Liyaqath Ali vs State Of Kerala
2023 Latest Caselaw 9949 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
       THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                   OP(KAT) NO. 414 OF 2023
  AGAINST THE ORDER DATED 21.08.2023 IN OA 1527/2023 OF
   KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:


   1      LIYAQATH ALI, AGED 45 YEARS, S/O. MOOSA MOULAVI,
          PROFESSOR, GOVERNMENT COLLEGE, MOKERI,
          KOZHIKODE, 673 507, RESIDING AT 'KALATHIL
          HOUSE', VANIMEL, KOZHIKODE, PIN - 673 506

   2      DR. ABU P., AGED 55, S/O KUNHAPPAU, ASSOCIATE
          PROFESSOR, S. N. GOVERNMENT SANSKRIT COLLEGE
          PATTAMBI, PALAKKAD, 679 306, RESIDING AT
          'PATHIYIL HOUSE', KODALUR, P.O, MELE PATTAMBI,
          PALAKKAD, PIN - 679 306

   3      DR. SINUMOL THOMAS, AGED 43, D/O K. J. THOMAS,
          ASSOCIATE PROFESSOR, NMSM GOVERNMENT COLLEGE,
          KALPETTA, WAYANAD, 673 122, RESIDING AT
          'CHANGANAMTHUNDATHIL HOUSE', KARAKKAMALA P.O,
          MANANTHAVADY, WAYANAD, PIN - 670 645

   4      DR. SAJEEV P.V., AGED 53, S/O P.V. BALAN PILLAI,
          ASSOCIATE PROFESSOR, GOVERNMENT ARTS AND SCIENCE
          COLLEGE CALICUT, MEENCHANDA, KOZHIKKODE, 673
          018, RESIDING AT 'PRIYAMVADA HOUSE',
          MOONNAMTHODE ROAD, THAMARASSERY P.O, PIN - 676
          576

   5      DR. NAJEEB. P.M., AGED 46, S/O KADEEJA P. V,
          ASSOCIATE PROFESSOR, GOVERNMENT VICTORIA
          COLLEGE, PALAKKAD, 678 001, RESIDING AT 'MINNI',
          HILL VIEW ENCLAVE, KOLAYAKKODE, KALLEPPULLY P.O,
          PALAKKAD, PIN - 678 005

   6      DR. RAHEENA K. K., AGED 47, D/O MOIDEEN K. K.,
          ASSOCIATE PROFESSOR, GOVERNMENT ARTS AND SCIENCE
 OP(KAT) NO. 414 OF 2023

                            ..2..



           COLLEGE MANKADA, MALAPPURAM, 679 338, RESIDING
           AT 'RAHEEMA MANZIL', NEAR NANDILATH G-MART,
           PERINTHALMANNA, MALAPPURAM, PIN - 679 321

           BY ADVS.
           P.MOHANDAS (ERNAKULAM)
           K.SUDHINKUMAR
           SABU PULLAN
           GOKUL D. SUDHAKARAN
           R.BHASKARA KRISHNAN
           BHARATH MOHAN
           R.RAHMATHULLAH
           K.P.SATHEESAN (SR.)


RESPONDENTS/RESPONDENTS:


    1      STATE OF KERALA, REPRESENTED BY THE SECRETARY,
           HIGHER EDUCATION DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001

    2      DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF
           COLLEGIATE EDUCATION, VIKAS BHAVAN,
           THIRUVANANTHAPURAM, PIN - 695 033

    3      SELECTION COMMITTEE REPRESENTED BY ITS
           CHAIRPERSON, DIRECTORATE OF COLLEGIATE
           EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN
           - 695 033

    4      UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS
           SECRETARY HAVING ITS OFFICE AT BAHADUR SHAH
           ZAFAR MARG, NEW DELHI, PIN - 110 002

           BY ADV S. Krishnamoorthy S

           ADV. ANTONY MUKKATH GP


        THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 18.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 OP(KAT) NO. 414 OF 2023

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                      J U D G M E N T

A. Muhamed Mustaque, J.

The challenge in this original petition is as

against the interim order of the Kerala Administrative

Tribunal dated 21.08.2023 in O.A No.1527 of 2023. By

interim order, the tribunal ordered that 43 persons were

found eligible by the Selection Committee as well as the

Departmental Promotion Committee be appointed

provisionally in the post of Principals in the Government

Colleges in the State. It is to be noted this order was

passed pursuant to the earlier order passed by the

tribunal dated 03.08.2023, wherein the tribunal ordered

to conduct a fresh selection to the post of Principal

from all the qualified candidates in terms of 2018 UGC

Regulations.

2. The learned Senior Counsel, challenging the

order of the tribunal dated 21.08.2023, submits that

selection of the candidates will have to be with

reference to the original notification dated 28.01.2022

and only those candidates who were qualified at that time

alone be considered for fresh selection. It is submitted

that those who had obtained qualification subsequent to

the above notification cannot defeat the rights of the OP(KAT) NO. 414 OF 2023

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candidates, who were eligible at the time of original

notification dated 28.01.2022.

3. We note that this aspect will have to be urged

before the tribunal at the first instance. The earlier

orders in the matter have been affirmed by a Division

Bench of this Court in a separate challenge made by the

other candidates. Whether the fresh selection can be

confined to the candidates who were found eligible as on

28.01.2022 need to be addressed by the tribunal. We are

only now called upon to decide the legality of the order

under Section 227 of the Constitution of India in respect

of the interim orders passed; which we do not find any

reason to interfere. However, whether the selection can

be confined to only those candidates who had been

qualified as on 28.01.2022 can be urged before tribunal

and the tribunal shall consider the same.

With liberty as above, this original petition is

disposed of without interfering with the impugned order.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE PR OP(KAT) NO. 414 OF 2023

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APPENDIX OF OP(KAT) 414/2023 PETITIONER ANNEXURES

Annexure-A1 TRUE COPY OF THE ORDER NO.

B3/3488/2022/DCE DATED 28-01-2022 OF THE 2ND RESPONDENT

Annexure-A2 TRUE COPY OF THE ORDER G.O. (RT)NO.

350/2022/H EDN. DATED 2-3-2022 OF THE 1ST RESPONDENT

Annexure-A2(a) TRUE COPY OF THE ORDER G.O. (RT)NO.

378/2022/H EDN. DATED 8-3-2022 OF THE 1ST RESPONDENT

Annexure-A3 TRUE COPY OF THE ORDER NO.

B3/3488/2022/DCE DATED 5-3-2022 ISSUED BY THE 2ND RESPONDENT

Annexure-A4 TRUE COPY OF THE ORDER NO.

B3/3488/2022/DCE DATED 11-01-2023 ISSUED BY THE 2ND RESPONDENT

Annexure-A5 TRUE COPY OF THE REPLY RECEIVED FOR RTI APPLICATION DATED 13-03-2023

Annexure-A6 TRUE COP OF THE ORDER NO.

B3/3488/2022/DCE DATED 17-03-2022 ISSUED BY THE 2ND RESPONDENT

Annexure-A7 TRUE COPY OF THE ORDER NO.

B3/3488/DCE(1) DATED 2-6-2022 ISSUED BY THE 2ND RESPONDENT

Annexure-A8 TRUE COPY OF THE MINUTES OF THE ONLINE MEETING OF THE SELECTION COMMITTEE HELD ON 20-06-2022

Annexure-A9 TRUE COPY OF THE ASSESSMENT SHEET OF THE 1ST APPLICANT OBTAINED UNDER RTI ACT 2005 OP(KAT) NO. 414 OF 2023

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Annexure-A10 TRUE COPY OF THE ORDER G.O. (RT)NO.

743/23/H EDN. DATED 27-05-2023 OF THE 1ST RESPONDENT

Annexure-A11 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST APPLICANT DATED 17-01-2023 SUBMITTED TO THE 2ND RESPONDENT

Annexure-A11(a) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 2ND APPLICANT DATED 18-01-2023 TO THE 2ND RESPONDENT

Annexure-A11(b) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 3RD APPLICANT DATED 16-01-2023 TO THE 2ND RESPONDENT

Annexure-A11(c) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 4TH APPLICANT DATED 19-01-2023 TO THE 2ND RESPONDENT

Annexure-A11(d) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 5TH APPLICANT DATED 19-01-2023 TO THE 2ND RESPONDENT

Annexure-A11(e) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 6TH APPLICANT DATED 23-01-2023 TO THE 2ND RESPONDENT

Annexure-A12 TRUE COPY OF THE RELEVANT PAGES OF THE UNIVERSITY GRANTS COMMISSION REGULATION DATED 18-07-2018

Annexure-A12(a) TRUE COPY OF THE M.A. FOR JOINING TOGETHER

Exhibit-P1 TRUE COPY OF THE ORDER DATED 21-08-

2023 IN O.A.NO. 1527/2023

Exhibit-P2 TRUE COPY OF THE ORDER DATED 30-06-

2023 IN O.A.NO. 828/2023 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM OP(KAT) NO. 414 OF 2023

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Exhibit-P3 TRUE COPY OF THE O.A.NO. 1527/2023 FILED BY THE PETITIONERS

Exhibit-P4 TRUE COPY OF THE ORDER DATED 3-8-2023 IN O.A.NO. 828/2023

Exhibit-P5 TRUE COPY OF THE JUDGMENT DATED 17-

08-2023 IN O.P.(KAT)NO. 358/2023