Citation : 2022 Latest Caselaw 3474 Ker
Judgement Date : 22 March, 2022
W.P.(C) No.9572 /2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
ND
TUESDAY, THE 22 DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
WP(C) NO. 9572 OF 2022
PETITIONER/S:
R.SREEKANTH,
AGED 45 YEARS,
S/O.RAMACHANDRA VARMA, SREEPADAM, FORT, MAVELIKKARA,
ALAPPUZHA DISTRICT, PIN-690 101.
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF CULTURE,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 KERALA KALAMANDALAM,
(DEEMED TO BE UNVERSITY OF ART AND CULTURE),
VALLATHOL NAGAR, CHERUTHURUTHY, THRISSUR DISTRICT,
PIN-679 531, REPRESENTED BY ITS REGISTRAR.
3 DEPUTY DIRECTOR OF EDUCATION, THRISSUR,
OFFICE OF DEPUTY DIRECTOR OF EDUCATION, CIVIL
STATION, AYYANTHOLE, THRISSUR, PIN-680 003.
SRI P C SASIDHARAN, SC
SMT.ANIMA M, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.9572 /2022 2
JUDGMENT
The petitioner is a Kadhakali (Chenda) Artist. His grievance is that
despite the Kerala Kalamandalam repeatedly requesting the 1st respondent for
sanctioning additional ports for compensating the 33 posts which were shifted
to the UGC scale, no action has been taken by the 1st respondent. The
petitioner contends that the 2nd respondent had prepared a rank list of persons
to be appointed as Instructors pursuant to a notification issued in the year
2017 and the rank list has been published on 7.11.2019 and the same would
expire on 6.11.2022. In the said circumstances, Exhibit-P4 representation was
submitted by the petitioner before the 1st respondent on 18.11.2021. The
grievance is that no action has been taken. It is in the afore circumstances that
the petitioner is before this Court seeking directions.
2. I have heard Sri.V.M.Krishnakumar, the learned counsel appearing for
the petitioner, Smt.Anima M, the learned Government Pleader as well as
Sri.P.C.Sasidharan, the learned Standing Counsel appearing for the University.
3. After having carefully evaluated the contentions raised in this Writ
Petition, the submissions made across the Bar and the facts and circumstances,
I am of the view that this Writ petition can be disposed of at the admission
stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up,
consider and pass appropriate orders on Ext.P4 as per
procedure and in adherence to the provisions of law, after
affording an opportunity of being heard either physically or
virtually, to the petitioner herein or his authorised
representative. The views of the University shall also be taken
into consideration before passing the order.
b) Orders, as directed above, shall be passed expeditiously, in
any event, within a period of two months from the date of
production of a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ
petition along with the judgment before the concerned
respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE
DSV
APPENDIX OF WP(C) 9572/2022
PETITIONER (S) EXHIBITS :
Exhibit P1 TRUE COPY OF REPORT SUBMITTED BY THE KERALA KALAMANDALAM DATED 26.09.2019.
Exhibit P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE VICE CHANCELLOR, KERALA KALAMANDALAM ON 18.12.2020.
Exhibit P3 TRUE COPY OF THE RANK LIST PUBLISHED BY THE 2ND RESPONDENT DATED 07.11.2019.
Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.11.2021.
RESPONDENT (S) EXHIBITS : NIL
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