Kerala High Court
Nishanth R vs State Of Kerala on 22 October, 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 P.M.MANOJ
Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
WA NO. 1664 OF 2024
AGAINST JUDGMENT DATED 15/10/2024 IN WP(C) 34727/2023 OF THIS COURT
APPELLANT(S)/PETITIONERS
1. NISHANTH R, AGED 38 YEARS ,S/O.MR.K.RAGHAVAN,ADV. ASSISTANT
PROFESSOR (CONTRACT), COCHIN UNIVERSITY COLLEGE OF ENGINEERING,
KUTTANADU, PULINCUNNU, ALAPPUZHA -688504, RESIDING AT GOKULAM,
352/C, NO.10, VARAPARAMBIL ROAD, W.KADUNGALLOOR, ALUVA, PIN - 683110
2. DEEPA NAIR, AGED 48 YEARS ,W/O.JAYAKRISHNAN B, ASSISTANT PROFESSOR
(CONTRACT), COCHIN UNIVERSITY COLLEGE OF ENGINEERING, KUTTANADU,
PULINCUNNU, ALAPPUZHA -688504, RESIDING AT H.NO.48, VAISHAK,
KAITHAVANA HOUSING BOARD, SANATHANAPURAM P.O. ALAPPUZHA -., PIN -
688003
3. ANOOP S, AGED 33 YEARS , S/O.MR.K.K.SULAIMAN KUNJU, ASSISTANT
PROFESSOR (CONTRACT), COCHIN UNIVERSITY COLLEGE OF ENGINEERING,
KUTTANADU, PULINCUNNU, ALAPPUZHA -688504, RESIDING AT SUDHEER
MANZIL, THATHAMPALLY P.O. ALAPPUZHA, PIN - 688013
4. MALINI MOHAN , AGED 41 YEARS ,W/O.RAJESH V, ASSISTANT PROFESSOR
(CONTRACT), COCHIN UNIVERSITY COLLEGE OF ENGINEERING, KUTTANADU,
PULINCUNNU, ALAPPUZHA -688504, RESIDING AT NANDANAM, EAST NADA,
AMBALAPPUZHA, ALAPPUZHA -,, PIN - 688561
5. AKHILA L, AGED 36 YEARS , W/O.MR.VARUNLAL R, ASSISTANT PROFESSOR
(CONTRACT), COCHIN UNIVERSITY COLLEGE OF ENGINEERING, KUTTANADU,
PULINCUNNU, ALAPPUZHA -688504, RESIDING AT THATTAMVELIYIL,
KADAKKARAPPALLY P.O. CHERTHALA, ALAPPUZHA, PIN - 688529
6. RADHIKA B, AGED 43 YEARS , D/O.K.P.BALAGOPALAN NAIR, ASSISTANT
PROFESSOR (CONTRACT), COCHIN UNIVERSITY COLLEGE OF ENGINEERING,
KUTTANADU, PULINCUNNU, ALAPPUZHA -688504, RESIDING AT KUNNAPPALLIL,
KARUKACHAL P.O. KOTTAYAM -, PIN - 686540
7. VINEETH M.V, AGED 34 YEARS , S/O. M.T. VISWANKUTTY ASSISTANT
PROFESSOR (CONTRACT), COCHIN UNIVERSITY COLLEGE OF ENGINEERING,
KUTTANADU, PULINCUNNU, ALAPPUZHA -688504, RESIDING AT MANGALATHU
(H), MADAKKATHANAM P.O. VAZHAKULAM ERNAKULAM -, PIN - 686670
BY ADVOCATES M/S. KALEESWARAM RAJ, APARNA NARAYAN MENON, THULASI K. RAJ,
RESPONDENT(S)/RESPONDENTS
1. STATE OF KERALA ,REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-,
PIN - 695001
2. COCHIN UNIVERSITY OF SCIENCE &TECHNOLOGY , REPRESENTED BY THE
REGISTRAR, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY UNIVERSITY
ROAD, SOUTH KALAMASSERY, KOCHI, KERALA, PIN - 682022
3. VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY
UNIVERSITY ROAD, SOUTH KALAMASSERY, KALAMASSERY, KOCHI, KERALA, PIN
- 682022
4. DEPUTY REGISTRAR, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY
UNIVERSITY ROAD, SOUTH KALAMASSERY, KALAMASSERY, KOCHI, KERALA .,
PIN - 682022
5. PRINCIPAL, UNIVERSITY COLLEGE OF ENGINEERING, KUTTANAD, PULINCUNNU,
ALAPPUZHA -, PIN - 688504
GOVERNMENT PLEADER FOR R1
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents to retain the appellants in their respective
posts, provisionally and subjuect to the result of the Writ Appeal.
This Writ Appeal coming on for orders on 22/10/2024, upon perusing
the appeal memorandum the court on the same day passed the following:
A.MUHAMED MUSTAQUE & P.M. MANOJ, JJ.
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W.A. No.1664 of 2024
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Dated this the 22nd day of October, 2024
ORDER
A.Muhamed Mustaque, J.
Admit.
2. Respondents entered appearance.
3. We find that a far reaching consequence would arise
if the continuity of assistant professors are not allowed either
on a contract basis or otherwise as far as the students are
concerned. If the University resorts to a contract appointment
for one year, it will have an adverse impact on the educational
system itself. The University will have to answer before this
Court why they are not taking steps to replace the contract
employees with regular hands. An affidavit shall be filed
before this Court in this regard.
Taking note of the fact that the fresh appointment of the
assistant professors on contract basis may adversely affect the
students and there is no reason to replace the contract
employees with another set of contract employees, we order
..2..
that the petitioners be permitted to continue until further
orders. However, if the University is proposing to replace the
contract employees with regular hands, the University can
state before this Court that the petitioners are to be replaced
by regular hands.
Sd/-
A.MUHAMED MUSTAQUE,
JUDGE
Sd/-
P.M.MANOJ,
JUDGE
PR
22-10-2024 /True Copy/ Assistant Registrar
