Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943 WA NO. 272 OF 2022 AGAINST THE INTERIM ORDER DATED 24.01.2022 IN WP(C) APPELLANT/5TH RESPONDENT: MANAGER ZAMORIN'S GURUVAYURAPPAN COLLEGE, KOZHIKKODE - 673014. BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SRI.P.JERIL BABU SRI.A.L.NAVANEETH KRISHNAN RESPONDENTS/WRIT PETITIONERS & RESPONDENTS 1 TO 4:
1 NOUSHAD K. P. AGED 33 YEARS S/O.HASSAN KUTTY K. P., KARATTUPARAMBATH HOUSE, VALIYAPARAMBA P. O., PULIKKAL, MALAPPURAM, KERALA - 673 637. 2 MOHAMMED MIDIAJ KOZHUKKAL AGED 28 YEARS S/O.MUHAMMED BASHEER, KOZHUMMAL, KOZHUKKAL HOUSE, PATTUVAM P. O., TALIPARAMBA, KANNUR, KERALA - 670 143. 3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. :2: & 4 UNIVERSITY GRANTS COMMISSION - UGC BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110 002, REPRESENTED BY ITS CHAIRMAN. 5 CALICUT UNIVERSITY CALICUT UNIVERSITY P. O., THENHIPALAM, MALAPPURAM - 673635, REPRESENTED BY ITS REGISTRAR. 6 VICE CHANCELLOR CALICUT UNIVERSITY P. O., THENHIPALAM, MALAPPURAM - 673635., REPRESENTED BY ITS REGISTRAR.
BY ADVS. SRI.THOMAS ABRAHAM SRI.ANANTHA PADMANABHAN SRI.S.KRISHNAMOORTHY, CGC SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY SRI.MERCIAMMA MATHEW SRI.ASWIN.P.JOHN SRI.THAYYIB SHA P.S. SRI.PAUL BABY BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2022, ALONG WITH WP(C).2038/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :3: &
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943 WP(C) NO. 2038 OF 2022 PETITIONERS: 1 NOUSHAD K.P., AGED 33 YEARS S/O. HASSAN KUTTY K P, KARATTUPARAMBATH HOUSE, VALIYAPARAMBA P.O, PULIKKAL, MALAPPURAM, KERALA 673 637 2 MOHAMMED MIDLAJ KOZHUKKAL, AGED 28 YEARS S/O MOHAMMED BASHEER KOZHUMMAL, KOZHUKKAL HOUSE, PATTUVAM P.O, THALIPARAMBA, KANNUR KERALA 670 143 BY ADVS. SRI.THOMAS ABRAHAM SRI.MERCIAMMA MATHEW SRI.R.ANANTHAPADMANABAN SRI.THAYYIB SHA P.S. SRI.PAUL BABY SRI.ASWIN.P.JOHN SRI.ANIL K.NAIR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, :4: & HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 UNIVERSITY GRANTS COMMISSION- UGC BAHADUR SHAH ZAFAR MARG, NEW DELHI 110 002 REPRESENTED BY ITS CHAIRMAN 3 CALICUT UNIVERSITY CALICUT UNIVRSITY P.O, THENHIPALAM, MALAPPURAM 673 635 REPRESENTED BY ITS REGISTRAR 4 VICE CHANCELLOR, CALICUT UNIVERSITY P.O, THENHIPALAM, MALAPPURAM 673 635 REPRESENTED BY ITS REGISTRAR 5 MANAGER, ZAMORIN'S GURUVAYURAPPAN COLLEGE, KOZHIKODE 673 014 BY ADVS. SRI.S.KRISHNAMOORTHY, CGC SRI.GEORGE POONTHOTTAM (SR.) SRI.NAVANEETH KRISHNAN SRI.P.JERIL BABUBY BY GOVT.PLEADER SRI.BIJOY CHANDRAN SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2022, ALONG WITH WA.272/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :5: &
JUDGMENT
A.K.Jayasankaran Nambiar, J.
This Writ Appeal is preferred by the Manager of Zamorin's Guruvayurappan College, aggrieved by an interim order dated 24.01.2022 of a learned Single Judge in WP(C).No.2038 of 2022. By the said interim order, the learned Single Judge, taking note of the
judgment dated 18.11.2021 of another learned Single Judge in
W.P(C).No.5195 of 2021, restrained the appellant from proceeding with the holding of a selection for appointment of Assistant Professors in the Commerce Department of the Zamorin's Guruvayurappan College affiliated to the Calicut University.
2. When the matter came up for admission before us, we called
for the Writ Petition itself so that the same could be heard along with this appeal and another connected appeal ie. W.A.No.221 of 2022 that was preferred against the judgment dated 18.11.2021 in WP(C).No.5195 of 2021. By a separate judgment dictated today, we have allowed W.A.No.221 of 2022 by setting aside the judgment of the :6: & learned Single Judge in WP(C).No.5195 of 2021. We have, while doing so, found that there was no warrant for the learned Single Judge to have directed the consideration of Post Graduate Degree holders in Management to the vacancies notified of Assistant Professors in the Department of Commerce. Following the said judgment, which we find applicable to the facts in the instant Writ Appeal, we set aside the interim order dated 24.01.2022 of the learned Single Judge and allow the Writ Appeal. For the same reason, we also dismiss WP(C).No.2038 of 2022 taking note of the directions issued in the judgment dated 14.03.2022 in W.A.No.221 of 2022 where we had directed the Calicut University to consider the representation preferred by the petitioners in that Writ Petition.
3. Before parting with this Writ Appeal, we might also observe
that at the time of admitting the Writ appeal, it was brought to our notice by the learned Senior counsel for the appellant Sri.George Poonthottam that the Government had in connection with the selection procedure for selecting the Assistant Professors in the Department of Commerce, nominated Sri.M.G.Ranjith Kumar, Additional Secretary to Government, presently on duty as Managing Director, KSWCFC, as the Government representative to the Staff Selection Committee of the :7: & college, inter alia, for filling up the teaching post of Assistant Professor in Commerce. We are told that, in view of the pendency of the Writ Appeal before this Court, the selection procedure was deferred. We make it clear that inasmuch as the Writ Appeal has now been allowed and the Writ petition itself dismissed, the appellant herein can proceed with the selection process and to enable the same the 1 st respondent Government shall ensure that its nominee as above shall be deputed for the purpose so that the selection process can be held without any further delay. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE Sd/- MOHAMMED NIAS C.P. JUDGE mns :8: & APPENDIX OF WP(C) 2038/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 18-11-2021 OF THIS HON'BLE COURT IN W.P(C) NO. 5195 OF 2021 Exhibit P2 THE TRUE COPY OF THE NOTIFICATION DATED 15-11-2021 ISSUED BY ZAMORIN'S GURUVAYURAPPAN COLLEGE , KOZHIKODE Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 20-12-2021 SUBMITTED BY THE PETITIONERS Exhibit P4 THE TRUE COPY OF THE U.O NO.4733/2013/CU DATED 11.10.2013 ISSUED BY CALICUT UNIVERSITY. Exhibit P5 THE TRUE COPY OF THE NOTIFICATION
DATED 26.2.2014 WHEREIN THE REGULATIONS OF CALICUT UNIVERSITY ARE AMENDED IN TUNE WITH THE UGC REGULATIONS, 2010.
Exhibit P6 THE TRUE COPY OF THE NOTIFICATION DATED 26.2.2020 WHEREIN THE UGC REGULATIONS 2018 ARE IMPLEMENTED IN TOTO IN CALICUT UNIVERSITY. Exhibit P7 THE TRUE COPY OF THE QUERY MADE BY AN :9: & AGGRIEVED PERSON NAMED MOHAMMED THAYYIB K UNDER THE RTI ACT TO ELICIT THE RELEVANT INFORMATION. Exhibit P7(a) THE REPLY TO THE QUERIES GIVEN BY THE SPIO OF 5TH RESPONDENT COLLEGE. Exhibit P8 THE TRUE COPY OF THE COMMUNICATION DATED 2.12.2021 ISSUED BY THE COLLEGIATE EDUCATION DIRECTOR TO THE DEPUTY DIRECTOR. Exhibit P8(a) THE TRUE COPY OF THE REPLY DATED 11.1.2022 SENT BY THE DEPUTY DIRECTOR TO THE DIRECTOR. Exhibit P9 THE TRUE COPY OF THE QUERY MADE BY AN AGGRIEVED PERSON BY NAME MOHAMMED RASHID TO THE 5TH RESPONDENT. Exhibit P9(a) THE ANSWER TO THE QUERIES IN EXHIBIT P9 ISSUED BY THE 5TH RESPONDENT. Exhibit P10 THE TRUE COPY OF THE QUERY UNDER THE RTI ACT SUBMITTED BEFORE THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE. Exhibit P10(a) THE TRUE COPY OF THE REPLY FURNISHED UNDER RTI ACT IN ANSWER TO EXHIBIT P10. :10: & RESPONDENT EXHIBITS
Exhibit R5(A) TRUE COPY OF THE GOVERNMENT ORDER
BEARING NO. G.O(MS) Exhibit R5(B) TRUE COPY OF THE GOVERNMENT ORDER/LETTER BEARING NO. D2/2021/EDN. DATED 01/06/2021 //TRUE COPY// P.A TO JUDGE