6.7.2022 in I.A.No.1 of 2021.)
BY ADVS.
SRI.P.GOPAL
SRI.K.T.SHYAMKUMAR
SHRI.HARISH R. MENON
SRI JOSHY THANNICKKAMATTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2022, ALONG WITH WP(C).8766/2017 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8766/2017 & Con.Cases
9
JUDGMENT
The petitioners in W.P(C)Nos.1459 of 2021, 8766 of 2017,
8767 of 2017 were appointed as Lab Assistants (LA) in the
services of Vyasa NSS College ('College' for short),
Vadakkancherry; while the petitioners in W.P(C)No.23872 of
2018 were appointed as Office Attenders (OA) in the same
College. Both sets of appointments were made at the same
time and the contentions of the petitioners in these two sets of
cases have an unmistakable interplay, which persuades me to
dispose of all these matters through this judgment.
2. The petitioners, who are LAs, were directly recruited,
based on a notification issued by the College, which they say
had full approval and permission of the competent Educational
Authority. A Selection Committee was thereafter constituted,
in which, a nominee of the Government was available, thus
leading to rank list being drawn up, from which the LAs were
appointed in terms of their placement. This is the same
manner in which the OAs were also appointed and there is no
contest to the same in any of these cases.
WP(C) NO.8766/2017 & Con.Cases
3. While so, an objection was raised by the Director of
Collegiate Education - a copy of which is on record as Ext.P8
in W.P(C)No.1459 of 2021, that the LAs were appointed
without having the essential qualification under Statute 41(12)
of the Calicut University (Conditions of Service of Teachers,
Members and Non-teaching Staff ) First Statutes, 1979
(hereinafter referred to as 'the First Statutes' for short).
Interestingly, this led to a cascading set of events, whereby,
the Government - purportedly to help the LAs - downgraded
the post to that of OA for a period of one year, so as to enable
them to obtain the essential qualification as per the afore
provision of the "First Statutes". This order of the Government
is on record as Ext.P10 in W.P(C)No.1459 of 2021.
4. This appears to have been done by the Government
because, as per Statute 41(12) of the "First Statutes", the
acquisition of 'Attender Test' is a prerequisite for being
appointed as Laboratory Assistant, but which test is conducted
by the Public Service Commission (PSC) only for those persons
who are in service as OAs. The predicament which the
WP(C) NO.8766/2017 & Con.Cases
Government, therefore, felt was that the petitioners, being
directly recruited as LAs, were hence without an opportunity
to pass the 'Attender Test' - which they could do only if they
had earlier worked as OAs - and thus downgraded their posts
temporarily to obtain to them such an opportunity in the lower
post and then to permit upgrading of the said posts
subsequently as LAs.
5. The afore set of events and orders of the Government
are challenged by the LAs; while the OAs assail the order of
the Government to upgrade the downgraded posts of LAs,
arguing that, by doing so, their chances of promotions will be
affected. Their specific case is that once the LAs were
downgraded as OAs through the Government Order afore
mentioned, all of them were included within a homogeneous
group and therefore, that common seniority ought to have
been reckoned for the purpose of further promotions to the
post of LAs. They thus impugn Ext.P10 in W.P(C)No.1459 of
2021 - producing it as Ext.P6 series in W.P(C)No.23872 of
2022 - to the extent to which it orders upgrading of the
WP(C) NO.8766/2017 & Con.Cases
downgraded post of LAs, after a period of one year.
6. Before I move forward, I must record the submissions
of Sri.P.Gopal - learned counsel for the College, that
subsequent to the afore events, the petitioner in
W.P(C)No.1459 of 2021 had been promoted as LA through
Ext.P13 order and that the proposal to promote the other LAs,
who were earlier downgraded, have been made to the
Government, which is still pending. He explained that this
was done because Statute 41(12) of the "First Statutes" allow
a person, who is promoted, to acquire the 'Attender Test' in
one of the five successive chances, under the aegis of the PSC.
7. From the sum total of the afore narrative of the facts it
is perspicuous that the LAs have challenged their "down
grading" as OAs, contending that it need not have been done
within the ambit of Statute 66 of the "First Statutes"; while the
OAs assail the up-gradation of the down graded post of LAs
predicating that this could not have been done and that such
persons could only claim promotion along with themselves,
through the sanctioned homogeneous stream.
WP(C) NO.8766/2017 & Con.Cases
8. Obviously, therefore, this Court has to first assess
whether the "down grading" of LAs was proper, or whether it
falls foul of the statutory prescriptions.
9. Sri.P.Gopal explained that, at the time when the
recruitments were made, there were four vacancies in the post
of OAs and five in the post of LAs and that two different
notifications were issued by his client to fill up both these
category of posts, with the sanction of the competent Authority
of the Government. He submitted that two select lists were
thus created for the two category of posts and that same have
been produced on record as Ext.R4(a) (relating to OAs) and
Ext.R4(b) (relating to LAs), along with a counter affidavit in
W.P(C)No.23872 of 2018. He submitted that the selection
process was completed by a Committee, in which a nominee of
the Government was also available; and added that, normally,
direct recruitment to the post of LAs is not attempted because,
going by the "First Statutes", it is a promotion post. He,
however, pointed out that, as per Statute 66 of the "First
Statutes", when qualified persons are not available for
WP(C) NO.8766/2017 & Con.Cases
promotion, the College can embark upon a direct recruitment
in the manner laid down in the Statutes.
10. The learned counsel further submitted that it is thus
and because there were no qualified persons for promotion to
the post of LAs at the relevant time, that his client approached
the jurisdictional Educational Authority, who granted approval
for direct recruitment, leading to the notification thus being
issued. He argued that, therefore, once the direct recruitment
was done to the post of LAs as sanctioned by the "First
Statutes" and under the permission of the
Government/competent Educational Authorities, downgrading
of the same for the purpose of obtaining the 'Attenders Test'
was completely unnecessary and superfluous, particularly
when Statute 41(12) of the First Statutes makes it clear that
even a person in the promoted post will have five successive
chances to obtain the said qualification under an exercise to
be completed by the PSC and that if he fails to do so, he will
require to be removed from service.
11. He concluded his submissions saying that though the
WP(C) NO.8766/2017 & Con.Cases
LAs did not approach this Court within time - particularly in
the case of the petitioner in W.P(C)No.1459 of 2021, the fact
remains that the orders of the Government downgrading their
posts were totally unnecessary and without any basis.
12. Sri.T.P.Deyananthan and Sri.S.Muhammed Haneef -
learned counsel appearing for the various LAs, adopted the
afore submissions of Sri.P.Gopal, saying that once the
notification was issued for a direct recruitment under the
ambit of Statute 66 of the "First Statutes", with the
concurrence of the Government/competent Educational
Authority, leading to the selection being completed by a
Committee in which a nominee of the Government was also
available, the Director of Collegiate Education could not have
raised an objection, as he did, against their clients on the
ground that they had not acquired the 'Attender Test'. They
argued that this objection hinged on an impossible condition
because their clients could not have cleared the 'Attender
Test', unless they are worked as Office Attenders; but it is
because there was no qualified Office Attender that they were
WP(C) NO.8766/2017 & Con.Cases
recruited as LAs directly, which is statutorily permissible.
They asserted that, therefore, instead of downgrading the post
of LAs, the Government ought to have granted their clients the
option of acquiring the 'Attender Test' while in service as LAs,
within the purview of Statute 41(12) of the First Statutes. They
thus prayed that the writ petitions filed by them be allowed.
13. In contradistinction, however, Sri.K.T.Shyam Kumar -
learned counsel for the petitioners in W.P(C)No.23872 of
2018, who were appointed as OAs, submitted that
appointments of the LAs directly was wrong and that they
never ought to have been accommodated to that post without
them having qualified under Statute 41(12) of the First
Statutes. He argued that Government noticed this correctly
and downgraded their posts; but that they could not have then
allowed the benefit of its upgradation to the LAs subsequently;
and could have only given the avenue of promotion to them, as
is normally available under the "First Statutes", after having
obtained the necessary qualification. He submitted that if this
had been done, then his clients and the downgraded LAs
WP(C) NO.8766/2017 & Con.Cases
would have competed for the same promotion, based on
seniority and qualification and that the benefit given to them
by the Government in allowing upgradation of the earlier
downgraded posts, is peremptorily illegal and unlawful.
14. Sri.Joshy Thannickkamattam - learned Government
Pleader, submitted that the orders issued by the Government
downgrading the post of LAs were, in fact, intended to help
them, so that they could obtain the qualification required for
the post, by working as OAs and writing the 'Attenders Test'
conducted by the PSC, which they can do only while so
working. He explained that since the PSC conducts the afore
said examination only for OAs in service, the LAs could not
have obtained that qualification otherwise and that the
Government thus found it necessary to "downgrade" their
posts in such given circumstances. He submitted that, in any
event, the LAs do not suffer any detriment on account of this,
but are only benefited, because their posts have been ordered
to be upgraded again after a one year period.
15. After saying as afore, the learned Government
WP(C) NO.8766/2017 & Con.Cases
Pleader answered the contentions of the petitioners in
W.P(C)No.23872 of 2018, saying that their assertions have no
relevance or value because they were originally appointed as
OAs and would be entitled to promotion only in the usual
course. He argued that since the LAs were appointed directly
to the said post, under Statute 66 of the "First Statutes", they
cannot raise any objection to the same. He argued that,
therefore, even though the post of LAs were downgraded, the
petitioners in this writ petition cannot object to their
upgradation subsequently, because Government was only
offering the LAs what was entitled to them, even at the time of
their initial appointment. He thus prayed that all these writ
petitions be dismissed.
16. I have considered the afore submissions and have
also gone through the various materials on record, as also the
statutory Scheme.
17. As rightly argued by Sri.P.Gopal, Statute 66 of the
"First Statutes", expressly provide that where candidates for
being promoted to higher grades are not available or when
WP(C) NO.8766/2017 & Con.Cases
such persons lack the essential qualification, such posts can be
filled up by direct recruitment by the management in the
manner laid down in the Statutes. It is on the strength of these
provisions that the management approached the
Government/competent Educational Authority for permission
to make notifications, which led to the same being issued by
them subsequently. When the notifications were thus
sanctioned and same has not been withdrawn by the
Government any time thereafter, no challenge to the same can
be countenanced by any person at this time. Pertinently, based
on such notifications, the petitioners in both the set of cases
applied - one of them being appointed to the post of Lab
Assistant and other to the post of Office Attender directly.
18. However, after the appointments were effected,
which was done based on the selection conducted by the
Committee in which a nominee of the Government was also
available, the Deputy Director of Collegiate Education
objected to the appointment of LAs saying that they had not
cleared the 'Attender Test'. Obviously, this objection could not
WP(C) NO.8766/2017 & Con.Cases
have been raised because, the Government had sanctioned
filling up of the post of LAs directly by including a person of
their choice in the Selection Committee, knowing fully well
that the candidates would not have obtained the 'Attender
Test', since they had not worked as OAs prior to it.
19. This objection certainly should have been dealt with
by the Government appropriately in the light of Statute 66 of
the "First Statutes"; but, unfortunately, instead of doing so,
they proceeded, perhaps at the spur of the moment, by issuing
Ext.P10 order in W.P(C)No.1459 of 2021, downgrading the
post of LAs for a period of one year, purportedly allowing them
to work as OAs for that period and be qualified to take the
'Attender Test'. I am afraid that this act of the Government
was completely unnecessary and impermissible because, when
Statute 66 of the "First Statutes" permitted direct recruitment
to the post of LAs, then the provisions of Statute 41(12) ought
to have been harmoniously read along with it and a method
found, so as to allow the directly recruited LAs to obtain the
qualifications in due course.
WP(C) NO.8766/2017 & Con.Cases
20. Indubitably, therefore, the further component of the
said order, to upgrade the post of LAs after one year, would
also be superfluous and without purpose and such direction
could not have visited any detriment to the LAs because they
were, concededly, appointed to that post and no other;
particularly when it is also admitted that the relevant
notification was also to that post and not to the post of OAs.
21. Viewed from the prism of the afore perspective, the
submissions of the petitioners in W.P(C)No.23872 of 2018
would be unnecessary for me to consider because, a valid
cause of action would arise to them only if the LAs had been
demoted as OAs and placed along with them in the
homogeneous group and not otherwise. Even if the post of LAs
has been downgraded through Ext.P10 order in
W.P(C)No.1459 of 2021, it is doubtful whether the OAs would
obtain any cause, when it is sought to be upgraded for the
same reason that I have already recorded above. This is more
so because the OAs have chosen not to challenge Ext.P10
produced in W.P(C)No.1459 of 2021 through which the post
WP(C) NO.8766/2017 & Con.Cases
of LAs was first 'downgraded' and then ordered to be
'upgraded' after one year.
In the afore circumstances, I order these writ petitions in
the following manner:
(a) W.P(C)No.1459 of 2021 is allowed, setting aside
Exts.P8 to P13 orders therein; consequentially directing the
competent Authority of the Government/Educational Authority
to grant permission to the LAs to appear for the 'Attender
Test' in the manner, as has been provided under Statute
41(12) of the First Statute; however, clarifying that if they do
not qualify in it within the chances that are permissible, they
would lose their appointment, being unqualified at the
inception.
(b) W.P(C)Nos.8766 of 2017 and 8767 of 2017 are also
allowed in terms of the afore direction, even though this Court
is cognizant that the order of the Government had not been
specifically challenged, though a declaration has been sought
by the petitioners that their 'downgradation' is illegal. It is
also so declared as a corollary.
WP(C) NO.8766/2017 & Con.Cases
(c) As a resultant of the afore directions, W.P(C)No.23872
of 2018 will stand dismissed.
Needless to say, all consequential benefits to the LAs,
including salary, allowances and such other, shall be made
available to them as if they were never downgraded, subject
however, to the condition that they will clear the 'Attender
Test' within the chances permissible to them under Statute
41(12) of the First Statutes. This shall be done as expeditiously
as is possible, but not later than four months from the date of
receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/12.7
WP(C) NO.8766/2017 & Con.Cases
APPENDIX OF WP(C) 8766/2017
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDERS OF
THE 1ST PETITIONER
EXHIBIT P2 A TRUE COPY OF THE APPOINTMENT ORDERS OF
THE 2ND PETITIONER
EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT ORDERS OF
THE 3RD PETITIONER
EXHIBIT P4 A TRUE COPY OF THE ORDER BEARING NO.
ESTT.E4/37107/2014/COLL.EDN. DATED
1.10.2015 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P4(A) A TRUE COPY OF THE STATEMENT
ACCOMPANYING THE ORDER BEARING NO.
ESTT.E4/37107/2014/COLL.EDN. DATED
1.10.2015 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT TO THE 2ND RESPONDENT
BEARING NO.C6/5099/2016 DATED 6.8.2016
EXHIBIT P6 A TRUE COPY OF THE LETTER BEARING NO. C-
5099/2016 DATED 6.8.2016 SENT BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE LETTER BEARING
NO.E4/37107/2014/COLL.EDN. DATED
26.10.2016 ISSUED BY THE 4TH RESPONDENT
TO THE 3RD RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 2ND RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE LETTER
NO.42154/D2/12/H.EDN. DATED 20.2.2013 OF
THE GOVERNMENT.
EXHIBIT R1(B) TRUE COPY OF THE LETTER OF THE DIRECTOR
OF COLLEGIATE EDUCATION DATED 26.6.2014
EXHIBIT R1(C) TRUE COPY OF THE LETTER
NO.32065/D3/14/H.EDN. DATED 31.5.2015 OF
THE GOVERNMENT
EXHIBIT R1(D) TRUE COPY OF THE ORDER NO.H/5193(2)/2017
DATED 23.9.2017 OF THE 1ST RESPONDENT.
EXHIBIT R1(E) TRUE COPY OF THE ORDER NO.H/5193(3)/2017
DATED 23.9.2017 OF THE 1ST RESPONDENT.
EXHIBIT R1(F) TRUE COPY OF THE ORDER NO.H/5193(5)/2017
DATED 23.9.2017 OF THE 1ST RESPONDENT.
EXHIBIT R1(G) TRUE COPY OF THE LETTER
WP(C) NO.8766/2017 & Con.Cases
NO.G1/EST/2018/810 DATED 22.5.2018 ALONG
WITH THE PROPOSAL IN RESPECT TO THE 1ST
PETITIONER.
EXHIBIT R1(H) TRUE COPY OF THE LETTER
NO.G1/EST/2018/812 DATED 22.5.2018 ALONG
WITH THE PROPOSAL IN RESPECT TO THE 2ND
PETITIONER.
EXHIBIT R1(I) TRUE COPY OF THE LETTER
NO.G1/EST/2018/814 DATED 22.5.2018 ALONG
WITH THE PROPOSAL IN RESPECT TO THE 3RD
PETITIONER.
WP(C) NO.8766/2017 & Con.Cases
APPENDIX OF WP(C) 8767/2017
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER OF
THE 1ST PETITIONER
EXHIBIT P2 A TRUE COPY OF THE APPOINTMENT ORDER OF
THE 2ND PETITIONER
EXHIBIT P3 A TRUE COPY OF THE ORDER BEARING
NO.ESTT.E4/37107/2014/COLL.EDN. DATED
1.10.2015 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P3(A) A TRUE COPY OF THE STATEMENT ACCOMPANYING
THE ORDER BEARING
NO.ESTT.E4/37107/2014/COLL.EDN. DATED
1.10.2015 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT TO THE 2ND RESPONDENT
BEARING NO. C6/5099/2016 DATED 6.8.2016
EXHIBIT P5 A TRUE COPY OF THE LETTER BEARING NO. C-
5099/2016 DATED 6.8.2016 SENT BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE LETTER BEARING NO.E
4/37107/2014/COLL EDN. DATED 26.10.2016
ISSUED BY THE 4TH RESPONDENT TO THE 3RD
RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 2ND RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE ORDER NO.H/5193(1)/2017
DATED 23.9.2017 OF THE SECRETARY, NSS
COLLEGE CENTRAL COMMITTEE
EXHIBIT R1(B) TRUE COPY OF THE ORDER NO.H/5193(4)/2017
DATED 23/9/2017 OF THE SECRETARY, NSS
COLLEGES CENTRAL COMMITTEE.
EXHIBIT R1(C) TRUE COPY OF THE LETTER
NO.G1/EST/2018/809 DATED 22/5/2018 ALONG
WITH THE PROPOSAL IN RESPECT OF THE 1ST
PETITIONER SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE 4TH RESPONDENT.
EXHIBIT R1(D) TRUE COPY OF THE LETTER
NO.G1/EST/2018/813 DATED 22/5/2018 ALONG
WITH THE PROPOSAL IN RESPECT OF THE 2ND
PETITIONER SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE 4TH RESPONDENT.
WP(C) NO.8766/2017 & Con.Cases
APPENDIX OF WP(C) 23872/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 17-5-2014
APPROVING THE APPOINTMENTS OF THE
PETITIONERS.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 23-6-
2015 OF THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 1-10-2015
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26-10-2016
ISSUED BY THE 2ND RESPONDENT TO THE 3RD
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE SENIORITY LIST OF NON
TEACHING AS ON 1-1-2016.
EXHIBIT P6 TRUE COPY OF THE INDIVIDUAL
REPRESENTATION DATED 2-12-2017 SUBMITTED
BY THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P6(A) TRUE COPY OF THE INDIVIDUAL
REPRESENTATION DATED 2-12-2017 SUBMITTED
BY THE 2ND PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P6(B) : TRUE COPY OF THE INDIVIDUAL
REPRESENTATION DATED 2-12-2017 SUBMITTED
BY THE 3RD PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P6(C) TRUE COPY OF THE INDIVIDUAL
REPRESENTATION DATED 2-12-2017 SUBMITTED
BY THE 4TH PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR
UPGRADATION OF THE POSTS HELD BY THE 6TH
RESPONDENT.
EXHIBIT P7(A) TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR
UPGRADATION OF THE POSTS HELD BY THE 7TH
RESPONDENT.
EXHIBIT P7(B) TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR
UPGRADATION OF THE POSTS HELD BY THE 8TH
RESPONDENT.
EXHIBIT P7(C) TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR
WP(C) NO.8766/2017 & Con.Cases
UPGRADATION OF THE POSTS HELD BY THE 9TH
RESPONDENT.
EXHIBIT P7(D) TRUE COPY OF THE APPLICATION DATED 22-5-
2018 SUBMITTED BY THE 5TH RESPONDENT FOR
UPGRADATION OF THE POSTS HELD BY THE
10TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE G.O(MS) 278/2022/H.EDN.
DATED 05/06/2022
RESPONDENTS EXHIBITS
ANNEXURE R3(A) A TRUE P[HOTO COPY OF THE LETTER
NO.32065/D3/14/H.EDN DATED 31.5.2015.
ANNEXURE R3(B) TRUE COPY OF THE INTERIM ORDER IN
W.P(C)NO.8766/2017 DATED 7.4.2017.
ANNEXURE R3(C) A TRUE COPY OF THE INTERIM ORDER IN
W.P(C)NO.8767/2017 DATED 07.04.2017.
ANNEXURE R3(D) A TRUE COPY OF THE COMMUNICATION
NO.H/4809/2018 DATED 16.8.2018.
ANNEXURE R4(A) TRUE COPY OF THE SELECT LIST PUBLISHED
BY THE SELECTION COMMITTEE DATED
23.7.2013 FOR THE POST OF LAST GRADE
SERVENTS.
ANNEXURE R4(B) TRUE COPY OF THE SELECT LIST PUBLISHED
BY THE SELECTION COMMITTEE FOR
APPOINTMENT TO THE VACANCIES OF LAB
ASSISTANT IN THE COLLEGE DATED
31.7.2013.
WP(C) NO.8766/2017 & Con.Cases
APPENDIX OF WP(C) 1459/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF S.S.L.C
EXAMINATION OF MARCH 2002 OF THE
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF HIGHER
SECONDARY EXAMINATION IN 2002-2003 OF
THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF B.COM
DEGREE DATED 29-04-2009 OF THE
PETITIONER.
EXHIBIT P4 TRUE COPY OF THE SUBORDINATE SERVICE
RULES OF COLLEGIATE EDUCATION DEPARTMENT
1967 RELEVANT PAGES)
EXHIBIT P5(a) THE TRUE COPY OF NOTIFICATION DATED 7-
05-2011 IN THE MALAYALA MANORAMA DAILY
EXHIBIT P5(b) THE TRUE COPY OF NOTIFICATION DATED 11-
05-2011 IN THE INDIAN EXPRESS
EXHIBIT P5(c) THE TRUE COPY OF NOTIFICATION DATED 11-
05-2011 IN THE HINDU DAILY
EXHIBIT P6 TRUE COPY OF THE LETTER NO. E4
32827/2011/COLL. EDU DATED 25-01-2013
EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER ORDER NO. H. 5196/2013
DATED 08-08-2013 OF THE 4TH RESPONDENT
EXHIBIT P8 TRUE COPY OF THE LETTER NO. E4-
37107/2014/COLL EDN DATED 26-06-2014
EXHIBIT P9 TRUE COPY OF THE ORDER NO. H 5196/2013
DATED 21-11-2014 OF THE 4TH RESPONDENT
EXHIBIT P10 TRUE COPY OF THE GOVERNMENT ORDER NO.
32065/D3/14/H.EDN DATED 31-05-2015
EXHIBIT P11 TRUE COPY OF THE ORDER E4-37107/2014
COLL. EDN. DATED 01-10-2015 APPROVING AS
OFFICE ATTENDANT
EXHIBIT P12 TRUE COPY OF THE ORDER NO. H 6224/2016
DATED 20-08-2016 OF THE 4TH RESPONDENT
EXHIBIT P13 TRUE COPY OF THE ORDER NO. H.
7086(3)/2016 DATED 14-11-2016 OF THE 4TH
RESPONDENT.
EXHIBIT P14 THE TRUE COPY OF THE LETTER
NO.E4/34503/2020DCE DATED 5.2.2021 WITH
ENGLISH TRANSLATION.
RESPONDENTS EXHIBITS
WP(C) NO.8766/2017 & Con.Cases
EXHIBIT R4(A) TRUE COPY OF THE LETTER OF THE
GOVERNMENT DATED 20.2.2013.
