Full Judgment
WP(C) NO. 25512 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 30TH DAY OF MARCH 2022 / 9TH CHAITHRA, 1944 WP(C) NO. 25512 OF 2020 PETITIONER/S: 1 JOHN K.JOHN, AGED 34 YEARS, LOWER DIVISION CLERK, BISHOP MOORE COLLEGE, MAVELIKKARA-690 110. 2 SIBI JOHN, LOWER DIVISION STORE KEEPER, BISHOP MOORE COLLEGE, MAVELIKKARA-690 110. BY ADVS. SRI.BABU VARGHESE SRI.C.V.ALEXANDER SRI.ABHAY FERDINAND RESPONDENT/S: 1 THE MANAGER, BISHOP MOORE COLLEGE, MAVELIKKARA-690 110. 2 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY ,DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3 THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 003. 4 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM-691 009. SMT.ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 25512 OF 2020 2
JUDGMENT
When this writ petition was taken up, Sri.Babu Varghese, the learned Senior Counsel submitted that the petitioners have preferred W.P.(C)No.2717 of 2021 challenging the subsequent order passed by the respondents and hence this petition can be closed without prejudice to the right of the petitioners to pursue the reliefs sought for in the subsequent writ petition. Reserving the right as prayed for, this writ petition is dismissed as not pressed. Sd/- RAJA VIJAYARAGHAVAN V, JUDGE DSV WP(C) NO. 25512 OF 2020 3 APPENDIX OF WP(C) 25512/2020 PETITIONER (S) EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 15.9.2011 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE 1ST
EXHIBIT P1 (a) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 15.9.2011 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE 2ND EXHIBIT P2 A TRUE COPY OF THE APPROVAL GRANTED BY THE 3RD RESPONDENT BY ORDER NO F4/53649/2011/COLL.EDN DATED 19.7.2012. EXHIBIT P3 A TRUE COPY OF THE GOVERNMENT LETTER VIDE NO 26040/D3/2009/H.EDN DATED 11.2.2011. EXHIBIT P3 (a) A TRUE COPY OF THE NOTIFICATION APPEARED IN MALAYALA MANORAMA ON 15.6.2011. EXHIBIT P4 A TRUE COPY OF THE PROVISIONAL CERTIFICATE IN M.A.DEGREE ISSUED BY THE UNIVERSITY OF KERALA DATED 17.3.2017. EXHIBIT P4 (a) A TRUE COPY OF THE P.S.C. CERTIFICATE
QUALIFYING THE MANUAL OF OFFICE PROCEDURE TEST ISSUED IN FAVOUR OF THE 1ST PETITIONER DATED 11.4.2014.
EXHIBIT P4 (b) A TRUE COPY OF THE P.S.C.CERTIFICATE OF PASSING ACCOUNT TEST (LOWER) ISSUED IN FAVOUR OF THE 1ST PETITIONER DATED 29.5.2017. EXHIBIT P4 (c) A TRUE COPY OF THE P.S.C.CERTIFICATE OF PASSING ACCOUNT TEST (HIGHER) ISSUED IN FAVOUR OF THE 1ST PETITIONER DATED 29.5.2017. EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE IN SECONDARY SCHOOL LEAVING CERTIFICATE EXAMINATION ISSUED IN FAVOUR OF THE 2ND WP(C) NO. 25512 OF 2020 4 EXHIBIT P5 (a) A TRUE COPY OF THE CERTIFICATE IN
PRE-DEGREE EXAMINATION ISSUED BY THE UNIVERSITY OF KERALA IN FAVOUR OF THE 2ND PETITIONER DATED 10.8.2002. EXHIBIT P5 (b) A TRUE COPY OF THE P.S.C.CERTIFICATE IN MANUAL OF OFFICE PROCEDURE TEST DATED 4.4.2014 ISSUED IN FAVOUR OF THE 2ND EXHIBIT P5 (c) A TRUE COPY OF THE CERTIFICATE IN TYPEWRITING ENGLISH AND COMPUTER WORD PROCESSING (LOWER GRADE) DATED 21.11.2002 ISSUED IN FAVOUR OF THE 2ND PETITIONER. EXHIBIT P5 (d) A TRUE COPY OF THE CERTIFICATE IN TYPEWRITING (ENGLISH) AND COMPUTER WORD PROCESSING (HIGHER) DATED 28.5.2003 ISSUED IN FAVOUR OF THE 2ND PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE FINAL SENIORITY LIST OF NON-TEACHING STAFF DATED 19.9.2016. EXHIBIT P7 A TRUE COPY OF THE PROMOTION ORDER DATED 31.12.2014 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE 1ST PETITIONER. EXHIBIT P7 (a) A TRUE COPY OF THE PROMOTION ORDER DATED 31.8.2015 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE 2ND PETITIONER. EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 23.6.2016 CANCELLING/REJECTING THE PROMOTION GRANTED TO THE 1ST PETITIONER. EXHIBIT P8 (a) A TRUE COPY OF THE LETTER DATED 23.6.2017 CANCELLING/REJECTING THE PROMOTION GRANTED TO THE 2ND PETITIONER. EXHIBIT P9 A TRUE COPY OF THE FRESH PROPOSAL DATED 26.4.2018 SUBMITTED BY THE PRINCIPAL BEFORE THE 3RD RESPONDENT. WP(C) NO. 25512 OF 2020 5 EXHIBIT P10 A TRUE COPY OF THE PROMOTION ORDER ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT ON 18.9.2016. EXHIBIT P10 (a) A TRUE COPY OF THE PROMOTION ORDER ISSUED TO THE 2ND PETITIONER BY THE 1ST RESPONDENT ON 18.9.2016. EXHIBIT P11 A TRUE COPY OF THE RELEVANT PAGES OF THE KERALA UNIVERSITY FIRST STATUTES.
EXHIBIT P12 A TRUE COPY OF THE CLARIFICATION ORDER
VIDE NO E1/32192/2019/DCE DATED 23.9.2019 OF THE 3RD RESPONDENT. EXHIBIT P13 A TRUE COPY OF THE R.T.I APPLICATION DATED 16.2.2016 SUBMITTED BY THE 2ND PETITIONER IN RESPECT OF KARMELA RANI TRAINING COLLEGE. EXHIBIT P13 (a) A TRUE COPY OF THE REPLY DATED 18.2.2016 OBTAINED BY THE 2ND PETITIONER UNDER RIGHT TO INFORMATION ACT. EXHIBIT P14 A TRUE COPY OF THE R.T.I APPLICATION DATED 21.6.2016 SUBMITTED IN RESPECT OF CHRISTIAN COLLEGE, CHENGANNOOR. EXHIBIT P14 (a) A TRUE COPY OF THE REPLY DATED 8.7.2016 OBTAINED UNDER RIGHT TO INFORMATION ACT. EXHIBIT P15 A TRUE COPY OF THE INITIAL APPROVAL OF APPOINTMENT OF THE OFFICIALS AS LAB ASSISTANT ISSUED BY THE 3RD RESPONDENT ON 11.12.2017. EXHIBIT P15 (a) A TRUE COPY OF THE APPROVAL GRANTED BY TH 3RD RESPONDENT TO PROMOTIONS AS L.D.CLERK VIDE ORDER DATED 28.12.2019 WITH ANNEXED STATEMENT. EXHIBIT P16 A TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF THE COLLEGIATE EDUCATION DATED 20.5.2020. WP(C) NO. 25512 OF 2020 6 EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 24.7.2020 IN WPC NO 12371/2020 OF THIS HON'BLE COURT WITH LEGIBLE COPY. EXHIBIT P18 A TRUE COPY OF THE REPRESENTATION DATED 8.7.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXHIBIT P19 A TRUE COPY OF THE JUDGMENT DATED 4.11.2020 IN WPC NO 21125/2020 OF THIS HON'BLE COURT. EXHIBIT P20 A TRUE COPY OF THE GOVERNMENT ORDER NO D3/168/2019/H.EDN DATED 30.10.2020. EXHIBIT P21 A TRUE COPY OF THE APPLICATION DATED 5.10.2020 SUBMITTED UNDER RIGHT TO INFORMATION ACT. EXHIBIT P21 (a) A TRUE COPY OF THE ANSWER TO EXT P21 OBTAINED ON 14.10.2020 UNDER RIGHT TO INFORMATION ACT. RESPONDENT (S) ANNEXURES : ANNEXURE R2(a) A TRUE COPY OF THE LETTER FROM THE KERALA PUBLIC SERVICE COMMISSION.