[Cites 2, Cited by 0]
Kerala High Court
Mrs. Archana P.J vs The Manager on 11 February, 2026
2026:KER:12698
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
WP(C) NO. 20430 OF 2023
PETITIONER:
MRS. ARCHANA P.J.,
AGED 28 YEARS, D/O. PRADEEP P.,
JANAKI BHAVANAM, ERAVIPURAM P.O.,
KOLLAM, PIN - 691011 (WORKING AS ASSISTANT
PROFESSOR OF BOTANY, S.N. COLLEGE FOR
WOMEN'S, KOLLAM).
BY ADVS.
SMT.ELIZEBATH GEORGE
SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 THE MANAGER,
S.N. COLLEGES, KOLLAM, PIN - 691001.
2 THE PRINCIPAL,
S.N. COLLEGE FOR WOMEN'S, KOLLAM,
PIN - 691001.
3 THE UNIVERSITY OF KERALA,
REPRESENTED BY REGISTRAR, UNIVERSITY CAMPUS,
THIRUVANANTHAPURAM, PIN - 695001.
4 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
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W.P.(C) No.20430 of 2023
2026:KER:12698
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
5 THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695001.
6 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
CROSS JUNCTION, KADAPPAKADA, KOLLAM,
PIN - 691001.
BY ADVS.
SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
A.N.RAJAN BABU
SMT.SYLAJA S.L., GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.20430 of 2023
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JUDGMENT
The petitioner was appointed as an Assistant Professor in
Botany with the College managed by the 1st respondent herein
pursuant to Ext.P1 order dated 19.12.2018. The University sought
for clarification as regards the approval to be granted to the
appointment of the petitioner as above, insofar as there was doubt
with reference to the available workload. The Government came
out with Ext.P3, essentially holding that, with reference to the
workload, the petitioner could be approved only against the
transfer vacancy of one Smt.Reshmi, with effect from 17.06.2019.
With reference to the afore, the proceedings at Ext.P7 was issued,
approving the appointment of the petitioner as above. However,
the petitioner claims that her appointment ought to have been
approved with reference to the date of Ext.P1 - 19.12.2018. When
such a stand was taken, by the impugned proceedings at Ext.P10,
the Government refused to accept the afore submission made by
the petitioner and hence this writ petition.
2. Heard Sri.M.S.Radhakrishnan Nair, the learned counsel
for the petitioner, Sri.A.N.Rajan Babu, the learned counsel for
respondents 1 and 2, Sri.Thomas Abraham, the learned counsel
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for the 3rd respondent, as well as Smt.Sylaja S.L., the learned
Government Pleader for respondents 4 to 6.
3. The fact that the petitioner was appointed on
19.12.2018 pursuant to Ext.P1 is not in dispute. However, the
University sought for clarification with reference to the existing
workload of 84 hours and according to the University, since there
were already five Assistant Professors including the Principal, who
was also teaching Botany, the petitioner could not be
accommodated. It was in such circumstances that the clarification
was sought, which led to the controversy.
4. Therefore, essentially, the question arising for
consideration is as to whether the Principal could also be taken on
par with the Assistant Professors herein. Sri.Radhakrishnan Nair,
the learned counsel for the petitioner, sought to rely on the
provisions of Section 57(2) of the Kerala University Act, 1969, to
point out that a Principal is being appointed from among the
eligible teachers in the College and therefore, a person who has
been appointed as a Principal cannot thereafter be considered
along with the Assistant Professors. I find much force in the afore
submission, especially with reference to the contents of Ext.P6
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Government Order dated 09.05.2018, wherein, the Principal
has been only directed to handle five hours of workload per week
as regards his subject as against the other Assistant Professors,
who require to undertake 16 hours workload per week. Therefore,
the fact that the Principal is being considered separately from
Assistant Professors is not in dispute. However, while issuing the
order at Ext.P10, impugned in this writ petition, the issue has not
been addressed with reference to the afore position.
5. In such circumstances, I am of the opinion that the
petitioner is entitled to succeed. This is especially so, going by the
Government Order at R6(b) dated 01.11.2013, which permits the
management to make fresh appointments to a vacancy arising as
against the promotion of a teacher as Principal. Therefore, even
going by the contents of Ext.R6(b), the Government having
themselves accepted that the Principal is forming a separate cadre
altogether, the contention raised by the petitioner ought to have
been accepted. As already noticed, the consideration made while
issuing Ext.P10 does not appear to be correct.
Accordingly, this writ petition would stand allowed, setting
aside Ext.P10. There will be a consequential direction to the
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respondents herein to approve the appointment of the petitioner
as Assistant Professor with effect from the date of Ext.P1.
Needless to say that the petitioner to be extended all
consequential benefits on account of the afore.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
2026:KER:12698
APPENDIX OF WP(C) NO. 20430 OF 2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THAT ORDER NO.
2/SNT/4007/2018(3) DATED 19.12.2018.
Exhibit P2 TRUE COPY OF THAT LETTER NO.
ACFIII/14156/2019 DATED 15.7.2019.
Exhibit P3 TRUE COPY OF THAT REPLY NO.
D1/226/2019/H.EDN. DATED 17.1.2020.
Exhibit P4 TRUE COPY OF THE WORKLOAD ASSESSMENT.
Exhibit P5 TRUE COPY OF THAT WORKLOAD ORDER NO.
AC.FIII/2/35862/2018 DATED 1.4.2019.
Exhibit P6 TRUE COPY OF G.O.(MS) NO. 93/2018/ H.EDN.
DATED 9.5.2018.
Exhibit P7 TRUE COPY OF ORDER NO. 2/SNT/5237 DATED
29.2.2020.
Exhibit P8 TRUE COPY OF ORDER NO.AC.FIII/1/
7737/2019.
Exhibit P9 TRUE COPY OF THAT JUDGMENT IN WP(C)
23574/21 DATED 27.6.22.
Exhibit P10 TRUE COPY OF THAT ORDER NO.D4/40790/2021/
DCE TVM DATED 3.6.2023.
Exhibit P11 TRUE COPY OF THE RELEVANT PORTION UGC
REGULATIONS 2010.
RESPONDENTS' EXHIBITS
EXHIBIT R3(a) THE TRUE COPY OF THE GO (MS)
155/2020/HEDN DATED 01.04.2020.
ANNEXURE R6(a) TRUE COPY OF THE GOVERNMENT ORDER
GO(MS)NO. 87/2012/H.EDN DATED
12.03.2012.
ANNEXURE R6(b) TRUE COPY OF THE GOVERNMENT ORDER
GO(MS)NO. 677/2013/H.EDN DATED
01.11.2013.
