Lekshmi .R vs The Kerala University
2022 Latest Caselaw 7802 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 18290 OF 2022
PETITIONERS:

    1       LEKSHMI .R., AGED 39 YEARS, W/O. DR. RAJAKRISHNAN R.,
            GULMOHAR, KLRA-35A, KUNNEL LANE, MUNDAKKAL,
            KOLLAM - 691001.

    2       DR. VIDYA J., AGED 38 YEARS
            DR. MAHESH M.V., PADMANABHA MANDIRAM,
            PALLICKAL P.O., MANJADITHARA,
            KAYAMKULAM, ALAPPUZHA DISTRICT - 690503.

            GEORGE POONTHOTTAM (SR.)
            NISHA GEORGE
            A.L.NAVANEETH KRISHNAN


RESPONDENTS:

    1       THE KERALA UNIVERSITY,
            SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM -
            695034. REPRESENTED BY THE REGISTRAR.

    2       THE SYNDICATE, KERALA UNIVERSITY, SENATE HOUSE CAMPUS,
            PALAYAM, THIRUVANANTHAPURAM - 695034. REPRESENTED BY
            ITS CHAIRMAN.

    3       THE REGISTRAR, KERALA UNIVERSITY, SENATE HOUSE CAMPUS,
            PALAYAM, THIRUVANANTHAPURAM - 695034.

    4       THE MILAD-E-SHERIEF MEMORIAL COLLEGE (M.S.M. COLLEGE)
            KAYAMKULAM-690502, ALAPPUZHA DISTRICT, REPRESENTED BY
            THE MANAGER,

            SRI.THOMAS ABRAHAM, SC.
            JACOB P.ALEX
            JOSEPH P.ALEX
            MANU SANKAR P.
            AMAL AMIR ALI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18290 OF 2022
                                     2


                                 JUDGMENT

The petitioners say that they were appointed as Assistant

Professors on the basis of a valid selection procedure, as

mandated under the provisions of the Kerala University Act

and its Statutes, further asserting that the Selection

Committee which did so contained a nominee of the

Government as is statutorily mandated. They say that even

though the posts against which they were appointed are

sanctioned, the University has not yet taken any decision to

approve the same, though Ext.P8 recommendations have been

made before them by the fourth respondent - College. They,

therefore, pray that the competent Authority of the first

respondent be directed to approve their appointments within a

time frame to be fixed by this Court.

2. Sri.Jacob P.Alex - learned counsel appearing for the

fourth respondent, in response to the afore submissions of

Smt.Ann Maria Francis - learned counsel for the petitioners,

affirmed that Ext.P8 recommendation has been made by his

client because the posts in question were sanctioned by the

Government through Ext.P2. He further explained that even

though, in Ext.P1, the University had concurred for the WP(C) NO. 18290 OF 2022

creation of three posts in the Department of Biotechnology, the

Government chose it fit only to sanction two among them and

that the petitioners have been validly appointed against the

same. He thus agreed with Smt.Ann Maria Francis that the

refusal of the University in approving the said appointments

does not appear to be legally correct.

3. Sri.Thomas Abraham - learned standing counsel for

the University, submitted that this writ petition is unnecessary

and premature because University has not taken any decision

on Ext.P8 as of now. He submitted that they are in the process

of considering the recommendations of the College and that

necessary orders will be issued, taking into account all

germane and relevant aspects.

4. When I consider the afore submissions, it is evident

that, as of now, the University has not taken any final decision

on Ext.P8. But, it must be borne in mind by them that the

posts to which the petitioners have been appointed are stated

to be the ones sanctioned by the Government through Ext.P2.

5. I, therefore, fail to understand why the University

should take so much of time in considering Ext.P8 and arriving

at a decision thereon as per law.

6. Resultantly, I allow this writ petition and direct the WP(C) NO. 18290 OF 2022

competent Authority of the first respondent to take up Ext.P8

recommendation of the fourth respondent - College and issue

appropriate orders thereon, thus approving the appointments

of the petitioners if every other statutory criteria and

imperatives are found satisfied; which shall be done as

expeditiously as is possible, but not later than two months

from the date of receipt of a copy of this judgment.

While doing so, the competent Authority of the University

will certainly advert to Ext.P2 order of the Government

sanctioning two posts of Lecturers in Biotechnology and their

opinion on the same shall be reflected in the resultant order.

Finally, on the petitioners' approval being granted through the

afore exercise, their salary and arrears will be paid to them

within a period of two months thereafter.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 18290 OF 2022

APPENDIX OF WP(C) 18290/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO. AC.F1/2/2017 DATED 15.11.2017 ISSUED BY THE RESPONDENT UNIVERSITY.

Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(MS)NO.471/2020/HEDN DATED 30.12.2020.

Exhibit P3 TRUE COPY OF THE LETTER NO. D2/23/2021/HEDN DATED 25.01.2021 ISSUED BY THE GOVERNMENT.

Exhibit P4 TRUE COPY OF THE NOTIFICATION DATED 23.02.2021 PUBLISHED IN HINDU DAILY.

Exhibit P5 TRUE COPY OF THE LETTER NO.

D2/372/2021/HEDN DATED 25.09.2021 ISSUED BY THE GOVERNMENT.

Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 20.10.2021 ALONG WITH THE COMMUNICATION ISSUED TO THE PRINCIPAL OF THE COLLEGE.

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 20.10.2021 ALONG WITH THE COMMUNICATION ISSUED TO THE PRINCIPAL OF THE COLLEGE.

Exhibit P8 TRUE COPY OF THE LETTER NO. G1/2481/2021 DATED 14.12.2021 ISSUED BY THE PRINCIPAL OF THE RESPONDENT COLLEGE TO THE REGISTRAR OF THE UNIVERSITY.

Exhibit P9 TRUE COPY OF THE COURSE STRUCTURE AND SYLLABUS FOR BIOTECHNOLOGY ISSUED BY THE RESPONDENT UNIVERSITY.