Kerala High Court
Maneesh A vs University Of Calicut on 13 May, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:33625
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. 44544 OF 2024
PETITIONERS:
1 MANEESH A
AGED 38 YEARS, S/O.VASUDEVAN,
ANDISSERI HOUSE, KOLAKKATTUCHALI P.O.,
CHELEMBRA, MALAPPURAM DISTRICT,
PIN - 673634.
2 DILEESH P
AGED 45 YEARS, S/O.VELAYUDHAN,
NILAVU PADUVATTAPARAMBU, PALLIPURAM,
VTC, OLAVANNA, KOZHIKKODE DISTRICT,
PIN - 673019.
3 ANIL KUMAR V
AGED 50 YEARS, S/O.LATE PARAMESWARAN,
AMBALAPARAMBIL HOUSE, MALAPPURAM DISTRICT,
PIN - 673634.
4 ABDUL KAREEM C.C.
AGED 49 YEARS, S/O.VEERAN (LATE),
CHOLAYIL HOUSE, SRAMBYA BAZAAR,
PALLIKKAL P.O., MALAPPURAM DISTRICT,
PIN - 673634.
5 NAJEEB KATTALI
AGED 52 YEARS, S/O.AHAMMED K (LATE).,
KARUKANDIYIL HOUSE, PUTHOOR PALLIKKAL P.O.,
MALAPPURAM DISTRICT, PIN - 673636.
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6 MUHAMMED SAMEER T
AGED 40 YEARS, S/O.KUTTIHASSAN T.,
PAKIDEERI HOUSE, JAWANS NAGAR, PALLIKKAL P.O.,
MALAPPURAM DISTRICT, PIN - 673634.
7 ABDUL RASHEED K.M.
AGED 44 YEARS, S/O.KUNHEEN, MOOLAYIL HOUSE,
KOLAKKATTUCHALI P.O., CHELEMBRA,
MALAPPURAM DISTRICT, PIN - 673634.
8 GOPALAKRISHNAN N.T.
AGED 50 YEARS, S/O.RAMANKUTTY NAIR,
METHRODE HOUSE, THENHIPALAM,
MALAPPURAM DISTRICT, PIN - 673636.
9 SULAIMAN K.T.
AGED 46 YEARS, S/O.UNNIMOYIN K.T.,
KALLEPURATH HOUSE, PALLIKKAL,
MALAPPURAM DISTRICT, PIN - 673634.
10 SALEEM MADATHIL
AGED 46 YEARS
S/O.USMAN M.P.,MANGATTUPARAMBU, KAVANOOR,
MALAPPURAM DISTRICT, PIN - 673639
11 ALI SAID K.C.
AGED 47 YEARS, S/O.MOIDEEN K.C. (LATE),
CHIRAKKAL HOUSE, PUTHOOR PALLIKKAL P.O.,
ANGAPARAMBU, MALAPPURAM DISTRICT,
PIN - 673636.
12 YOOSAF ALI C.V.
AGED 42 YEARS, S/O.MUHAMMED T.K.,
CHERUVALLISSERY HOUSE, AAKKODE P.O.,
VAZHAKKAD, MALAPPURAM DISTRICT,
PIN - 673645.
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13 PRADEEP C
AGED 44 YEARS, S/O.RAMACHANDRAN,
CHAKKINGAL HOUSE, KUZHIYAMPARAMBU,
KUZHIMANNA, MALAPPURAM DISTRICT,
PIN - 673641.
BY ADVS.
BABU S. NAIR
SMITHA BABU
P.A.RAJESH
PRANAV
K.P.DHANEESH
SIDDHARTH KARUN PISHARODY
RESPONDENTS:
1 UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR,
CALICUT UNIVERSITY P.O., THENHIPALAM,
MALAPPURAM DISTRICT, PIN - 673635.
2 VICE CHANCELLOR
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.,
THENHIPALAM, MALAPPURAM DISTRICT, PIN - 673635.
3 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
PATTOM PLACE P.O., TRIVANDRUM, PIN - 695004.
4 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION (B),
GOVERNMENT SECRETARIAT, TRIVANDRUM,
PIN - 695001.
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ADDL.R5 BEBETTO S
S/O SUKUMARAN P ANGALAM PARAMBIL HOUSE,
MELE MURALI, INDUSTRIAL ESTATE PO,
PALAKKAD - 678731.
ADDL.R6 HARIDEVAN P.V.
AGED 37 YEARS
S/O VASUDEVAN NAMBOOTHIRI,
PAKKATHILLAM HOUSE THAMARASSERY P.O,
KOZHIKODE - 673 573.
ADDL.R7 VAISHAK B
AGED 26 YEARS, S/O BHASKAR J,
ANNATHALA HOUSE, SREEDHARA MENON ROAD,
VALLANGHY, NEMMARA P.O,
PALAKKAD - 678 508 PIN - 678500.
ADDL.R8 UMAR MAQBOOL P
S/O KHALEEL HASSAN P,CHADIKKUZHIYIL (H),
PALATH (PO) KAKKODI ,KOZHIKODE -673 611.
ADDL.R9 ARUNKUMAR KO
S/O OMANAKUTTAN C, KARIM PANACKAL (H),
KODUVAZHANGA, NEERICODE PO ,
ERNAKULAM 683 511.
ADDL.R10 SRUTHI THALAYAPPIL RS
D/O RAJASEKHARAN NAIR, BHAVANI SAUDHAM,
KADAKKARAPALLY PO,CHERTHALA ,
ALAPPUZHA- 688 529.
ADDL.R11 SREEJA MS
D/O SURENDRAN KR,URALIL (H),
PUTHIYAKAVU,THRIPUNITHARA PO,
ERNAKULAM- 682 504.
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ADDL.R12 RIYA JAMES K
D/O TOMY JAMES KM,THAIPPADATH HOUSE,
MULAVUKAD PO, ERNAKULAM 682 504.
ADDL.R13 LUBNA SHOUKKATHALI
D/O ABDULLA SHOUKKATHALI,
SAMEER MANZIL, BALUVALLY,
KANCHINADA PO ,TRIVANDRUM - 695 609.
[ADDITIONAL RESPONDENTS 5 TO 13 ARE IMPLEADED
AS PER ORDER DATED 07.01.2025 IN I.A.1/2025 IN
THE WP(C).]
BY ADVS.
SRI.V.VENUGOPAL, SR.GOVERNMENT PLEADER
SRI.P.C.SASIDHARAN, STANDING COUNSEL
SMT.A.ARUNA
SMT.P.V.UTTARA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2025, THE COURT ON 13.05.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.44544/2024
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N. NAGARESH, J.
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W.P.(C) No.44544 of 2024
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Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~
The petitioners, who are working as Clerical
Assistants in the University of Calicut, are before this Court
seeking to command the respondents to appoint the
petitioners to the post of Assistants as per the ratio
prescribed in the Calicut University First Ordinance, 1978.
2. The petitioners state that they were
appointed/promoted as Clerical Assistants during the period
from 2015 onwards. Though the petitioners were appointed
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in 2015 as Clerical Assistants, their probation was declared
with retrospective effect, in the year 2024 due to the
pendency of certain writ petitions.
3. The petitioners state that appointment to the
post of Assistants is by (1) Direct recruitment, (2) by
promotion of Clerical Assistants with SSLC qualification and
five years service in that cadre on the basis of ratio 2:1
between direct recruitment and promotion, (3) Clerical
Assistants who have secured a Degree, on declaration of
probation in the cadre of Clerical Assistants if vacancy exists
and (4) Typists without Degree, who have completed five
years service and Typists who have secured a Degree and
completed three years of service.
4. All the petitioners are Degree holders and
fall under Category (3). Therefore, upon declaration of
probation, the petitioners are eligible to be promoted in the
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post of Assistants. In the year 2015, the Government of
Kerala issued Ext.P17 Notification stating that posting and
appointment of all Non Teaching posts shall be by direct
recruitment through Public Service Commission.
5. The 3rd respondent-PSC was entrusted with
the task of preparation of select list by direct recruitment to
the post of Assistants. The Principal Secretary to the
Government informed the University that appointment to
various posts of Non Teaching Staff can be done by way of
appointment by transfer and also by promotion as per the
relevant Statute of the University. By Ext.P19 judgment in
W.P.(C) No.3187/2018, this Court set aside the Act 18 of
2015 to the extent same entrust the PSC to prepare a select
list for appointment of Non-Teaching Staff only by direct
recruitment. This Court held that if any method other than
direct recruitment is permissible under the University Act or
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Ordinance, that will continue to be in force.
6. The petitioners state that in spite of
Exts.P18 and 19, still the University is resorting to only direct
recruitment for appointment as Assistants. The petitioners
submitted Exts.P20 to P24 representation to the University.
However, the University has not taken steps to promote the
petitioners as Assistants. Therefore, the petitioners seek to
declare that the Clerical Assistants in the 1st respondent-
University, who possess the qualification prescribed in Ext.P3
First Ordinance, are eligible for promotion to the post of
Assistants.
7. Respondents 1 and 2 filed a counter
affidavit. Respondents 1 and 2 submitted that there were
four categories in the cadre of Assistant namely Assistant
Grade-II, Assistant Grade-I, Senior Grade Assistant and
Selection Grade Assistant. On implementation of 8 th Pay
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Revision Order, the posts of Assistant Grade-II and Assistant
Grade-I were merged and designated as Assistant which is
the entry post in the Assistant cadre.
8. As per the service conditions of Non-
Teaching Staff, for promotion of the Clerical Assistants as
Assistants, one of the conditions is that only those Clerical
Assistants who were appointed/promoted to the post of
Clerical Assistants on or before 31.12.2008 and have
secured a Degree can be promoted as Assistants on
declaration of probation if vacancy exists. The afore
amendment was approved by the Sennett of the University
on 02.02.2012 and the amendment has effect from March,
2009.
9. As per the amendment, promotion to the
post of Assistants is restricted to those who were
appointed/promoted as Clerical Assistants on or before
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31.12.2008, and Typists who were appointed on or before
25.03.2006. Since the petitioners are promoted as Clerical
Assistants from 2015 onwards, they are not eligible for
promotion to the post of Assistants.
10. Respondents 5 to 13 resisted the writ
petition filing counter affidavit. Respondents 5 to 13
submitted that they are persons included in the rank list
published by the Kerala Public Service Commission. As per
Ext.R5(b) GO dated 05.01.2008, as a condition to extend the
pay revision benefits to the Non Teaching Staff of all
Universities in the State, Assistant posts in Universities were
merged. This was done on the condition that all future
appointments to the post of Assistant Grade-II (entry level)
will be by way of direct recruitment only. It was ordered that
no other categories will be promoted to the post of Assistant
Grade-II.
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11. The petitioners are aware of the merger of
the Assistant posts. They are seeking promotion to a post on
the basis of provisions related to another post which is now
non existent. The petitioners are all enjoying the pay revision
benefits granted by the Government. The writ petition is
therefore without any merit and is liable to be dismissed.
12. I have heard the learned counsel for the
petitioner and the learned Standing Counsel appearing for
respondents 1 to 3. I have also heard the learned counsel
representing additional respondents 5 to 13.
13. The petitioners are persons who are
appointed to the lower level posts in the University of Calicut.
The petitioners were appointed as Clerical Assistants in the
year 2015. Their probation was declared in the year 2024.
The petitioners contend that in the light of Calicut University
First Ordinance, Clerical Assistants are entitled to be
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promoted as Assistants. The petitioners claim that they are
all holders of Degree whose probation has been declared
and therefore they are entitled to be promoted as Assistants.
14. The counter affidavit filed by respondents 1
and 2 would indicate that consequent to the Government
Order, the schedule of Non Teaching service in Chapter XV
of Calicut University First Ordinance, 1978, governing the
service conditions of the Non Teaching Staff of the University
was amended. The amended schedule reads as follows:
SI.No. Category/ Scale Minimum Age Limit Appointing Method of Recruitment
Post of Pay Qualification Authority
9 Assistant 13900- University Not more Vice Chancellor 1.By recruitment on the basis of merit as
24040 Degree (for than 36 decided by competitive test and interview
direct years inviting application by advertisement in the
recruitment) press.
2. By Promotion: Clerical Assistants who
were appointed/promoted to the post of
Clerical Assistants on or before
31.12.2008 with SSLC qualification and 5
years service in that cadre shall be
promoted as Assistant Grade II subject to
availability of vacancies and on the basis
of ratio of 2:1 between direct recruitment
and promotion.
3. Clerical Assistants who were
appointed /promoted to the post of Clerical
Assistants on or before 31.12.2008 and
have secured a degree be promoted as
Assistant on declaration if probation in the
cadre of Clerical Assistants if vacancy
exists.
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4. Typists without degree who have
completed 5 years service and appointed
in the post of typist on or before
25.03.2006 shall be allowed to change
category as Assistant Grade II. Typists
who possess the prescribed qualifications
for direct recruitment to the post of
Assistant Grade II ie. a degree of Calicut
University or equivalent thereto, and
having four years aggregate service in the
Calicut University.
5.Only a total of 2% of the posts in the
cadre of Assistant Grade II in the Calicut
University is set apart for Clerical Assistant
and Typists together for appointment by
transfer to the post of Assistant Grade II.
Note: This shall not be applicable in the
case of those Clerical Assistants who were
appointed/promoted to the post of Clerical
Assistants on or before 31.12.2008.
15. The afore amendment is effected from
March, 2009. Clause 3 of Column 7 of the amended
schedule would show that it is only those Clerical Assistants
who were appointed/promoted to the post of Clerical
Assistants on or before 31.12.2008 who are eligible for
promotion under the category (3). Admittedly, all the
petitioners were promoted as Clerical Assistants only in the
year 2015 and thereafter. Their probation was declared still
much later. The said amendment to the schedule of Non
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Teaching service in Chapter XV of Calicut University First
Ordinance, 1978 has not been challenged in the writ petition.
In the afore facts and circumstances, I do
not find any merit in the writ petition. The writ petition is
therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/24.04.2025
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APPENDIX OF WP(C) 44544/2024
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED, 29-7-
2015 OF THE FIRST RESPONDENT AS
U.O.NO.8338/2015/ADMN
Exhibit P2 A TRUE COPY OF THE ORDER OF THE FIRST
RESPONDENT DECLARING PROBATION OF THE
PETITIONERS, EXCEPT 5TH PETITIONER,
DATED, 29-6-2024 AS
U.O.NO.10397/2024/ADMN
Exhibit P2(a) A TRUE COPY OF THE ORDER DECLARATION
PROBATION OF THE 5TH PETITIONER DATED,
7-7-2023 AS U.O.NO.10770/2023/ADMN
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGE OF
THE CALICUT UNIVERSITY FIRST ORDINANCE
Exhibit P4 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE FIRST PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
Exhibit P5 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 2ND PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
Exhibit P6 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 3RD PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
Exhibit P7 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 4TH PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
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Exhibit P8 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 5TH PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
Exhibit P9 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 6TH PETITIONER ISSUED BY THE
BHARATHIYAR UNIVERSITY
Exhibit P10 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 7TH PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
Exhibit P11 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 8TH PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
Exhibit P12 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 9TH PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
Exhibit P13 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 10TH PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
Exhibit P14 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 11TH PETITIONER ISSUED BY THE
UNIVERSITY OF CALICUT
Exhibit P15 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 12TH PETITIONER ISSUED BY THE
BHARATHIYAR UNIVERSITY
Exhibit P16 A TRUE COPY OF THE DEGREE CERTIFICATE
OF THE 12TH PETITIONER ISSUED BY THE
BHARATHIYAR UNIVERSITY
Exhibit P17 A TRUE COPY OF THE NOTIFICATION AS ACT
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NO.18/2015 DATED, 21-12-2015 ISSUED BY
THE GOVERNMENT OF KERALA
Exhibit P18 A TRUE COPY OF THE LETTER ISSUED BY
THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, DEPARTMENT OF HIGHER
EDUCATION DATED, 8-10-2023
Exhibit P19 A TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.3187/2018 DATED, 30-8-2018
Exhibit P20 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 10TH PETITIONER
BEFORE THE FIRST RESPONDENT DATED, 27-
8-2024
Exhibit P21 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 10TH PETITIONER
BEFORE THE FIRST RESPONDENT DATED, 21-
8-2019
Exhibit P22 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 11TH PETITIONER
BEFORE THE FIRST RESPONDENT DATED, 14-
8-2024
Exhibit P23 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 4TH PETITIONER BEFORE
THE FIRST RESPONDENT DATED, 29-8-2024
Exhibit P24 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 6TH PETITIONER BEFORE
THE FIRST RESPONDENT DATED, 27-8-2024
Exhibit P25 A TRUE COPY OF THE LETTER
NO.GA.1/F1/334/2012 DATED 23.04.2012
ISSUED BY THE REGISTRAR TO THE
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SECRETARY TO GOVERNOR, KERALA, RAJ
BHAVAN, THIRUVANANTHAPURAM, ALONG WITH
THE AMENDMENT APPROVED BY THE SENATE
IN ITS MEETING HELD ON 30-11-2009 AS
ALSO AMENDMENT TO THE AMENDED VERSION
OF THE ORDINANCE APPROVED BY THE
SENATE IN ITS MEETING HELD ON
02.02.2012
Exhibit P26 TRUE COPY OF THE RELEVANT EXTRACT OF
SECTION 37 OF THE CALICUT UNIVERSITY
ACT, 1975
Exhibit P27 TRUE COPY OF THE JUDGMENT DATED, 1-3-
2016 OF THIS HON'BLE COURT IN W.P.
RESPONDENT'S ANNEXURES
Annexure R5(a) TRUE COPY OF THE RELEVANT PAGES OF THE
RANKED LIST NO. 265/2024/ERII DATED
11.03.2024 PUBLISHED BY THE 3RD
RESPONDENT
RESPONDENT'S EXHIBITS
Exhibit R5(a) TRUE COPY OF THE RELEVANT PAGES OF THE
CALICUT UNIVERSITY FIRST ORDINANCE,
Exhibit R5(b) TRUE COPY OF THE G.O. (P) NO.
3/08/H.EDN DATED 05.01.2008
Exhibit R5(c) TRUE COPY OF THE G.O. (P) NO.
7/2016/H.EDN DATED 26.02.2016
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Exhibit R5(d) TRUE COPY OF THE RELEVANT PAGES OF THE
STATUS OF POSTS WITH RESPECT TO
