Kerala High Court
Dr Muhammed Thaha vs The Director Of Collegiate Education on 13 May, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:33517
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 13319 OF 2024
PETITIONER:
DR MUHAMMED THAHA
AGED 53 YEARS
S/O T.M. ABDUL JAMEEL MOULAVI,
VALIYAVEETTIL HOUSE,
NORTH OF SHEHIDAR MASJID,
KAYAMKULAM, P.O., GANDHI NAGAR,
KAYAMKULAM, ALAPPUZHA DISTRICT;
PRINCIPAL, M.S.M. COLLEGE, KAYAMKULAM,
ALAPPUZHA DISTRICT., PIN - 690502
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
RESPONDENTS:
1 THE DIRECTOR OF COLLEGIATE EDUCATION
6TH FLOOR, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
2 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
THEVALLY, KOLLAM, PIN-691009 SUBSTITUTED AS
DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
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W.P.(C) No.13319/2024
:2:
EDUCATION, SOUTH ZONE, ASP TOWER,
CHAMAKKADA, KOLLAM - 691001
(ADDRESS OF THE 2ND ERSPONDENT IS SUBSTITUTED
AS PER ORDER DATED 29.05.2024 IN IA 2/24 IN WPC
NO.13319/2024
3 THE UNIVERSITY OF KERALA
SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS
REGISTRAR, PIN - 695034
4 THE SYNDICATE
UNIVERSITY OF KERALA,
SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHAIRMAN, PIN - 695034
5 THE VICE CHANCELLOR
UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695034
6 THE MANAGER
MSM COLLEGE, KAYAMKULAM,
ALAPPUZHA DISTRICT, PIN - 690502
BY ADV. SRI. THOMAS ABRAHAM, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.03.2025 AND THE COURT ON 13.05.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.13319/2024
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CR
N. NAGARESH, J.
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W.P.(C) No.13319 of 2024
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Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~
The petitioner, who is working as Principal,
MSM College, Kayamkulam, has filed this writ petition
seeking to direct respondents 3 to 5 to approve the
appointment of the petitioner pursuant to Ext.P4.
2. The petitioner states that a vacancy of
Principal arose in the College on 01.06.2022. A duly
constituted Selection Committee which included nominees of
the University selected the petitioner for appointment as
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Principal. The petitioner was appointed as Principal as per
Ext.P4 letter dated 07.11.2023. A proposal for approval of
the appointment was forwarded to the University as per
Ext.P6 letter dated 09.11.2023. The petitioner was earlier
appointed as Drawing and Disbursing Officer (DDO) with
effect from 01.09.2023.
3. The petitioner states that a controversy
arose as regards admission of a student named Nikhil M.
Thomas. An RTI application dated 30.01.2023 was received
by the petitioner who was the then Public Information Officer.
Ext.P7 application sought information as regards details of
Degree Certificate submitted by Nikhil M. Thomas to obtain
PG admission. The said Nikhil M. Thomas had pursued UG
Course from the same College. The petitioner was not aware
of the said fact. The petitioner informed the RTI applicant
that the genuineness of the Certificate of Nikhil M. Thomas
has to be decided by the University which issued the
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Certificate and informed him to collect the details from
Kalinga University.
4. The petitioner states that the said Nikhil M.
Thomas had produced in the College Ext.P9 Degree
Certificate from Kalinga University, Ext.P10 Migration
Certificate, Ext.P11 Degree Recognition Certificate and
Ext.P12 Eligibility Certificate issued by the University of
Kerala. Therefore, there was no reason to doubt the
genuineness of the qualification of Nikhil M. Thomas.
5. Subsequently, certain other persons also
filed RTI applications seeking similar information. As the
information sought was third party information, the petitioner
sought permission of Nikhil M. Thomas under Section 11 of
the RTI Act. Nikhil M. Thomas denied permission to divulge
any information. The petitioner therefore submitted
appropriate reply to the RTI applications.
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6. Subsequently, the Certificate produced by
the student from Kalinga University was found to be fake.
The petitioner states that the student was admitted to the PG
Course on 28.01.2022 when one Dr. Bhadrakumari was the
Principal of the College. The petitioner being an Associate
Professor in Arabic, had no role whatsoever in the admission
of the student. However, the petitioner was issued with
Ext.P23 show-cause notice dated 05.09.2023. The petitioner
submits that all allegations in Ext.P23, except allegation No.4,
are no way connected to the petitioner. The petitioner
therefore submitted a detailed reply dated 16.09.2023 as per
Ext.P24.
7. The University thereafter decided to
withdraw the approval granted to the petitioner as Principal-
in-Charge. Ext.P25 letter dated 05.01.2024 was issued by
the University to the Manager directing to take disciplinary
action against the petitioner. The petitioner states that
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Ext.P25 is arbitrary and illegal. The petitioner was never
appointed as the Principal-in-Charge though he was
appointed as DDO on various occasions. Though his
appointment as DDO with effect from 01.09.2023 was
approved by the University, the 2nd respondent has not
approved the same. The petitioner was appointed as
Principal with effect from 07.11.2023 following a due
selection process. Ext.P25 therefore cannot be implemented.
Ext.P25 has been issued with the ulterior motive to prevent
the approval of the appointment of the petitioner as Principal.
8. When this writ petition came up for
admission, this Court passed an interim order on 12.04.2024
directing that the petitioner should be allowed to continue as
Principal provisionally and subject to the result of the writ
petition.
9. Respondents 3 to 5 filed a statement and an
additional statement. The respondents stated that the
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Manager, MSM College, Kayamkulam appointed the
petitioner as Principal with effect from 07.11.2023. The
University sought explanation from the College authorities
when the controversy relating to Nikhil M. Thomas came into
light. In spite of receipt of RTI applications and in spite of
reason to suspect genuineness of the Certificate produced by
Nikhil M. Thomas, the College authorities did not act. The
petitioner acted negligently in not cross verifying the
documents on receipt of the RTI applications. The petitioner
has admitted that point No.4 in the show-cause is related to
him as the Public Information Officer.
10. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing
respondents 3 to 5. I have also heard the learned
Government Pleader representing respondents 1 and 2.
11. The petitioner was appointed as Principal of
the College after a due selection process conducted by a
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Selection Committee consisting of University nominees also.
The petitioner was appointed as the Principal as per Ext.P4
letter dated 07.11.2023 and the petitioner joined duty as
Principal on 08.11.2023. The College forwarded the proposal
for approval of appointment to the University.
12. In the meanwhile, a controversy arose
regarding admission of one Nikhil M. Thomas to the PG
Course in the College. The said Nikhil M. Thomas was a UG
student in the same College. But, he produced Ext.P9
Degree Certificate of Kalinga University to obtain admission.
It is alleged that Ext.P9 Certificate is a forged one. The
petitioner would contend that he was not the Principal of the
College at the time of admission of the said Nikhil M.
Thomas. The petitioner was working as Assistant Professor
in Arabic Department. The petitioner had no role in admitting
the student.
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13. In Ext.P25, the allegation raised against the
petitioner is that when RTI applications were received by the
petitioner while he was the Public Information Officer, he
should have taken care to verify the authenticity of Ext.P9
Degree Certificate. It is on that basis that an advice has been
given to initiate disciplinary proceedings.
14. From the pleadings, it is evident that the
petitioner was not involved in admitting the student who is
alleged to have committed forgery, to the PG Course. The
allegation against the petitioner is that the petitioner should
have shown more care in verifying the authenticity of Ext.P9
Certificate when an RTI application was received.
15. There is no dispute that the petitioner was
appointed as Principal of the College after a due selection
process. When the petitioner was the Public Information
Officer and when he received RTI applications, he has acted
as per the provisions of the Right to Information Act, 2005.
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There is no negligence or default on the part of the petitioner
in processing and disposing of the RTI applications. The
allegation is that when RTI applications were received, he
should have investigated the issue raised by the RTI
Applicant. As long as the petitioner is not the competent
officer to deal with such complaint and as long as no specific
complaint regarding any forged document is received, a
Public Information Officer is not legally bound to start any
investigation process. A Public Information Officer has no
such power or obligation under Section 7 of the Right to
Information Act, 2005.
16. Now, assuming that there is negligence on
the part of the petitioner to that extent, an isolated instance of
negligence as alleged against the petitioner cannot be a
reason to decline approval to the appointment of the
petitioner as Principal which was made after a due selection
process. The statement filed by the University would show
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that pursuant to the interim order of this Court, the University
has issued order dated 03.06.2024 granting provisional
approval to the appointment of the petitioner as Principal.
In the facts and circumstances of the case,
the writ petition is disposed of directing respondents 3 to 5 to
confirm the provisional approval of appointment of the
petitioner granted as per University order dated 03.06.2024.
Sd/-
N. NAGARESH, JUDGE
aks/23.04.2025
2025:KER:33517
APPENDIX OF WP(C) 13319/2024
PETITIONER'S EXHIBITS
Exhibit -P1 TRUE COPY OF THE LETTER NO.
C3/11808/2023/DCEDDKLM DATED 23.9.2023
ISSUED BY THE DEPUTY DIRECTOR OF
EDUCATION
Exhibit -P2 TRUE COPY OF THE LETTER NO.
D2/243/2023/H. EDN. DATED 16.7.2013
ISSUED BY THE PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT TO THE 1ST
RESPONDENT
Exhibit -P3 TRUE COPY OF THE MINUTES OF THE
MEETING OF THE SELECTION COMMITTEE FOR
THE PROMOTION AND APPOINTMENT AS
PRINCIPAL HELD ON 5.11.2023
Exhibit -P4 TRUE COPY OF THE LETTER NO.
MSMT/PRL/2023 DATED 7.11.2023 ISSUED
BY THE 6TH RESPONDENT COLLEGE
Exhibit -P5 TRUE COPY OF THE JOINING REPORT DATED
8.11.2023
Exhibit -P6 TRUE COPY OF THE LETTER NO.
MSMT/PRL/9/2023 DATED 9.11.2023 ISSUED
BY THE 6TH RESPONDENT TO THE
UNIVERSITY
Exhibit -P7 TRUE COPY OF THE RTI APPLICATION DATED
30.1.2023 SUBMITTED BY ONE ADIDHYAN A.
Exhibit -P8 TRUE COPY OF THE LETTER NO.
G1/229/2023 DATED 2.2.2023 ISSUED BY
THE 6TH RESPONDENT TO ADIDHYAN
Exhibit -P9 TRUE COPY OF THE CERTIFICATE NO.
0020292 DATED 13.8.2021 ISSUED BY THE
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KALINGA UNIVERSITY
Exhibit -P10 TRUE COPY OF THE MIGRATION CERTIFICATE
NO. 1216582 DATED 5.8.2021 ISSUED BY
THE KALINGA UNIVERSITY
Exhibit -P11 TRUE COPY OF THE ORDER OF THE KERALA
UNIVERSITY NO. 343/2022/UOK DATED
14.1.2022
Exhibit -P12 TRUE COPY OF THE ELIGIBILITY
CERTIFICATE NO. AC.C/063983/2022 DATED
14.1.2022 ISSUED BY THE UNIVERSITY OF
KERALA
Exhibit -P13 TRUE COPY OF THE RTI APPLICATION DATED
27.2.2023 SUBMITTED BY ONE BADUSHA
BASHEER TO THE PRINCIPAL (PUBLIC
INFORMATION OFFICER) OF THE 6TH
RESPONDENT COLLEGE
Exhibit -P14 TRUE COPY OF THE LETTER NO.
G1/469/2023 DATED 7.3.2023 ISSUED BY
THE PRINCIPAL (PUBLIC INFORMATION
OFFICER) OF THE 6TH RESPONDENT COLLEGE
Exhibit -P15 TRUE COPY OF THE RTI APPLICATION DATED
30.3.2023
Exhibit -P16 TRUE COPY OF THE LETTER NO.
G1/623/2023 DATED 1.4.2023 ISSUED BY
THE PUBLIC INFORMATION OFFICER OF THE
6TH RESPONDENT COLLEGE TO NIKHIL M.
THOMAS
Exhibit -P17 TRUE COPY OF THE LETTER DATED
19.4.2023 SENT BY NIKHIL M. THOMAS TO
THE PUBLIC INFORMATION OFFICER OF THE
COLLEGE
Exhibit -P18 TRUE COPY OF THE RTI REPLY NO.
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G1/623/2023 DATED 3.5.2023 ISSUED TO
BADUSHA BASHEER
Exhibit -P19 TRUE COPY OF THE NOTE NO.
ACC/063983/21 DATED 30.12.2021 ISSUED
BY THE VICE CHANCELLOR TO THE STANDING
COMMITTEE OF THE ACADEMIC COUNCIL
Exhibit -P20 TRUE COPY OF THE LETTER NO.
AC.C/LETTER II/2023 DATED 24.06.2023
ISSUED BY THE RESPONDENT UNIVERSITY.
Exhibit -P21 TRUE COPY OF THE LETTER NO.
G2/1066/2023 DATED 24.06.2023 ISSUED
BY THE MSM COLLEGE, ALONG WITH
ENCLOSURES,
Exhibit -P22 TRUE COPY OF THE LETTER NO.
ACC/063983/21 NIKHIL M THOMAS DATED
7.9.2023 ISSUED BY THE UNIVERSITY TO
THE PETITIONER
Exhibit -P23 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
AC.C/063983/M/2023 DATED 5.9.2023
ISSUED BY THE UNIVERSITY
Exhibit -P24 TRUE COPY OF THE LETTER DATED
16.9.2023 ISSUED BY THE PETITIONER TO
THE REGISTRAR OF THE UNIVERSITY
Exhibit -P25 TRUE COPY OF THE LETTER NO.
ACC/063983/21 NIKHIL M THOMAS DATED
5.1.2024 ISSUED BY THE UNIVERSITY TO
THE MANAGER OF THE COLLEGE
Exhibit -P26 TRUE COPY OF THE LETTER NO. MSMT/24
DATED 08.01.2024 ISSUED BY THE MANAGER
OF THE COLLEGE TO THE REGISTRAR OF THE
UNIVERSITY
Exhibit -P27 TRUE COPY OF THE ORDER BEARING U.O.NO.
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4077/2024/UOK DATED 16.05.2024 ISSUED
BY THE 3RD RESPONDENT UNIVERSITY
Exhibit P28 TRUE COPY OF THE LETTER NO.
DDKLM/977/2024-B4 DATED 25.7.2024
ISSUED BY THE 2ND RESPONDENT.
