Kerala High Court
Pradheesh V vs Kerala Veterinary And Animal Sciences ... on 20 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:14393
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
WP(C) NO. 6956 OF 2025
PETITIONERS:
1 PRADHEESH V
AGED 42 YEARS, S/O VELAYUDHAN,
KUNJIMOOLAYIL, VYTHIRI P O, CHUNDALE,
WAYANAD DISTRICT, WORKING AS PERMANENT LABOURER,
COLLEGE OF VETERINARY AND ANIMAL SCIENCES,
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
POOKODE, LAKKIDI P O, WAYANAD DISTRICT
PIN - 673123.
2 LISSY P G
AGED 47 YEARS, D/O MARY,
MALIYEKKAL, VYTHIRI P O, KUNNATHIDAVAKA,
WAYANAD DISTRICT, WORKING AS PERMANENT LABOURER,
COLLEGE OF VETERINARY AND ANIMAL SCIENCES,
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
POOKODE, LAKKIDI P O, WAYANAD DISTRICT,
PIN - 673576.
3 INDIRA E M
AGED 45 YEARS, D/O JANAKI,
CHEMBOTTIL, VYTHIRI P O, KUNNATHIDAVAKA,
WAYANAD DISTRICT, WORKING AS PERMANENT LABOURER,
COLLEGE OF VETERINARY AND ANIMAL SCIENCES,
KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
POOKODE, LAKKIDI P O, WAYANAD DISTRICT,
PIN - 676576.
W.P.(C)No.6956 of 2025
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4 SAINABA P
AGED 40 YEARS, D/O ITHEEMA,
PALAPPUZHA HOUSE, KOLICHAL,
SUGANDHAGIRI P O, KUNNATHIDAVAKA,
WAYANAD DISTRICT, WORKING AS PERMANENT LABOURER,
COLLEGE OF VETERINARY AND ANIMAL SCIENCES,
KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKODE, LAKKIDI P O,
WAYANAD DISTRICT, PIN - 673576.
BY ADVS.
R.T.PRADEEP
M.BINDUDAS
NIRANJAN T. PRADEEP
RESPONDENTS:
1 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY
REPRESENTED BY ITS REGISTRAR, POOKODE,
LAKKIDI P O, WAYANAD DISTRICT, PIN - 673576.
2 REGISTRAR
KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKODE, LAKKIDI P O,
WAYANAD DISTRICT, PIN - 673576.
3 ASSISTANT REGISTRAR
KERALA VETERINARY AND ANIMAL SCIENCES
UNIVERSITY, POOKODE, LAKKIDI P O,
WAYANAD DISTRICT, PIN - 673576.
BY ADV.SRI. MANU GOVIND, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.6956 of 2025
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JUDGMENT
Dated this the 20th day of February, 2025
The petitioners while being employed as permanent
labourers in the service of the 1st respondent-University had
acquired the basic qualification of Plus Two Course for getting
admission to Diploma in Live Stock Management conducted by
the University for internal selection to the post of Far Assistant
Grade-II.
2. Petitioners 1, 2 and 4 acquired the
qualification of Plus Two Course by taking equivalency
examination conducted by Government of Kerala and the 3 rd
petitioner acquired the qualification of Plus Two Course by
doing the course in the Open School. They participated in the
contact classes conducted on Saturdays and Sundays without
affecting their discharge of duty as part of service.
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3. The University, by communication dated
10.03.2021, directed the employees to seek prior permission
for higher studies as higher studies of employees are
adversely affecting the functioning of University. Petitioners 1
to 3 completed the Plus Two Course and passed the
examination prior to the communication. The 4th petitioner
though completed the course, but passed the examination in
May, 2021.
4. Now, they are in the list of candidates for
admission to the Diploma Course. They apprehend that they
are likely to be weeded out for the reason that they acquired
the basic qualification of Plus Two during their period of service
without obtaining permission from University. This Court, on
similar fact situation held that those who cleared the course
and passed the examination prior to 10.03.2021 are not
affected by the communication of University which prescribed
prior permission from University for higher studies.
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5. Hence, the petitioners seek direction to the
respondents to consider them for shortlisting for admission to
the Course of Diploma in Live Stock Management without
insisting the prior permission of the University for doing the
Plus Two Course or its equivalent Course by the petitioners.
6. I have heard the learned Counsel for the
petitioners and the learned Standing Counsel representing the
University.
7. I find that similar writ petitions came up for
hearing earlier and this Court in W.P.(C) No.46678 of 2024 and
connected cases gave a direction to the following effect:-
In the facts of the case, these writ petitions are
disposed of directing the 2nd respondent to consider the
eligibility of the petitioners for admission to the Diploma in
Livestock Farm Management Course taking note of the fact
that the petitioners claim to have acquired qualifications
prior to issuance of Ext.P3. The petitioners shall produce all
relevant documents in this regard before the Registrar
within a period of five days. The Registrar shall take
appropriate decision at the earliest and at any rate before
finalising the admission to the Course.
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8. Taking into consideration the facts that the
petitioners are also some what identically situated like the
petitioners in W.P.(C) No.46678 of 2024 and connected cases,
it would be only just and proper that the grievance of the
petitioners is also considered by the Registrar while taking final
decision in the matter.
The writ petition is accordingly disposed of directing
the 2nd respondent-Registrar that the petitioners' claim may
also be considered while shortlisting the candidates for
admission to the post.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:14393
APPENDIX OF WP(C) 6956/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF CERTIFICATE NO.HSEE 113805
DATED 19.3.2020 AS REGARD THE PASSING
OF HIGHER SECONDARY EQUIVALENCY
EXAMINATION HELD IN DECEMBER 2019
PERTAINING TO THE 1ST PETITIONER BY
GOVERNMENT OF KERALA
Exhibit P2 TRUE COPY OF CERTIFICATE NO.HSEE 113916
DATED 19.3.2020 AS REGARD THE PASSING
OF HIGHER SECONDARY EQUIVALENCY
EXAMINATION HELD IN DECEMBER 2019
PERTAINING TO THE 2NDPETITIONER BY
GOVERNMENT OF KERALA
Exhibit P3 TRUE COPY OF MARKS STATEMENT DATED
6.6.2016 AS REGARD THE PASSING OF
SENIOR SECONDARY SCHOOL EXAMINATION
HELD IN APRIL 2016 PERTAINING TO THE
3RD PETITIONER BY NATIONAL INSTITUTE OF
OPEN SCHOOLING (ROLL NO.090058153019)
Exhibit P4 TRUE COPY OF CERTIFICATE
NO.EQ/21512/2016 DATED 24.10.2016 TO
RECKON SENIOR SECONDARY SCHOOL
EXAMINATION AS ELIGIBLE FOR HIGHER
STUDIES BY DOING CORRESPONDENCE STUDY
CONDUCTED BY UNIVERSITY OF CALICUT
Exhibit P5 TRUE COPY OF CERTIFICATE NO.HSEE 113410
DATED 10.9.2021 AS REGARD THE PASSING
OF HIGHER SECONDARY EQUIVALENCY
EXAMINATION HELD IN MAY 2021 PERTAINING
TO THE 4THPETITIONER BY GOVERNMENT OF
KERALA
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Exhibit P6 TRUE COPY OF CIRCULAR
NO.KVASU/GA/A3/4184/2024(19) DATED
28.1.2025 PUBLISHING THE RESULT OF
ENTRANCE EXAMINATION BY THE UNIVERSITY
Exhibit P7 TRUE COPY OF JUDGMENT DATED 12.2.2025
IN W.P.(C) NO.5264/2025 BY THE HON'BLE
HIGH COURT OF KERALA
