Kerala High Court
Noushad K.P vs State Of Kerala on 14 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943
WA NO. 272 OF 2022
AGAINST THE INTERIM ORDER DATED 24.01.2022 IN WP(C)
2038/2022 OF HIGH COURT OF KERALA
APPELLANT/5TH RESPONDENT:
MANAGER
ZAMORIN'S GURUVAYURAPPAN COLLEGE,
KOZHIKKODE - 673014.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SRI.P.JERIL BABU
SRI.A.L.NAVANEETH KRISHNAN
RESPONDENTS/WRIT PETITIONERS & RESPONDENTS 1 TO 4:
1 NOUSHAD K. P.
AGED 33 YEARS
S/O.HASSAN KUTTY K. P., KARATTUPARAMBATH HOUSE,
VALIYAPARAMBA P. O., PULIKKAL, MALAPPURAM,
KERALA - 673 637.
2 MOHAMMED MIDIAJ KOZHUKKAL
AGED 28 YEARS
S/O.MUHAMMED BASHEER, KOZHUMMAL, KOZHUKKAL
HOUSE, PATTUVAM P. O., TALIPARAMBA, KANNUR,
KERALA - 670 143.
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION
DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
:2:
W.A.No.272 of 2022
&
WP(C).No.2038 of 2022
4 UNIVERSITY GRANTS COMMISSION - UGC
BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110 002,
REPRESENTED BY ITS CHAIRMAN.
5 CALICUT UNIVERSITY
CALICUT UNIVERSITY P. O., THENHIPALAM,
MALAPPURAM - 673635, REPRESENTED BY ITS
REGISTRAR.
6 VICE CHANCELLOR
CALICUT UNIVERSITY P. O., THENHIPALAM,
MALAPPURAM - 673635.,
REPRESENTED BY ITS REGISTRAR.
BY ADVS.
SRI.THOMAS ABRAHAM
SRI.ANANTHA PADMANABHAN
SRI.S.KRISHNAMOORTHY, CGC
SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
SRI.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SRI.THAYYIB SHA P.S.
SRI.PAUL BABY
BY GOVT.PLEADER SRI.BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.03.2022, ALONG WITH WP(C).2038/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:3:
W.A.No.272 of 2022
&
WP(C).No.2038 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943
WP(C) NO. 2038 OF 2022
PETITIONERS:
1 NOUSHAD K.P., AGED 33 YEARS
S/O. HASSAN KUTTY K P, KARATTUPARAMBATH HOUSE,
VALIYAPARAMBA P.O, PULIKKAL, MALAPPURAM,
KERALA 673 637
2 MOHAMMED MIDLAJ KOZHUKKAL, AGED 28 YEARS
S/O MOHAMMED BASHEER KOZHUMMAL, KOZHUKKAL
HOUSE, PATTUVAM P.O, THALIPARAMBA, KANNUR
KERALA 670 143
BY ADVS.
SRI.THOMAS ABRAHAM
SRI.MERCIAMMA MATHEW
SRI.R.ANANTHAPADMANABAN
SRI.THAYYIB SHA P.S.
SRI.PAUL BABY
SRI.ASWIN.P.JOHN
SRI.ANIL K.NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
:4:
W.A.No.272 of 2022
&
WP(C).No.2038 of 2022
HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF
KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 UNIVERSITY GRANTS COMMISSION- UGC
BAHADUR SHAH ZAFAR MARG, NEW DELHI 110 002
REPRESENTED BY ITS CHAIRMAN
3 CALICUT UNIVERSITY
CALICUT UNIVRSITY P.O, THENHIPALAM, MALAPPURAM
673 635 REPRESENTED BY ITS REGISTRAR
4 VICE CHANCELLOR, CALICUT UNIVERSITY P.O,
THENHIPALAM, MALAPPURAM 673 635 REPRESENTED BY
ITS REGISTRAR
5 MANAGER, ZAMORIN'S GURUVAYURAPPAN COLLEGE,
KOZHIKODE 673 014
BY ADVS.
SRI.S.KRISHNAMOORTHY, CGC
SRI.GEORGE POONTHOTTAM (SR.)
SRI.NAVANEETH KRISHNAN
SRI.P.JERIL BABUBY
BY GOVT.PLEADER SRI.BIJOY CHANDRAN
SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.03.2022, ALONG WITH WA.272/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:5:
W.A.No.272 of 2022
&
WP(C).No.2038 of 2022
JUDGMENT
A.K.Jayasankaran Nambiar, J.
This Writ Appeal is preferred by the Manager of Zamorin's
Guruvayurappan College, aggrieved by an interim order dated
24.01.2022 of a learned Single Judge in WP(C).No.2038 of 2022. By the
said interim order, the learned Single Judge, taking note of the
judgment dated 18.11.2021 of another learned Single Judge in
W.P(C).No.5195 of 2021, restrained the appellant from proceeding with
the holding of a selection for appointment of Assistant Professors in the
Commerce Department of the Zamorin's Guruvayurappan College
affiliated to the Calicut University.
2. When the matter came up for admission before us, we called
for the Writ Petition itself so that the same could be heard along with
this appeal and another connected appeal ie. W.A.No.221 of 2022 that
was preferred against the judgment dated 18.11.2021 in
WP(C).No.5195 of 2021. By a separate judgment dictated today, we
have allowed W.A.No.221 of 2022 by setting aside the judgment of the
W.A.No.272 of 2022
&
WP(C).No.2038 of 2022
learned Single Judge in WP(C).No.5195 of 2021. We have, while doing
so, found that there was no warrant for the learned Single Judge to
have directed the consideration of Post Graduate Degree holders in
Management to the vacancies notified of Assistant Professors in the
Department of Commerce. Following the said judgment, which we find
applicable to the facts in the instant Writ Appeal, we set aside the
interim order dated 24.01.2022 of the learned Single Judge and allow
the Writ Appeal. For the same reason, we also dismiss WP(C).No.2038
of 2022 taking note of the directions issued in the judgment dated
14.03.2022 in W.A.No.221 of 2022 where we had directed the Calicut
University to consider the representation preferred by the petitioners in
that Writ Petition.
3. Before parting with this Writ Appeal, we might also observe
that at the time of admitting the Writ appeal, it was brought to our
notice by the learned Senior counsel for the appellant Sri.George
Poonthottam that the Government had in connection with the selection
procedure for selecting the Assistant Professors in the Department of
Commerce, nominated Sri.M.G.Ranjith Kumar, Additional Secretary to
Government, presently on duty as Managing Director, KSWCFC, as the
Government representative to the Staff Selection Committee of the
W.A.No.272 of 2022
&
WP(C).No.2038 of 2022
college, inter alia, for filling up the teaching post of Assistant Professor
in Commerce. We are told that, in view of the pendency of the Writ
Appeal before this Court, the selection procedure was deferred. We
make it clear that inasmuch as the Writ Appeal has now been allowed
and the Writ petition itself dismissed, the appellant herein can proceed
with the selection process and to enable the same the 1 st respondent
Government shall ensure that its nominee as above shall be deputed for
the purpose so that the selection process can be held without any
further delay.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mns
W.A.No.272 of 2022
&
WP(C).No.2038 of 2022
APPENDIX OF WP(C) 2038/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED
18-11-2021 OF THIS HON'BLE COURT IN
W.P(C) NO. 5195 OF 2021
Exhibit P2 THE TRUE COPY OF THE NOTIFICATION
DATED 15-11-2021 ISSUED BY ZAMORIN'S
GURUVAYURAPPAN COLLEGE , KOZHIKODE
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
DATED 20-12-2021 SUBMITTED BY THE
PETITIONERS
Exhibit P4 THE TRUE COPY OF THE U.O
NO.4733/2013/CU DATED 11.10.2013
ISSUED BY CALICUT UNIVERSITY.
Exhibit P5 THE TRUE COPY OF THE NOTIFICATION
DATED 26.2.2014 WHEREIN THE
REGULATIONS OF CALICUT UNIVERSITY ARE
AMENDED IN TUNE WITH THE UGC
REGULATIONS, 2010.
Exhibit P6 THE TRUE COPY OF THE NOTIFICATION
DATED 26.2.2020 WHEREIN THE UGC
REGULATIONS 2018 ARE IMPLEMENTED IN
TOTO IN CALICUT UNIVERSITY.
Exhibit P7 THE TRUE COPY OF THE QUERY MADE BY AN
W.A.No.272 of 2022
&
WP(C).No.2038 of 2022
AGGRIEVED PERSON NAMED MOHAMMED
THAYYIB K UNDER THE RTI ACT TO ELICIT
THE RELEVANT INFORMATION.
Exhibit P7(a) THE REPLY TO THE QUERIES GIVEN BY THE
SPIO OF 5TH RESPONDENT COLLEGE.
Exhibit P8 THE TRUE COPY OF THE COMMUNICATION
DATED 2.12.2021 ISSUED BY THE
COLLEGIATE EDUCATION DIRECTOR TO THE
DEPUTY DIRECTOR.
Exhibit P8(a) THE TRUE COPY OF THE REPLY DATED
11.1.2022 SENT BY THE DEPUTY DIRECTOR
TO THE DIRECTOR.
Exhibit P9 THE TRUE COPY OF THE QUERY MADE BY AN
AGGRIEVED PERSON BY NAME MOHAMMED
RASHID TO THE 5TH RESPONDENT.
Exhibit P9(a) THE ANSWER TO THE QUERIES IN EXHIBIT
P9 ISSUED BY THE 5TH RESPONDENT.
Exhibit P10 THE TRUE COPY OF THE QUERY UNDER THE
RTI ACT SUBMITTED BEFORE THE DEPUTY
DIRECTOR OF COLLEGIATE EDUCATION,
NORTH ZONE, KOZHIKODE.
Exhibit P10(a) THE TRUE COPY OF THE REPLY FURNISHED
UNDER RTI ACT IN ANSWER TO EXHIBIT
P10.
W.A.No.272 of 2022
&
WP(C).No.2038 of 2022
RESPONDENT EXHIBITS
Exhibit R5(A) TRUE COPY OF THE GOVERNMENT ORDER
BEARING NO. G.O(MS)
471/2020/H.EDN.DATED 30/12/2020
Exhibit R5(B) TRUE COPY OF THE GOVERNMENT
ORDER/LETTER BEARING NO. D2/2021/EDN.
DATED 01/06/2021
//TRUE COPY//
P.A TO JUDGE
