Anila N.A vs State Of Kerala
2023 Latest Caselaw 38 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                   WP(C) NO. 38097 OF 2022
PETITIONERS:

    1      ANILA N.A
           AGED 35 YEARS
           W/O. BIJU. O.A., AGED 35 YEARS, OLOKKUR HOUSE,
           KOTTANELLOOR P.O., PATTEPADAM,
           THRISSUR - 680 662 (RETIRED ASSISTANT PROFESSOR
           OF MATHEMATICS, S.N. COLLEGE, NATTIKA).
    2      REMYA. R.,
           SUVARNA, KAIRALI NAGAR - 186, VALLIKKEEZHU,
           KAVANADU P.O., KOLLAM-691 003
           (WORKING AS ASSISTANT PROFESSOR OF ECONOMICS,
           S.N. COLLEGE, KOLLAM).
    3      MIDHUN. S.,
           AISWATHY BHAVAN, VALIYAPADAM, VILANTHARA P.O.,
           KOLLAM-690 521.
           (WORKING AS ASSISTANT PROFESSOR OF MATHEMATICS,
           S.N. COLLEGE, KOLLAM).
    4      MANJU RAJAN,
           KKUTTIKKATTU HOUSE, PONNAD P.O., ALAPPUZHA -
           688 538 (WORKING AS ASSISTANT PROFESSOR OF
           ECONOMICS, S.N. COLLEGE, KOLLAM).
    5      PRIYA. R.S.,
           THOPPIL VEEDU, NAIDU JUNCTION, PERUNGUZHI P.O.,
           THIRUVANANTHAPURAM - 695 305
           (WORKING AS ASSISTANT PROFESSOR OF STATISTICS,
           S.N.GURU COLLEGE, CHELANNUR.)
    6      MINI. S.,
           NANDANAM, TC. 14/1328(4), FOREST OFFICE LANE,
           VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014
           (WORKING AS ASSISTANT PROFESSOR OF CHEMISTRY,
           S.N. COLLEGE, KOLLAM)
    7      DR. MAHIMA. S. P.K. KALAM,
           VEMBALLUR P.O., PALAKKAD - 678 5602 (WORKING AS
           ASSISTANT PROFESSOR OF ECONOMICS, S.N. COLLEGE,
           SIVAGIRI, VARKALA).
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                            ..2..

    8     DEEPIKA. V.S.,
          EDAVANA PUTHEN VEEDU, KOIKKALMURI EAST KALLADA
          P.O., KOLLAM-691 502
          (WORKING AS ASSISTANT PROFESSOR OF CHEMISTRY,
          S.N. COLLEGE, SIVAGIRI, VARKALA).
    9     SUJATHA. K.S.,
          CHIRAKKIL HOUSE, VADAKKETHARA, PAZHANGANNUR
          P.O., THRISSUR - 680 587
          (WORKING AS ASSISTANT PROFESSOR OF HISTORY,
          S.N. COLLEGE, CHEMPAZHANTHY).
   10     SINI. S.,
          BEENA BHAVAN, R.R.VRA NO.2 5, RAVIVARMA LANE,
          ATTINGAL P.O., THIRUVANANTHAPURAM - 695 101
          (WORKING AS ASSISTANT PROFESSOR OF ZOOLOGY,
          S.N. COLLEGE, NATTIKA).
         BY ADV M.S.RADHAKRISHNAN NAIR


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER
          EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE DIRECTOR OF COLLEGIATE EDUCATION,
          OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
          6TH FLOOR, VIKAS BHAVAN,
          THIRUVANANTHAPURAM - 695 033.
    3     THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
          KOLLAM, OFFICE OF THE DEPUTY DIRECTOR OF
          COLLEGIATE EDUCATION, CROSS JUNCTION,
          KADAPPAKADA, KOLLAM-691 001.
    4     THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
          THRISSUR, OFFICE OF THE DEPUTY DIRECTOR OF
          COLLEGIATE EDUCATION, PALACE ROAD, CHEMBUKKAVU,
          THRISSUR - 680 020.
    5     THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
          KOZHIKODE, OFFICE OF THE DEPUTY DIRECTOR OF
          COLLEGIATE EDUCATION, MANANCHIRA, KOCHIKODE -
          673 001.
    6     UNIVERSITY OF KERALA,
          REPRESENTED BY REGISTRAR, UNIVERSITY CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM - 695 034.
 WPC.No.38097/2022
                              ..3..

    7       UNIVERSITY OF CALICUT,
            REPRESENTED BY THE REGISTRAR, UNIVERSITY CAMPUS,
            THENJIPPALAM, MALAPPURAM - 673 635.
    8       THE MANAGER,
            S.N. COLLEGES, POST BOX NO. 63, KOLLAM-691 001.
            BY ADVS.
            Thomas Abraham
            A.N.RAJAN BABU

           SRI.P.C.SASIDHARAN -SC,SMT.PARVATHY.K-GP


        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC.No.38097/2022
                              ..4..




                         JUDGMENT

The petitioners say that, though they were validly

selected as Assistant Professors in various colleges under the

Corporate Management of the 8th respondent, same has been

denied approval until now, solely for the reason that there was

no workload to accommodate them, on account of Exts.P16

and P18 subsequent Government orders.

2. Sri.M.S.Radhakrishnan Nair - learned counsel for the

petitioners, vehemently argued that his clients were appointed

pursuant to a notification dated 01.01.2020 issued by the 8 th

respondent and that their selection process was completed by

July-August 2020. He pointed out that, as evident from Exts.P5

to P14, his clients were appointed with effect from 24.09.2020

and therefore, that the rigour of Exts.P16 and P18 orders -

which mandate that weightage for post graduate courses shall

not be considered for the purpose of considering the workload -

cannot detrimentally them. As the concluding contention, he

pointed out that Ext.P15 order of the Government, dated

30.09.2020, in fact, expressly directed the University and the

Director of Collegiate Education to ensure that conditions (1) WPC.No.38097/2022 ..5..

and (2) therein are fully complied; and that this clearly

indicates that, what was intended was that, all appointments

qua notifications prior to it, ought to have been granted

approval. He thus prayed that University be directed to

consider the grant of approval to the appointments of his

clients affirmatively, within a time frame to be fixed by this

Court.

3. In response, Sri.Thomas Abraham - learned

Standing Counsel for the Kerala University and

Sri.P.C.Sasidharan - learned Standing Counsel for the Calicut

University, submitted that the prosposals for approval of

appointments of the petitioners are still pending and that a

final decision on them has not been taken by their clients until

now. They, however, pointed out that Exts.P16 and P18 having

been issued on 01.04.2020 and 11.09.2020 respectively, it

cause some confusion and therefore, that their clients have

been unable to take a final decision. They explained that,

through Ext.P16, the Post Graduate weightage was directed not

to be granted, when assessing the workload, with effect from

09.05.2018; while that date was modified through Ext.P18, WPC.No.38097/2022 ..6..

giving the afore condition retrospectivity from 01.06.2020.

They submitted that since the petitioners were appointed after

that, the Universities are unable to take a final decision as to

whether their appointments should be granted approval.

4. Sri.A.N.Rajan Babu - learned Standing Counsel for

the 8th respondent, submitted that his client initiated the

selection process through a notification dated 01.01.2020 and

that the selection was also completed a few months thereafter,

thus leading to the appointment orders being issued to the

petitioners. He added that, therefore, his client is of the firm

view that the petitioners' appointments are valid and they

should be given approval by the University and the

Government.

5. Smt.Parvathy Kottol - learned Government Pleader,

submitted that Exts.P16 and P18 will certainly have to be kept

in mind by the University, while considering the proposals for

approval to the petitioners; but that the role of official

respondents has not arisen because final decisions have not

yet been taken by them.

6. When I consider and evaluate the afore WPC.No.38097/2022 ..7..

submissions, it is evident that, as of today, the proposals for

approval to the appointments of the petitioners are pending

with the Universities. It is certainly up to them to take a final

decision, adverting to all the relevant and germane inputs

including Exts.P15, P16 and P18.

7. However, I must point out that it is the specific case

of the petitioners and that of the 8th respondent that the

selection process began consequent to the notification dated

01.01.2020; while Ext.P18 order says that all selection and

appointments made from 01.06.2020 shall follow the

conditions stipulated in Ext.P16 order. That apart, Ext.P15

order, as rightly argued by Sri.M.S.Radhakrishnan Nair, is dated

30.09.2020, which mandates that the University and the

Director of Collegiate Education comply with conditions (1) and

(2) therein, while granting approval to their appointments.

There is a certain indication available from all these, and I am

certain that University must hence, look into it in its proper

perspective.

In the afore circumstances, I allow this writ petition and

direct the competent Authorities of the Kerala University and WPC.No.38097/2022 ..8..

the Calicut University to consider the proposals for approval to

the appointments of the petitioners, as forwarded to them by

the 8th respondent; and take an apposite decision thereon after

hearing the petitioners, the colleges concerned and any other

person who may be interested in being heard; thus culminating

in appropriate orders and necessary action thereon, as

expeditiously as is possible, but not later than two months

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

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR WPC.No.38097/2022 ..9..

APPENDIX OF WP(C) 38097/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER NO.

D4/979/2019/DCE SENT BY THE SECOND RESPONDENT TO FIRST RESPONDENT DATED 24.10.2019.

Exhibit P2 TRUE COPY OF THE LETTER NO.

D4/979/2019/DCE SENT BY SECOND RESPONDENT TO FIRST RESPONDENT DATED 24.10.2019.

Exhibit P3 TRUE COPY OF THE LETTER NO.

D2/214/2019/HEDN SENT BY FIRST RESPONDENT TO 2ND RESPONDENT DATED 25.11.2019.

Exhibit P4 TRUE COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY INVITING APPLICATION FOR THE POST OF ASSISTANT PROFESSORS DATED 1.1.2020. Exhibit P5 TRUE COPY OF APPOINTMENT ORDER ISSUED TO FIRST PETITIONER NO.2/SNT/855(4) DATED 24.9.2020.

Exhibit P6 TRUE COPY OF APPOINTMENT ORDER ISSUED TO SECOND PETITIONER NO.2/SNT/844(2). Exhibit P7 TRUE COPY OF APPOINTMENT ORDER ISSUED TO THIRD PETITIONER NO.2/SNT/839(4).DATED 24.9.2020. Exhibit P8 TRUE COPY OF APPOINTMENT ORDER ISSUED TO FOURTH PETITIONER NO.2/SNT/849(5) DATED 24.9.2020.

Exhibit P9 TRUE COPY OF APPOINTMENT ORDER ISSUED TO FIFTH PETITIONER NO.2/SNT/839(2) DATED 24.9.2020.

Exhibit P10 TRUE COPY OF APPOINTMENT ORDER ISSUED TO SIXTH PETITIONER NO.2/SNT/857 DATED 24.9.2020.

Exhibit P11 TRUE COPY OF APPOINTMENT ORDER ISSUED TO SEVENTH PETITIONER NO.2/SNT/839(1) DATED 24.9.2020.

Exhibit P12 TRUE COPY OF APPOINTMENT ORDER ISSUED TO EIGHTH PETITIONER NO.2/SNT/839(3) DATED 24.9.2020.

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Exhibit P13 TRUE COPY OF APPOINTMENT ORDER ISSUED TO NINTH PETITIONER NO.2/SNT/842(7) DATED 24.9.2020.

Exhibit P14 TRUE COPY OF APPOINTMENT ORDER ISSUED TO TENTH PETITIONER NO.2/SNT/854(2) DATED 24.9.2020.

Exhibit P15 TRUE COPY OF THE G.O.(MS) NO.1214/2020/ HEDN ISSUED BY THE 1ST RESPONDENT DATED 30.9.2020.

Exhibit P16 TRUE COPY OF THE G.O.(MS) NO.

155/2020/HEDN. ISSUED BY THE 1ST RESPONDENT DATED 1.4.2020.

Exhibit P17 TRUE COPY OF THE G.O.(MS) NO.

93/2018/HEDN. DATED 9.5.2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P18 TRUE COPY OF THE G.O.(MS) NO.

313/2020/HEDN. DATED 11.9.2020 ISSUED BY THE 1ST RESPONDENT.