Kerala High Court
Anjana S. Mohanan vs The State Of Kerala on 27 June, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
OP(KAT) NO. 163 OF 2024
AGAINST THE ORDER DATED 13.02.2024 IN OA NO.1848 OF 2020
OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM
(ADDITIONAL BENCH, ERNAKULAM)
PETITIONER:
ANJANA S. MOHANAN, AGED 35 YEARS, W/O. ANAND,
'CHILANKA', ARANMULA P.O., PATHANAMTHITTA., PIN
- 689 533
BY ADVS.
K.T.SHYAMKUMAR
K.N.ABHA
HARISH R. MENON
A.G.PRASANTH
ALEENA SEBASTIAN
MARY HEDWIG BABY
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE
PRINCIPLE SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT,GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
(FINANCE), GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
3 DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF
COLLEGIATE EDUCATION, VIKAS BHAVAN, 6TH FLOOR,
PALAYAM, THIRUVANANATHAPURAM, PIN - 695 033
4 PRINCIPAL, R.L.V SCHOOL OF MUSIC AND FINE
ARTS,THRIPUNITHURA ERNAKULAM DISTRICT, PIN - 682
301
O.P. (KAT) No.163 of 2024
..2..
5 KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS,
PATTOM PALACE P.O., THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY, PIN - 695 004
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 27.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P. (KAT) No.163 of 2024
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JUDGMENT
A. Muhamed Mustaque, J.
The petitioner was the applicant before the tribunal. The
petitioner was included in the ranked list for appointment to
the post of Junior lecturer in Bharathanatyam under the Kerala
Collegiate Education. The ranked list came into force on
23.11.2017 and the same expired on 22.11.2020. Two posts
were created by the Government in the cadre of Junior lecturer
in Bharathanatyam on 19.02.2021.
2. The petitioner approached the tribunal in the year
2020. The petitioner also made a request to the Government
to give retrospective effect to the creation of the post. The
petitioner also sought a prayer before the tribunal to extend
the period of ranked list. The Government rejected the above
request of the petitioner. The tribunal, noting that it cannot
give any direction regarding retrospectivity with respect to the
creation of new two posts and cannot order the extension of
the ranked list, dismissed the challenge. Challenging the order
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of the tribunal, the petitioner has approached this Court.
Having taken note of the fact that the posts itself were
created after the ranked list, we find absolutely no reason to
interfere with the impugned order. The ranked list also cannot
be extended at the whims and fancies of a candidate, merely
on account of the inclusion of such candidate in the ranked list.
There is no scope for interference and the original petition
stands dismissed, in limine.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
S.MANU
JUDGE
PR
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APPENDIX OF OP(KAT) 163/2024
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE NOTIFICATION DT.
15.11.2013 ISSUED BY THE 5"
RESPONDENT.(CATEGORY NO. 394/2013)
Annexure A2 A TRUE COPY OF THE RANKED LIST FOR
POST OF JUNIOR LECTURER IN
BHARATHANATYAM PUBLISHED BY THE 5TH
RESPONDENT.(RANKED LIST
NO.1105/17/OLE) (CAT NO 394/2013)
Annexure A3 A TRUE COPY OF THE APPLICATION DATED
07.06.2018 GIVEN BY THE APPLICANT TO
THE 4" RESPONDENT UNDER THE RIGHT TO
INFORMATION ACT.
Annexure A4 TRUE COPY OF THE REPLY DATED
05.07.2018 AND ACCOMPANYING ANNEXURES.
(NO A3/717/2018)
Annexure A5 A TRUE COPY OF THE REPLY DATED
29.09.2018 ENCLOSING THE COPY OF THE
PROPOSAL FORWARDED BY THE 4TH
RESPONDENT FOR CREATION OF POSTS. (NO
A3/717/2018)
Annexure A6 A TRUE COPY OF THE REPLY DATED
17.10.2018 ISSUED BY THE PRINCIPAL,
4â„¢ RESPONDENT HEREIN ENCLOSING THE
PROPOSAL DATED 27.07.2015.(NO
A3/717/2018)
Annexure A7 A TRUE COPY OF THE EXPERIENCE
CERTIFICATE DATED 18.06.2013 SHOWING
THAT THE APPLICANT HAS WORKED AS
JUNIOR LECTURERS IN BHARATHANATYAM
FROM 03.12.2012 TO 27.03.2013.(NO.A2/-
GL/12-13)
Annexure A 8 A TRUE COPY OF THE EXPERIENCE
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CERTIFICATE DATED 01.04.2013
CERTIFYING THAT THE APPLICANT HAS
WORKED AS GUEST LECUTURER IN
BHARATHANATYAM FROM 03.06.2013 TO
31.03.2014. .(NO.A2/-GL/13-14)
Annexure A9 A TRUE COPY OF THE EXPERIENCE
CERTIFICATE DATED 12.07.2017
CERTIFYING THAT THE APPLICANT HAS
WORKED AS JUNIOR LECUTURER IN
BHARATHANATYAM DEPARTMENT (APPOINTED
THROUGH EMPLOYMENT EXCHANGE) FOR THE
PERIOD FROM 04.06.2014 TO 31.03.2015.
(NO.A2. /108/2014-15)
Annexure A10 A TRUE COPY OF THE EXPERIENCE
CERTIFICATE DATED 31.03.2017
CERTIFYING THAT THE APPLICANT HAS
WORKED AS GUEST LECUTURER IN
BHARATHANATYAM FOR THE PERIOD FROM
14.10.2016 TO 31.03.2017. (NO.A2-
733/2016-17)
Annexure A11 A TRUE COPY OF THE EXPERIENCE
CERTIFICATE DATED 28.03.2018
CERTIFYING THAT THE APPLICANT HAS
WORKED AS GUEST LECUTURER IN
BHARATHANATYAM FOR THE PERIOD FROM
07.07.2017 TO 28.03.2018.
(NO.A2/EXP/2018)
Annexure A12 A TRUE COPY OF THE REPRESENTATION
GIVEN BY THE APPLICANT VIDE E-MAIL
DATED 06.09.2020 TO THE CHIEF MINISTER
REQUESTING FOR EXTENSION OF ANNX-A2
RANK LIST.
Annexure A13 A TRUE COPY OF THE REPRESENTATION
GIVEN BY THE APPLICANT VIDE E-MAIL
DATED 06.09.2020 TO THE MINISTER OF
HIGHER EDUCATION.
Annexure A14 A TRUE COPY OF THE REPRESENTATION
GIVEN BY THE APPLICANT VIDE E-MAIL
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DATED 22.09.2020 TO THE CHIEF MINISTER
REQUESTING FOR POSTING TOWARDS THE
JUNIOR LECTURER IN BHARATHANATYAM POST
BEFORE THE EXPIRY OF ANNEXURE-A2
RANKED LIST.
Annexure A15 A TRUE COPY OF THE INTIMATION DATED
22.10.2020 FROM THE OFFICE OF THE
FINANCE MINISTER TO THE APPLICANT.
Annexure A16 A TRUE COPY OF THE REPLY DATED
06.02.2021 OBTAINED BY THE APPLICANT
UNDER THE RTI FROM THE 5TH RESPONDENT
COMMISSION
Annexure A17 A TRUE COPY OF THE ORDER NO GO RT
NO.125/2021H. EDN DATED 19.02.2021
ISSUED BY THE 1ST RESPONDENT SHOWING
THE CREATION OF TWO ADDITIONAL POSTS
OF JUNIOR LECTURER IN BHARATHANATYAM
IN RLV COLLEGE OF MUSIC AND FINE ARTS,
THRIPUNITHURA.
Annexure A18 A TRUE COPY OF THE REPRESENTATION
DATED 09.07.2021 SUBMITTED BY THE
APPLICANT BEFORE THE 1TH RESPONDENT
WITHOUT ' ANNEXURES
Annexure A 19 A TRUE COPY OF THE ORDER NO G.O
(RT)NO.1379/2021 /HEDN DATED
16.10.2021 ISSUED FROM THE OFFICE OF
THE 1 ST RESPONDENT
Annexure A20 A TRUE COPY OF THE ORDER NO GO MS NO
174/2019/ DATED 19.06.2019 ISSUED BY
THE ST RESPONDENT
Annexure R1(a) TRUE COPY OF THE G.O.(P) NO.
58/2011/H.EDN DATED 31.3.2011
Exhibit P1 TRUE COPY OF THE INTERIM ORDER DATED
18-11-2020 OF THE KAT,
THIRUVANANTHAPURAM (ERNAKULAM BENCH)
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IN OA NO: 1848/2020
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED
18-06-2021 IN M.A. NO: 704/2021 IN OA
Exhibit P3 TRUE COPY OF THE AMENDED OA NO:
1848/2020 ON THE FILES OF THE KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM (ERNAKULAM BENCH
Exhibit P4 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 1ST RESPONDENT IN OA 1848/2020
Exhibit P5 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 3RD RESPONDENT IN THE OA
Exhibit P6 TRUE COPY OF THE REJOINDER FILED BY
THE PETITIONER TO THE REPLY STATEMENT
FILED BY THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER DATED 13-2-2024
IN OA NO: 1848/2020 OF THE KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)]
