Jasmin N. H vs State Of Kerala
2023 Latest Caselaw 2066 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                         WP(C) NO. 3736 OF 2023
PETITIONERS:
     1      JASMIN N. H
            AGED 39 YEARS
            W/O. SHAJAHAN, ELAMPULAVIL HOUSE, BHEEMANAD P. O.,
            KOTTOPPADAM, PALAKKAD DISTRICT, PIN - 678601

     2     THULASI MOL P
           AGED 39 YEARS
           W/O. RAJESH C., CHARATH HOUSE, KARIPPOL P. O., VALANCHERY,
           MALAPPURAM DISTRICT, PIN - 676552

           BY ADV E.M.ABDUL KHADER


RESPONDENTS:
     1      STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER
            EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

     2     THE DIRECTOR OF COLLEGIATE EDUCATION
           VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695001

     3     THE DEPUTY DIRECTOR
           OFFICE OF THE DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION,
           PALACE ROAD, GOVT. TRAINING COLLEGE COMPOUND, THRISSUR, PIN
           - 680020

     4     THE CORPORATE MANAGER OF MES AIDED COLLEGES
           MES OFFICE, MES WOMEN'S COLLEGE CAMPUS, NADAKKAVU,
           KOZHIKODE, PIN - 673006

     5     MES KALLADI COLLEGE
           REPRESENTED BY ITS SECRETARY & CORRESPONDENT, P. O.
           MANNARKKAD, PALAKKAD DISTRICT, PIN - 678583

     6     MES KEVEEYAM COLLEGE
           REPRESENTED BY ITS SECRETARY & CORRESPONDENT, VALANCHERY,
           MALAPPURAM DISTRICT, PIN - 675622


OTHER PRESENT:
            SHRI. SUNIL KUMAR KURIAKOSE. GP.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         2
WP(C) NO. 3736 OF 2023




                         Sathish Ninan, J.
                  ==============================
                     W.P.(C).No.3736 of 2023
                    ==========================
             Dated this the 3rd day of February, 2023

                                 JUDGMENT

Petitioners are working temporarily as Library/Lab/Office

Attendants in 5th and 6th respondent colleges. They possess the

required qualification for appointment to the post of Office

Attendant/Lab, Library Assistant (Last Grade Staff) as

provided under the Calicut University Statutes, 1979.

Petitioners belong to OBC reservation category (Muslim and

Ezhava respectively).

2. Substantial vacancies of Office Attendant and Lab,

Library Assistant arose in the 5 th and 6th respondent colleges.

Because of the delay on the part of the 1 st respondent in

deputing Government Nominee for constituting the Staff

Selection Committee in terms of Statute 43(2) of the Calicut

University Statutes 1979, regular appointments could not be

made. In the meantime, petitioners crossed the upper age limit

WP(C) NO. 3736 OF 2023

of 39 years fixed for reservation category, for getting

regular appointment. It was the inaction on the part of the

respondents and the Covid 19 pandemic that intervened, which

resulted in the above scenario. Seeking relaxation of the

upper age limit, petitioners submitted Ext.P3 representation

before the 1st respondent and the same is pending

consideration. The petitioners seek for a consideration of the

same, after granting an opportunity of hearing to the

petitioners.

3. I notice that in similar matters, as is evidenced by

Exts.P5 and P6 judgments, this Court had directed such

consideration and permitted the petitioners to participate in

the selection process provisionally subject to orders that may

be passed by the 1st respondent on the representation.

Accordingly, the writ petition is disposed of directing

the 1st respondent to consider and pass appropriate orders on

Ext.P3, after affording the petitioners an opportunity of

hearing. The petitioners are also permitted to participate in

the selection process provisionally subject to the orders to

be passed on Ext.P3. Let orders be passed within a period of

WP(C) NO. 3736 OF 2023

two months from the date of receipt of a copy of this

judgment.

Sd/-

Sathish Ninan, Judge rsr

WP(C) NO. 3736 OF 2023

APPENDIX OF WP(C) 3736/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PROCEEDINGS DATED 06/08/2004 OF THE 5TH RESPONDENT BY WHICH THE 1ST PETITIONER WAS APPOINTED AS LIBRARY/LABORATORY/OFFICE ASSISTANT ON MONTHLY PAYMENT

Exhibit P2 A TRUE COPY OF THE PROCEEDINGS DATED 01/06/2013 OF THE 6TH RESPONDENT BY WHICH THE 2ND PETITIONER WAS APPOINTED AS LIBRARY/LABORATORY/OFFICE ASSISTANT ON MONTHLY PAYMENT

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 01/11/2022 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT

Exhibit P4 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W. P. (C) NO. 2158/2021 IN SIMILAR CIRCUMSTANCES, DIRECTING THE MANAGER AND PRINCIPAL OF THE CONCERNED COLLEGE THEREIN TO PERMIT THE PETITIONER THEREIN TO PARTICIPATE IN THE SELECTION PROCESS, SUBJECT TO THE ORDERS TO BE PASSED BY THE 1ST RESPONDENT ON HER REPRESENTATION

Exhibit P5 A TRUE COPY OF THE ORDER DATED 18/11/2021 ISSUED BY THE 1ST RESPONDENT GRANTING AGE RELAXATION IN THE MATTER OF APPOINTMENT OF THE PETITIONER IN EXHIBIT P4 JUDGMENT

Exhibit P6 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W. P. (C) NO. 28262/2022 IN SIMILAR CIRCUMSTANCES