Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 37104 OF 2023 PETITIONER: DR. PRIYA. R.S, AGED 39 YEARS W/O. N.K. SAJEEVKUMAR, THOPPIL VEEDU, NAIDU JUNCTION, PERUNGUZHI P.O., THIRUVANANTHAPURAM (NOW WORKING AS ASSISTANT PROFESSOR OF STATISTICS, S.N. GURU COLLEGE, CHELANNUR), PIN - 695305
BY ADVS. ELIZEBATH GEORGE M.S.RADHAKRISHNAN NAIR RESPONDENTS: 1 THE MANAGER SREE NARAYANA COLLEGE KOLLAM, PIN - 691001 2 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 691001 3 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 4 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE, MANANCHIRA, KOZHIKODE, PIN - 673001 5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOLLAM, CROSS JUNCTION, KADAPPAKADA, KOLLAM DISTRICT, PIN - 691001 6 KERALA UNIVERSITY REPRESENTED BY REGISTRAR, -2- UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN - 691001 7 CALICUT UNIVERSITY REPRESENTED BY THE REGISTRAR, UNIVERSITY CAMPUS, THENJIPPALAM, MALAPPURAM, PIN - 673636
BY ADVS. R1 BY SRI.A.N.RAJAN BABU SRI.THOMAS ABRAHAM,SC BY SRI.P.C.SASIDHARAN, SC BY SMT.K.G.SAROJINI, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
MOHAMMED NIAS C.P., J.
--------------------- --------------------------- Dated this the 1st day of February, 2024
JUDGMENT
The petitioner is working as an Assistant Professor in Statistics in SN Guru College, Chelannur coming under Calicut University. She was appointed after a due selection process, as revealed from Ext.P1. The approval was not given to the appointment of the petitioner for want of sufficient workload for sanctioning of the post. The petitioner submits that under the same management, S N College for Women, Kollam, there is a post and that the petitioner can be reallocated to the said college coming under Kerala University. Even though the colleges are coming under different Universities since all of them come under the same corporate management, they are treated as a single unit. The first respondent had already moved the Government through Ext.P6 dated 15.5.2023 seeking permission for re-allocation of the petitioner.
2. Learned standing counsel for Calicut University submits that no -4- decision was taken in the absence of approval from the Government.
3. The petitioner has been working since 2020 without approval and
salary and the college in Kollam, can accommodate the petitioner as there is one vacancy available in that College and no prejudice will be caused to anyone by granting the approval sought. The second respondent will consider the same in the light of the above fact.
4. In the said circumstances, I direct the second respondent to
consider Ext.P6 with notice to the petitioner and affected parties, if any, and take a decision on the same for re-allocating the petitioner from the Calicut University to S N College for Women, Kollam, coming under the Kerala University. A decision as directed above shall be taken within two months from today. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C.P. JUDGE dlk/1.2.2024 -5- APPENDIX OF WP(C) 37104/2023 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER NO. 2/SNT/857 DATED 24.9.2020 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. COURT EXHIBIT P3 TRUE COPY OF THE LETTER NO. D1/79/2022/HEDN. DATED 7.10.2022 ISSUED BY THE FIRST RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER NO. HEDN.D1/58/2023/HEDN. DATED 13.3.2023 ISSUED BY THE FIRST RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION NO.5/159 DATED 18.5.2023 SUBMITTED BY THE FIRST RESPONDENT BEFORE THE THIRD RESPONDENT EXHIBIT P6 TRUE COPY OF THE REPRESENTATION NO. 5(C)/160 DATED 15.5.2023 SUBMITTED BY THE FIRST RESPONDENT BEFORE THE SECOND RESPONDENT RESPONDENT ANNEXURES ANNEXURE R6(A) THE TRUE COPY OF THE U.O. NO. 38097/20223/UOK DATED 16/05/2023 ANNEXURE R6(B) THE TRUE COPY OF THE UO NO.AC.F.III/2/35862/2018 DATED 01/04/2019 EXHIBIT R1(C) TRUE COPY OF THE ORDER NO. H.EDN D1/30/2023-H.EDN
DATED 19.08.2023 ISSUED BY PRINCIPAL SECRETARY OF HIGHER EDUCATION DEPARTMENT IS HEREWITH PRODUCED AND MARKED EXHIBIT R1(D) TRUE COPY OF THE MINUTES OF THE MEETING OF SELECTION COMMITTEE HELD ON 14.08.2020 AT S.N.COLLEGE, CHERTHALA AND THE COPY OF THE RANK LIST PUBLISHED ON 14.08.2020 AFTER CONDUCTING -6- INTERVIEW ON THE SAME DAY IS PRODUCED HEREWITH EXHIBIT R1(B) SIMILAR NOTIFICARTION IN INDIAN EXPRESS NEWS DAILY DATED 01/01/2020 EXHIBIT R1(E) TRUE COPY OF LETTER NO.D2/214/2019/HEDN.DATED EXHIBIT R1(A) TRUE COPY OF THE NOTIFICATION PUBLISHED IN MALAYALAMANORAMA NEWS DAILY DATED 01/01/2020 FOR THE POST OF ASSISTANT PROFFESSOR IN VARIOUS SUBJECTS INCLUDING THE POST OF STATISTICS IS PRODUCED