Kerala High Court
Pradeep P vs The Director Of Collegiate ... on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 39447 OF 2022
PETITIONER:
PRASANTH J P, AGED 48 YEARS
S/O.V.PONNAN, JEMMANSION,
MARUTHORVATTOM, CHERTHALA,
ALAPPUZHA - 688 539.
BY ADVS.
P.K.IBRAHIM
SREEJI K.B.
RESPONDENTS:
1 THE DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTORATE OF COLLEGIATE
EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM
PIN - 695 033.
2 THE MANAGER, SREE NARAYANA COLLEGES,
S.N. TRUST, KOLLAM, PIN - 691001.
BY ADVS.
A.N.RAJAN BABU
P.GOPALAKRISHNAN (MVA)
A.R.EASWAR LAL
SMT.SAROJINI .K.N -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, ALONG WITH WP(C).39509/2022, 39526/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WPC 39447/22 & conn.
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 39509 OF 2022
PETITIONER:
PRADEEP P., AGED 47 YEARS
S/O.M. PRABHAKARAN, KADAMPIDI HOUSE,
KADAMPIDI, CHITTILANCHERY P.O.,
PALAKKAD-678 704.
BY ADVS.
P.K.IBRAHIM
SREEJI K.B.
RESPONDENTS:
1 THE DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DIRECTORATE OF COLLEGIATE
EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM
PIN -695 033.
2 THE MANAGER SREE NARAYANA COLLEGES,
S.N. TRUST, KOLLAM, PIN: 691001.
BY ADVS.
A.N.RAJAN BABU
A.R.EASWAR LAL
P.GOPALAKRISHNAN (MVA)
SMT.SAROJINI K.N - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, ALONG WITH WP(C).39447/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 39447/22 & conn.
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 39526 OF 2022
PETITIONER:
SHIJI S, AGED 52 YEARS
S/O.SOMAN M., UTHRAM, VILAMBHAGOM,
NEDUNGANDA P.O., THIRUVANANTHAPURAM-695 307.
BY ADVS.
P.K.IBRAHIM
SREEJI K.B.
RESPONDENTS:
1 THE DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTORATE OF COLLEGIATE
EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM
PIN-695 033.
2 THE MANAGER, SREE NARAYANA COLLEGES,
S.N. TRUST, KOLLAM, PIN: 691 001
BY ADVS.
A.N.RAJAN BABU
P.GOPALAKRISHNAN (MVA)
A.R.EASWAR LAL
SMT.SAROJINI K.N - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, ALONG WITH WP(C).39447/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 39447/22 & conn.
4
JUDGMENT
The petitioners in these cases - which have been heard together
on account of the analogous circumstances presented and the
similarity in reliefs sought for - are persons who are working in the
services of the 'S.N.Trust', Kollam; and they impugn Ext.P1 in all
these cases, whereby, their promotion from the post of Mechanic to
the post of Lower Division Clerk, has been denied approval by the 1 st
respondent-Director of Collegiate Education, saying that same is
contrary to the provisions of the 'University Statutes'.
2. Sri.P.K.Ibrahim - learned counsel for the petitioners in all
these cases, vehemently argued that his clients were given promotion
based on valid orders of the Management and that they are in full
conformity with all applicable Rules and Regulations, including the
University Statutes. He submitted that, had the 1 st respondent given
an opportunity of being heard to his clients and to the College, these
facts could have been set out properly; but that, instead of doing so,
said Authority has now issued the impugned order in a mechanical
fashion, without adverting to the fact that the promotions are in
conformity with law.
WPC 39447/22 & conn.
3. Sri.A.N.Rajan Babu - learned Standing Counsel for the
'S.N.Trust', supported the petitioners, arguing that their promotions
are valid and irreproachable. He also submitted that the impugned
order has been issued without affording his client an opportunity of
being heard and that they have now been directed to cancel
promotions to the petitioners in a peremptory fashion.
4. The learned Government Pleader - Smt.K.N.Sarojini,
submitted that the petitioners cannot assail Ext.P1 even on the ground
that they were not heard because, it only records the fact that their
promotions are illegal, since it goes contrary to the University
Statutes. She thus prayed that this Writ Petition be dismissed.
5. I have evaluated the afore submissions and have also gone
through the materials available on record.
6. It is without doubt that Ext.P1 has been issued without
hearing the petitioners, who are the vitally interested persons and the
Management of the College. It has also been issued without adverting
to the judgments of this Court earlier issued, namely, Exts.P8 and P9;
and this is important because, there are declarations therein as to
how the promotions will have to be effected and the entitlement of
WPC 39447/22 & conn.
the persons like the petitioners.
7. In the afore circumstances, I am left without doubt that
the impugned order cannot pass judicial scrutiny and that the matter
will have to be reconsidered by the competent Authority, after
hearing all sides appositely.
Resultantly, I allow these Writ Petitions and set aside Ext.P1 in
all of them; with a consequential direction to the 1st respondent -
Director of Collegiate Education, to take up the proposals for
approval of promotion, to the petitioners, presented before him by
the Management of the College, and to decide the same again, after
affording them, as also the competent Authority of the Management,
an opportunity of being heard and adverting to all precedents,
including Exts.P8 and P9 in all these cases; thus culminating in an
appropriate order and necessary action thereon, as expeditiously as is
possible, but not later than three months from the date of receipt of
a copy of this judgment.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 39447/22 & conn.
APPENDIX OF WP(C) 39509/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER
NO.E2/52021/2022/DCE DATED 23.11.2022 OF
THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO.2/S.N.T/5544
DATED 01.12.2022 OF THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER
NO.E2/47391/2018/COLL.EDN.D DATED
18.12.2018.
Exhibit P4 TRUE COPY OF THE ORDER
NO.E2/18099/2017/COLL.EDN.D. DATED
01.07.2017.
Exhibit P5 TRUE COPY OF THE CIRCULAR
NO.E1/43599/2017/COLL.EDN DATED
24.11.2018.
Exhibit P6 TRUE COPY OF THE ORDER
NO.E3/3418/18/COLL.EDN DATED 14.03.2018 OF
THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE ORDER
NO.ESTT.E3/16533/2012/COLL.EDN DATED
20.07.2016 OF THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 04.03.2022
IN WP(C) NO.7665 OF 2021.
Exhibit P9 TRUE COPY OF THE COMMON JUDGMENT DATED
01.06.2022 IN WPC NO. 12651/2020 AND
28508/2020.
WPC 39447/22 & conn.
APPENDIX OF WP(C) 39526/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER
NO.E2/52021/2022/DCE DATED 23.11.2022 OF
THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER NO.2/S.N.T/5544
DATED 01.12.2022 OF THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER
NO.E2/47391/2018/COLL.EDN.D DATED
18.12.2018
Exhibit P4 TRUE COPY OF THE ORDER
NO.E2/18099/2017/COLL.EDN.D. DATED
01.07.2017
Exhibit P5 TRUE COPY OF THE ORDER CIRCULAR
NO.E1/43599/2017/COLL.EDN DATED 24.11.2018
Exhibit P6 TRUE COPY OF THE ORDER
NO.E3/3418/18/COLL.EDN DATED 14.03.2018 OF
THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER
NO.ESTT.E3/16533/2012/COLL.EDN DATED
20.07.2016 OF THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 04.03.2022
IN WP(C) NO.7665 OF 2021
Exhibit P9 TRUE COPY OF THE COMMON JUDGMENT DATED
01.06.2022 IN WPC NO. 12651/2020 AND
28508/2020
WPC 39447/22 & conn.
APPENDIX OF WP(C) 39447/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO.
E2/52021/2022/DCE DATED 23.11.2022 OF THE
1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO.2/S.N.T/5544
DATED 01.12.2022 OF THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER
NO.E2/47391/2018/COLL.EDN.D DATED
18.12.2018.
Exhibit P4 TRUE COPY OF THE ORDER
NO.E2/18099/2017/COLL.EDN.D DATED
01.07.2017.
Exhibit P5 TRUE COPY OF THE CIRCULAR
NO.E1/43599/2017/COLL.EDN. DATED
24.11.2018.
Exhibit P6 TRUE COPY OF THE ORDER
NO.E3/3418/18/COLL.EDN. DATED 14.03.2018
OF THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE ORDER
NO.ESTT.E3/16533/2012/COLL.EDN. DATED
20.07.2016 OF THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 04.03.2022
IN WP(C) NO.7665 OF 2021.
Exhibit P9 TRUE COPY OF THE COMMON JUDGMENT DATED
01.06.2022 IN WPC NO.12651/2020 AND
28508/2020
