Kerala High Court
Dr. Jolly Jacob vs The Manager, Mar Ivanios College on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 16968 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 16968 OF 2018
PETITIONER/S:
1 DR. JOLLY JACOB
AGED 54 YEARS
ASSOCIATE PROFESSOR,HEAD OF THE DEPARTMENT OF
MALAYALAM,MAR IVANIOS COLLEGE, THIRUVANANTHAPURAM
695015
2 DR. ZAJO JOSEPH
AGED 1 YEARS
ASSOCIATE PROFESSOR, DEPARTMENT OF COMMERCE,ST.
XAVIER'S COLLEGE, THUMBA, THIRUVANANTHAPURAM
3 DR. JIJIMON K THOMAS
ASSOCIATE PROFESSOR,DEPARTMENT OF PHYSICS,MAR
IVANIOS COLLEGE, THIRUVANANTHAPURAM 695015
BY ADVS.
SRI.BABU VARGHESE (SR.)
SRI.C.V.ALEXANDER
RESPONDENT/S:
1 THE MANAGER, MAR IVANIOS COLLEGE
THIRUVANANTHAPURAM 695015
2 THE MANAGER
ST. XAVIER'S COLLEGE, THUMBA,THIRUVANANTHAPURAM
695001
WP(C) NO. 16968 OF 2018 2
3 UNIVERSITY OF KERALA
REPRESENTED BY REGISTRAR,PALAYAM,
THIRUVANANTHAPURAM, 695001
4 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO
GOVT.,DEPARTMENT OF HIGHER EDUCATION,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695001
5 THE DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN, PMG JUNCTION,THIRUAVANANTHAPURAM
695001
6 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
KOLLAM 691001
BY ADVS.
SRI.J.HARIKUMAR
SRI.MATHEW B. KURIAN
SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
GOVERNMENT PLEADER
SRI.K.T.THOMAS
OTHER PRESENT:
SRI.V.K.SUNIL, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16968 OF 2018 3
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) No. 16968 of 2018
--------------------------------------
Dated this the 28th day of June, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"(i) issue a writ of certiorari or any other appropriate writ
order or direction quashing Exhibits P6 and P7 Government
Orders;
(ii) declare that the petitioners are entitled to get
promotion/placement in the light of Exhibit P2 G.O dated
27.03.2010, w.e.f. 1.1.2006 as per the judgments reported in
2016 (2) KLT 245 and Judgment dated 18.1.2017 in WPC
No.22083 of 2011;
(iii) direct the 3rd and 4th respondents to take immediate
and appropriate action for effecting promotion/placement as
Professors within the time frame set by this Hon'ble Court;
(iv) Issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 3rd and 4th
respondents to instruct the Managers to promote/place the
petitioners as Professors since they are duly qualified
candidates in the respective Departments, in accordance
with the University Laws/UGC laws and regulations;
(v) award costs and interest to the petitioners for the
delayed promotion/placement.
and
(vi) Issue such other order or direction as this Hon'ble
court may deem fit and proper in the circumstances of the
case." [sic]
2. When this writ petition came up for consideration,
the learned counsel for the petitioners submitted that the
promotion is already granted to the 3 rd petitioner and the
same is rejected as far as the 1 st and 2nd petitioners are
concerned. The 1st and 2nd petitioners want to challenge the
same separately and therefore, the counsel submitted that
liberty may be granted for the same.
The liberty is granted and the writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 16968/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED
30.06.2010 REGARDING UGC REGULATIONS
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE GO.
NO. 58/2010/H.EDN DATED 27.03.2010
EXHIBIT P3 TRUE COPY OF THE GO NO. 392/2010/H.EDN
DATED 10.12.2010
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 18.01.2017
EXHIBIT P4 A TRUE COPY OF THE GO NO. 1867/2017/H.EDN
DATED 13.10.2017
EXHIBIT P5 TRUE COPY OF THE U.O.NO. 6589 DATED
04.11.2017
EXHIBIT P6 TRUE COPY OF THE GO NO. 256/2018/H.EDN
DATED 08.02.2018
EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER NO.
290/2018/H.EDN DATED 15.02.2018
