Kerala High Court
Priyadarshini V vs Central University Of Kerala on 6 January, 2023
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. 33773 OF 2022
PETITIONER:
PRIYADARSHINI V
AGED 44 YEARS
W/O. AJITHKUMAR. G., RESIDING AT
PLOT NO.3., PRAGAATI., MARUTHAM NAGAR
EXTENTION.,VADAVALLI.,
COIMBATORE-641 041.
BY ADVS.
NIRMAL V NAIR
M.ANEESH
ARATHI PRABHAKARAN
MUHAMMED NASEEF BIN SALIM
GOURI MEEMPAT
RESPONDENTS:
1 CENTRAL UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, TEJASWINI HILLS, PERIYE
P.O., KASARGOD- 671 320
2 THE VICE CHANCELLOR,
CENTRAL UNIVERSITY OF KERALA, TEJASWINI
HILLS. PERIYE P.O, KASARGOD- 671 320.
3 V.S.PRADEEP KUMAR,
DEPUTY REGISTRAR, CENTRAL UNIVERSITY OF
KERALA, TEJASWINI HILLS. PERIYE P.O, KASARGOD- 671 320.
BY ADVS.
K.RAMAKUMAR (SR.)
T.RAMPRASAD UNNI
S.M.PRASANTH
K.G.RAJEESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33773 OF 2022
2
JUDGMENT
The petitioner impugns Ext.P19 order,
issued by the Central University consequent to
the direction of this Court in Ext.P16
judgment, on various grounds, including that it
is a cursory one, without any reasons shown
therein for the conclusions recorded.
2. I do not propose to go into the merits
of any of the contentions of the rival parties
in detail, since am of the firm view that the
matter will require to be reconsidered by the
Central University, adverting to Ext.P16
judgment, for the reasons that I will
presently state.
3. When one reads Ext.P19, it becomes
limpid that the Vice Chancellor has taken the
view that, as per Rule 32(b) of the Cadre
Recruitment Rules (CRR) of the Central
University of Kerala, certain categories of
persons are entitled for age relaxation and
WP(C) NO. 33773 OF 2022
then immediately proceeds to hold that said
benefit given to the 3rd respondent is
"justified". However, the order does not speak
in any manner as to how the 3rd respondent is
eligible for the relaxation under Rule 32(b) of
the CRR, particularly when the petitioner has a
specific case that he was originally working in
the Indian Tourism Development Corporation and
hence not within the enumerated categories of
persons mentioned in the said group.
4. That apart, Ext.P19 does not speak
about the reasons which guided the Authority
to hold that the relaxation given to the 3rd
respondent was justified. I am not saying that
the decision is wrong, but only that it is not
supported by any reason which would enable this
Court to evaluate its merits one way or the
other.
5. This is more so because, relying on
paragraph 3 of Ext.P21, the petitioner asserts
WP(C) NO. 33773 OF 2022
that the instructions therein are applicable to
Central Government Civilian Employees holding
civil posts but not to personnel working in
autonomous and statutory bodies. This has not
even been adverted to in Ext.P19.
6. I am, therefore, of the firm view that
the matter will require to be reconsidered,
after hearing both sides, so that a new order
can be issued, recording the specific reasons
as to why the 3rd respondent should be entitled
to age relaxation or otherwise.
In the afore circumstances and for the sole
reasons above, I order this writ petition and
set aside Ext.P19; with a consequential
direction to the competent Authority of the
Central University to reconsider the matter in
terms of Ext.P16 judgment, after hearing the
parties again; thus culminating in an
appropriate order and necessary action thereon,
as expeditiously as is possible, but not later
WP(C) NO. 33773 OF 2022
than three months from the date of receipt of a
copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 33773 OF 2022
APPENDIX OF WP(C) 33773/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE SELECT LIST NO.
CUK/EMPLOYMENT NOTIFICATION NT-1/2018 DATED
24.12.2020 ISSUED BY THE 1ST RESPONDENT.
Exhibit P1(A) A TRUE COPY OF THE APPOINTMENT ORDER NO.
CUK/NT/PF-143/PKVS/2020 DATED 03.02.2021
ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 A TRUE COPY OF THE NOTIFICATION NO.CUK/EN/NT
01/2018 DATED 10.06.2019 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
APPLICATION DATED 16.07.2019 SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT.
Exhibit P4 A TRUE COPY OF THE LIST OF SCREENED
CANDIDATES DATED 23.11.2020 RELEASED BY THE
1ST RESPONDENT.
Exhibit P5 A TRUE COPY OF THE FINAL JUDGMENT IN WP(C)
NO. 24591 OF 2020 DATED 24.11.2020 BY THE
HON'BLE HIGH COURT OF KERALA.
Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF THE SELECTION
COMMITTEE DATED 23.11.2020 RELEASED UNDER RTI
LETTER NO. CUK/ARA-CPIO/2021/4837 DATED
18.08.2021 BY THE 1ST RESPONDENT.
Exhibit P7 A TRUE COPY OF THE OFFICE ORDER NO. HR/RECTT
DPC JULY/19 20 DATED 11.03.2020 ISSUED BY THE
INDIA TOURISM DEVELOPMENT CORPORATION ALONG
WITH THE TRANSCRIBED COPY.
Exhibit P8 A TRUE COPY OF THE ORDER NO. 1-7/2015-U.II
(2) DATED 02.11.2017 ISSUED BY THE DEPARTMENT
OF HIGHER EDUCATION, GOVERNMENT OF INDIA.
Exhibit P9 A TRUE COPY OF THE NOTIFICATION DATED NIL
ISSUED BY THE INDIA TOURISM DEVELOPMENT
CORPORATION LTD., A GOVERNMENT OF INDIA
WP(C) NO. 33773 OF 2022
UNDERTAKING.
Exhibit P10 A TRUE COPY OF THE FORWARDING LETTER DATED
08.07.2019 ISSUED BY THE SENIOR MANAGER,
ITDC.
Exhibit P11 THE TRUE COPY OF THE RELEVANT PAGES OF THE
RECRUITMENT RULES OF THE CENTRAL UNIVERSITY
OF KERALA APPROVED BY THE 3RD EXECUTIVE
COUNCIL HELD ON 02.03.2018.
Exhibit P12 A TRUE COPY OF THE PETITION DATED 29.10.2021
SUBMITTED THE PETITIONER TO THE 2ND
RESPONDENT.
Exhibit P13 A TRUE COPY OF THE E-MAIL DATED 17.11.2021
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.
Exhibit P14 A TRUE COPY OF THE APPLICATION FORM FOR THE
POST OF DEPUTY REGISTRAR AT CENTRAL
UNIVERSITY OF KERALA DATED 21.06.2019
SUBMITTED BY THE 3RD RESPONDENT ALONG WITH
THE DOCUMENTS RELEASED UNDER RTI ACT
Exhibit P15 A TRUE COPY OF THE PROCEEDINGS OF THE
SELECTION COMMITTEE FOR THE POST OF DEPUTY
REGISTRAR AT CENTRAL UNIVERSITY OF KERALA
DATED 23.11.2020
Exhibit P16 A TRUE COPY OF THE JUDGMENT DATED 07.06.2022
IN WP(C) NO. 28082/2021 OF THIS HON'BLE
COURT.
Exhibit P17 A TRUE COPY OF THE WRITTEN SUBMISSIONS DATED
18.07.2022 SUBMITTED BY THE PETITIONER BEFORE
THE ENQUIRY COMMITTEE.
Exhibit P18 A TRUE COPY OF THE AFFIDAVIT DATED 03.02.2022
FILED BY MR. NARESH, THE 2ND RANK-HOLDER.
Exhibit P19 A TRUE COPY OF THE ORDER NO.
CUK/VCO/WPC28082/2021/ORDER1 DATED
20.07.2022.
Exhibit P20 RUE COPY OF THE LETTER NO. CUK/LEG.SEC/DR
WP(C) NO. 33773 OF 2022
COMMITTEE/2022 DATED 07.09.2022.
Exhibit P21 A TRUE COPY OF ORDER NO. 15012/2/2010-ESTT(D)
DATED 27-3-2012 ISSUED BY THE DEPARTMENT OF
PERSONNEL AND TRAINING
//TRUE COPY//
P.A. TO JUDGE
