Kerala High Court
Abin John vs State Of Kerala on 23 May, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 5271 OF 2016
PETITIONERS:
1 ABIN JOHN
ASSISTANT PROFESSOR OF STATISTICS, ST.THOMAS COLLEGE,
KOZHENCHERRY.
2 BINI B.NAIR
ASSISTANT PROFESSOR OF PHYSICS, ST.THOMAS COLLEGE, RANNI.
3 SONA JOHN
ASSISTANT PROFESSOR IN CHEMISTRY, NEWMAN COLLEGE,
THODUPUZHA.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
SRI.M.SHINO
SMT.M.U.VIJAYALAKSHMI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVT. OF KERALA,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS,
KOTTAYAM-686 560.
BY ADVS.
SRI. V.K. SUNIL, SR. GOVERNMENT PLEADER
SRI. SURIN GEORGE IPE, SC, M.G. UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5271 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.5271 of 2016
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Dated this the 23rd day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Issue a writ of certiorari or any other appropriate
writ, order or direction to call for the records of the
case leading to Exhibit P17 and quash the same.
ii) Declare that the amendment evidenced by
Exhibit.P4 to Mahatma Gandhi University Statutes
1997 is impracticable and unworkable and therefore
unreasonable and ultravires and thereby illegal and
unconstitutional, and
iii) Issue a writ of mandamus or any other
appropriate writ, order or direction directing the 1st
respondent to extend the benefit of Exhibits. P10 and
P11 to the petitioners and direct the respondents to
approve their appointments evidenced by Exhibits P1
WP(C) NO. 5271 OF 2016
to P3 for the period upto the approval granted in
Exhibits P6 to P8 and extend them all consequential
benefits.
iv) Issue such other reliefs as this Honourable Court
may deem fit and proper on the facts and
circumstances of the case.
v) Award costs to the petitioners."
2. The petitioners are rank holders in their
respective University for their Post Graduate with NET
qualifications and it is submitted that, they were
selected and appointed as Assistant Professors in
Aided Colleges affiliated to the 2nd respondent
University as per Ext.P1 to P3 during the period
between 2010 and 2012. It is submitted that there
was an anomalous situation wherein the minimum
age for appointment as Assistant Professor in aided
WP(C) NO. 5271 OF 2016
college service was enhanced to 23 years in the place
of 22 years earlier. The amendment evidenced by
Exhibit P4 was found to be impracticable and
unworkable by the University itself and withdrawn by
Exhibit P5, restoring the minimum age of 22 years, is
the submission. It is submitted that, those who were
appointed during the interregnum period, were
confronted with the rigour of Ext P4, but, the
Government sanctioned relaxation evidenced by Exts.
P10 & P11 including one of the appointees along with
the petitioners as could be seen from Exts. P6 to P9, is
the further submission. The case of the petitioners
were also mooted to the Government for relaxation and
recommended as per Exts. P12 to P14 since the
approval for their appointment was limited by Ext.P4
WP(C) NO. 5271 OF 2016
amendment as evidenced from Exts. P6 to P8.
However, the Government as per Ext. P17 not only
rejected the request of the petitioners but, even
without a notice or giving opportunity for hearing,
decided to quash their appointment itself, which are
approved by the University as per Exts. P6 to P8, is
the grievance of the petitioners. The action evidenced
by P17 is arbitrary and illegal. Hence, this writ
petition is filed.
3. Heard the learned counsel appearing for the
petitioners, the learned Government Pleader and the
learned Standing Counsel appearing for the
respondent University.
4. When this writ petition came up for
consideration on 11.02.2016, this Court stayed the
WP(C) NO. 5271 OF 2016
impugned order and the interim order was extended
until further orders on 06.08.2016.
5. This Court perused Ext.P17 order. A
perusal of Ext.P17 would not show that, it is an order
passed after giving an opportunity of hearing to the
petitioners. Considering the facts and circumstances
of the case and without going to the merit of the case,
I am of the considered opinion that, Ext.P17 can be set
aside and there can be a direction to the 1st
respondent to reconsider the matter, after giving an
opportunity of hearing to the petitioners and other
affected parties, if any.
Therefore, this Writ Petition is disposed of with
the following directions:
1. Ext.P17 is set aside.
WP(C) NO. 5271 OF 2016
2. The 1st respondent is directed to reconsider
the matter, after giving an opportunity of
hearing to the petitioners and other affected
parties, if any, as expeditiously as possible,
at any rate, within a period of four months
from the date of receipt of a copy of this
judgment.
3. Till final orders are passed by the
Government, the status quo order as on
today will continue.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 5271 OF 2016
APPENDIX OF WP(C) 5271/2016
PETITIONER EXHIBITS
P1 : COPY OF THE APPOINTMENT ORDER
DTD.6.1.2011 ISSUED BY THE 2ND RESPONDENT
TO THE 1ST PETITIONER.
P2 : COPY OF THE MEMO OF APPOINTMENT
DTD.20.12.2010 ISSUED BY THE ST.THOMAS
COLLEGE, RANNY TO THE 2ND PETITIONER.
P3 : COPY OF THE APPOINTMENT ORDER NO.11/11
DTD.21.3.2011 ISSUED BY THE NIRMALA COLLEGE,
MUVATTUPUZHA TO THE 3RD PETITIONER.
P4 : COPY OF THE AMENDMENT TO MAHATMA
GANDHI UNIVERSITY STATUTES, 1997
DTD.22.5.2012.
P5 : COPY OF THE AMENDMENT TO MAHATMA
GANDHI UNIVERSITY STATUTES, 1997
DTD.22.5.2012.
P6 : COPY OF THE ORDER NO.UO
NO.4397/B1/2012/ACAD DTD.4.8.2012 OF THE 2ND
RESPONDENT.
P7 : COPY OF THE ORDER NO.UO
NO.4368/B1/2012/ACAD DTD.4.8.2012 OF THE 2ND
RESPONDENT.
P8 : COPY OF THE ORDER NO.UO
NO.4341/B1/2012/ACAD DTD.3.8.2012 OF THE 2ND
RESPONDENT.
P9 : COPY OF APPROVAL ORDER
NO.UO.NO.4385/B1/2012/ACAD DTD.4.8.2012 OF
THE 2ND RESPONDENT.
P10 : COPY OF THE GOVERNMENT ORDER
NO.37139/D2/2012/H.EDN DTD.9.1.2013.
P11 : COPY OF THE GOVERNMENT ORDER
WP(C) NO. 5271 OF 2016
NO.12967/AF3/13/H.EDN. DTD.16.7.2013.
P12 : COPY OF THE REPORT NO.A3/206/14-15
DTD.26.8.2014 SUBMITTED BY THE PRINCIPAL
BEFORE THE ADDL. CHIEF SECRETARY TO
GOVERNMENT.
P13 : COPY OF THE REPORT NO.366/14
DTD.5.9.2014 SUBMITTED BY THE
PRINCIPAL,NEWMAN COLLEGE, BEFORE THE
ADDL.CHIEF SECRETARY TO GOVERNMENT.
P14 : COPY OF THE REPORT NO.STC/DCE/TS-
APPNT/STATS/2010-11 DTD.18.9.2014 SUBMITTED
BY THE PRINCIPAL, ST.THOMAS COLLEGE, BEFORE
THE DIRECTOR OF COLLEGIATE EDUCATION.
P15 : COPY OF THE ORDER DTD.12.7.2012 IN WPC
NO.15057/2009 OF THIS HON'BLE COURT.
P16 : COPY OF THE GOVERNMENT ORDER
DTD.14.2.2011 VIDE NO.GO(MS)NO.18/2011/H.EDN.
P17 : COPY OF THE GOVERNMENT ORDER
NO.15293/F3 14/H.EDN. DTD.20.12.2015.
RESPONDENTS EXHIBITS :NIL
// TRUE COPY //
PA TO JUDGE
