Aiswarya Philip vs State Of Kerala
2025 Latest Caselaw 9969 Ker

Kerala High Court

Aiswarya Philip vs State Of Kerala on 23 October, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                             2025:KER:79010

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947

                  WP(C) NO. 38951 OF 2025

PETITIONERS:
    1     AISWARYA PHILIP,
          AGED 33 YEARS,
          D/O P V PHILIP, PANAMTHUNDIL MRA - 26 (A)
          MANIKANTESWARA M P.O,
          THIRUVANANTHAPURAM, PIN - 695013

    2    ARYALEKSHMI P.T.,
         AGED 33 YEARS,
         D/O PRASENAN,
         KUTTIVELIKONAM KOTTUKONNAM P.O.,
         VAMANAPURAM,
         THIRUVNANTHAPURAM, PIN - 695606

    3    ANEESHA P.S.,
         AGED 35 YEARS,
         D/O P A SASIDHARAN, UMMATHOOR HOUSE, MUNDERI,
         KALPETTA( P.O.), WAYANAD, PIN - 673121

    4    ASHMITHA STANLEY,
         AGED 29 YEARS,
         D/O K P STANLI CHRISTUDAS,
         NOEL NO.10 A NAVODAYA GARDENS NALANCHIRA P.O
         THIRUVANANTHAPURAM, PIN - 695015

    5    ARUN KUMAR K.,
         AGED 35 YEARS,
         S/O VIJAYAN, KUNIYIL, KADIYANGAD P O,
         PERAMBRA, KOZHIKODE, PIN - 673525

         BY ADVS.
         SMT.M.M.BABY
         SRI.JOHNY K. JOHN
         SHRI.HARIKUMAR G.
                                                2025:KER:79010
W.P.(C) No.38951/2025
                             :2:


RESPONDENTS:

     1     STATE OF KERALA,
           REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
           DEPARTMENT OF HIGHER EDUCATION,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001

     2     PRINCIPAL SECRETARY,
           FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001

     3     DIRECTOR OF COLLEGIATE EDUCATION,
           COLLEGIATE EDUCATION DIRECTORATE,
           VIKAS BHAVAN PO,
           THIRUVANANTHAPURAM, PIN - 695033

     4     THE KERALA PUBLIC SERVICE COMMISSION,
           REPRESENTED BY ITS SECRETARY OFFICE OF THE
           KERALA PUBLIC SERVICE COMMISSION,
           PATTOM,
           THIRUVANANTHAPURAM, PIN - 695004

           BY ADVS.
           SRI.P.C.SASIDHARAN, SC
           SMT.ANIMA M., GOVERNMENT PLEADER

     THIS WRIT PETITION      (CIVIL) HAVING COME UP      FOR
ADMISSION ON 23.10.2025,     THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.38951/2025
                                    :3:




                              JUDGMENT

Dated this the 23rd day of October, 2025

The petitioners have filed this writ petition seeking the

following reliefs:

"i) To direct respondents 1 to 3 to create/sanction 13 vacancies in the Departments of Geography in the Government Colleges where the Guest Lecturers are appointed and report 12 vacancies to the 4th respondent after adjusting 1 excess post in the Department of Geography in University College Thiruvananthapuram.

ii) To direct the 3rd respondent to provisionally create and report to the 4th respondent on or before 06/12/2025, the date of expiry of Ext P1 rank list, 1 vacancy in the Departments of Geography in the Government Arts and Science College Kulathoor which is due in Academic year 2016-2017, 6 vacancies in the Departments of Geography in the Government Arts and Science Colleges, Tholanur and Nilambur which are due in the academic year 2020-2021, if there is any administrative delay in creating/sanctioning the above posts before the expiry of Ext.P1 rank list.

iii) To direct the respondents to extend the rank list till the aforesaid 12 vacancies are reported to the 4 th respondent."

2025:KER:79010

2. It is evident from the pleadings that the issue

agitated by the petitioners relates to service matter regarding

the appointment of Professors / Teachers in Government

Colleges under the Director of Collegiate Education.

3. Counsel for the petitioners submits that as the

issue relates to creation of post, a writ petition is maintainable. I

find that the Administrative Tribunal dealing with the service

matters also have all the powers of this Court to adjudicate as

far as the creation of posts is concerned.

In such circumstances, a writ petition will not be

maintainable as the petitioners have alternate remedy under the

Administrative Tribunals Act, 1985. The writ petition is therefore

dismissed as withdrawn, granting liberty to the petitioners to

approach the appropriate Tribunal.

Sd/-

N. NAGARESH JUDGE SR 2025:KER:79010

APPENDIX OF WP(C) 38951/2025

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE RANK LIST NO:

701/2022/SSVI IN CATEGORY NO: 294/2019 PUBLISHED BY THE 4TH RESPONDENT ON 07/12/2022 Exhibit P2 THE TRUE COPY OF G.O.(MS) NO.

155/2020/HEDN DATED 01/04/2020 ISSUED BY THE 1ST RESPONDENT Exhibit P3 THE TRUE COPY OF G.O. (MS) NO.193/2020/HEDN DATED 25/05/2020 ISSUED BY THE 1ST RESPONDENT Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGES 94 AND 95 OF THE UGC REGULATIONS NO. F1.1- 2/2017 (EC/PS) DATED 18.07.2018 Exhibit P5 THE TRUE COPY OF G.O. (MS) NO.672/13/HEDN DATED 30.10.2013 OF THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF G.O. (MS) NO.129/18/HEDN DATED 08.06.2018 OF THE 1ST RESPONDENT Exhibit P7 THE TRUE COPY OF THE RELEVANT PAGES OF G.O. (MS) NO. 389/2020/HEDN DATED 05/11/2020 Exhibit P8 THE TRUE COPY OF G.O. (MS) NO.

44/2008/HEDN DATED 02.02.2018 Exhibit P9 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 26.09.2025 TO THE 1ST RESPONDENT Exhibit P10 THE TRUE COPY OF THE REPORT IN MALAYALA MANORAMA DAILY DATED 26.09.2025.