Kerala High Court
Providence Womens College vs State Of Kerala on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 803 OF 2020
PETITIONER:
PROVIDENCE WOMEN'S COLLEGE,
REPRESENTED BY ITS MANAGER,
PROVIDENCE COLLEGE ROAD,
MALAPARAMBA, KOZHIKODE-673009.
BY ADVS.BABY ISSAC ILLICKAL
SRI.ISAAC KURUVILLA ILLIKAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.
4 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
HEAD POST OFFICE, ARAVIND GHOSH ROAD,
MANANCHIRA, KOZHIKODE-673001.
5 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR,
CALICUT UNIVERSITY P.O, MALAPPURAM-673635.
BY ADVS.SMT.RESMI THOMAS, GP
SRI.P.C.SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, ALONG WITH WP(C).475/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.803 & 475/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 475 OF 2020
PETITIONERS:
1 ST. THOMAS COLLEGE, REPRESENTED BY ITS MANAGER,
KOZHENCHERY-689 641.
(BY ITS PRESENT MANAGER HIS GRACE THE MOST
REV.DR.JOSEPH MAR THOMA METROPOLITAN).
2 PRINCIPAL, ST.THOMAS COLLEGE,
KOZHENCHERY-689 641.
(BY ITS PRESENT PRINCIPAL DR.MATHEW P.JOHN).
BY ADVS.BABY ISSAC ILLICKAL
SRI.ISAAC KURUVILLA ILLIKAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF
SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001.
4 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOTTAYAM-686 001.
5 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS
REGISTRAR, PRIYADARSINI HILLS POST,
WP(C) Nos.803 & 475/2020
-3-
KOTTAYAM-686 560.
BY ADVS.SMT.RESMI THOMAS, GP
SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, ALONG WITH WP(C).803/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.803 & 475/2020
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JUDGMENT
[WP(C) Nos.803/2020, 475/2020]
When these matters were called today, it was
submitted by the learned counsel for the
petitioners - Sri.Isaac Kuruvilla Illikal, that
proposals to sanction additional posts to his
clients have been made by the University and are
pending with the Government of Kerala.
2. The learned Government Pleader - Smt.Resmi
Thomas, submitted that she does not have any
instructions as to the present status of the
proposals made by the petitioners; and that she
will require time to ascertain.
3. Even when I hear the learned Government
Pleader as afore, the fact remains that a final
decision as to the sanctioning of the posts, on
the basis of the recommendations made by the
University, will have to be taken by the competent
Authority of the Government. I do not think that,
WP(C) Nos.803 & 475/2020
therefore, it will be necessary to keep these writ
petitions pending on the files of this Court.
Resultantly, I order these writ petitions to
the limited extent of directing the competent
Authority of the State of Kerala to immediately
take up the proposals of the petitioners, stated
to be pending, for sanctioning of additional posts
in their various departments, based on the
recommendations of the University - which was, in
turn, on the basis of the workload assessment made
in an "Adalath" - after affording an opportunity
of being heard to them; thus culminating in an
appropriate order and necessary action thereon, as
expeditiously as is possible, but not later than
two months from the date of receipt of a copy of
this judgment.
I make it clear that this Court has not
entered into the merits of any of the contentions
of the rival parties; and that all of them are
WP(C) Nos.803 & 475/2020
left open to be impelled by them before the
competent Authority, when the afore exercise is
completed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) Nos.803 & 475/2020
APPENDIX OF WP(C) 475/2020
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE MINORITY CERTIFICATE OF
THE PETITIONER DATED OF THE NATIONAL
COMMISSION FOR MINORITY EDUCATIONAL
INSTITUTIONS.
EXHIBIT P2 PHOTOCOPY OF THE ORDER OF THE 5TH
RESPONDENT DATED 20.06.2014.
EXHIBIT P3 PHOTOCOPY OF THE GOVERNMENT ORDER DATED
09.05.2018.
EXHIBIT P4 PHOTOCOPY OF THE POST ADALAT REVIEW
STATEMENT DATED 16.10.2003.
EXHIBIT P5 PHOTOCOPY OF THE GOVERNMENT ORDER DATED
20.08.2010.
EXHIBIT P6 PHOTOCOPY OF THE GOVERNMENT ORDER DATED
12.06.2018.
EXHIBIT P7 PHOTOCOPY OF THE CIRCULAR DATED 04.10.2018
AND TRANSLATION.
EXHIBIT P8 PHOTOCOPY OF THE CONSOLIDATED STATEMENT OF
WORKLOAD AND FIXATION OF STAFF STRENGTH
PROPOSED BY THE ADALATH COMMITTEE ON THE
BASIS OF THE WORKLOAD ADALATH 2018.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
WP(C) Nos.803 & 475/2020
APPENDIX OF WP(C) 803/2020
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE CERTIFICATE OF
ACCREDITATION DT.12.9.2017
EXHIBIT P2 PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE
NATIONAL COMMISSION FOR MINORITY
EDUCATIONAL INSTITUTIONS DT.30.07.2010
EXHIBIT P3 PHOTOCOPY OF THE GOVERNMENT ORDER
DT.12.09.2013 WITH TRANSLATION
EXHIBIT P4 PHOTOCOPY OF THE STATEMENT OF WORKLOAD IN
THE DEPARTMENT OF BOTANY
EXHIBIT P5 PHOTOCOPY OF THE STATEMENT OF WORKLOAD IN
THE DEPARTMENT OF PSYCHOLOGY
EXHIBIT P6 PHOTOCOPY OF THE STATEMENT OF WORKLOAD IN
THE DEPARTMENT OF PHYSIOLOGY
EXHIBIT P7 PHOTOCOPY OF THE GOVERNMENT ORDER
DT.09.05.2018
EXHIBIT P8 PHOTOCOPY OF THE GOVERNMENT ORDER
DT.12.06.2018
EXHIBIT P9 PHOTOCOPY OF THE CIRCULAR DT.04.10.2018
WITH TRANSLATION.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
