Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 WP(C) NO. 968 OF 2021 PETITIONER/S: DR. S.JOY AGED 58 YEARS S/O.V.SURENDRAN, RESIDING AT 'KASTHOORI', SREENIVASAPURAM P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT 695 145 LIJU.V.STEPHEN SMT.INDU SUSAN JACOB SRI.T.V.SREEJITH RESPONDENT/S: 1 STATE OF KERALA REP.BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 2 THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033 3 THE SECRETARY TRAVANCORE DEVASWOM BOARD, BOARD OFFICE, NANTHANCODE, THIRUVANANTHAPURAM 695 003 4 MAHATMA GANDHI UNIVERISTY REP.BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O., KOTTAYAM 686 562
SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD SRI.ASOK M.CHERIAN OTHER PRESENT: GP SRI JIMMY GEORGE, SRI SURIN GEORGE IYPE SC MG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, ALONG WITH WP(C).1021/2021, 1575/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 WP(C) NO. 1021 OF 2021 PETITIONER/S: 1 DR.MADHUSUDANAN PILLAI K.R. AGED 58 YEARS S/O. RAGHAVAN PILLAI K. K., RESIDING AT FLAT NO.253, P. T. CHACKO NAGAR, ULLOOR, MEDICAL COLLEGE P. O., THIRUVANANTHAPURAM DISTRICT - 695 011. 2 DR. K. MANIKANTAN NAIR AGED 59 YEARS S/O. K. KUTTAPPAN NAIR, RESIDING AT 'RAMAPURAM', IRINCHAYAM P. O., NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. 3 DR. V. RAJAMANI AMMA AGED 59 YEARS D/O. T. P. KRISHNA PILLAI, RESIDING AT HOUSE NO.VII/206, 'AMBADI', AMRA - 12, AMBADIMOOLA, KAKKANAD P. O., ERNAKULAM DISTRICT - 682 030. 4 DR. AJITH PRASAD K. C. AGED 59 YEARS S/O. CHELLAPPAN PILLAI, RESIDING AT KARAMEL, AVANEESWARAM RAILWAY STATION P. O., KOLLAM DISTRICT - 691 508. LIJU.V.STEPHEN SMT.INDU SUSAN JACOB SRI.T.V.SREEJITH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, KERALA - 695 033. 3 KERALA UNIVERSITY REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM - 695 034. 4 CALICUT UNIVERSITY REPRESENTED BY ITS REGISTRAR, THENHIPALAM, KOZHIKODE - 673 635. 5 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA P. O., KOTTAYAM - 686 562. 6 THE MANAGER N.S.S.COLLEGES' CENTRAL COMMITTEE, NSS HEAD QUARTERS, PERUNNA, CHANGANASSERY - 2, ALAPPUZHA DISTRICT.
SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.P.C.SASIDHARAN SRI.ASOK M.CHERIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, ALONG WITH WP(C).968/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 WP(C) NO. 1575 OF 2021 PETITIONER/S: DR.K.MOHAN KUMAR AGED 58 YEARS S/O.R.KRISHNA PILLAI, RESIDING AT KAVINAL (KRISHNA BHAVAN), VATHIKULAM, THEKKEKARA P.O., MAVELIKARA, ALAPPUZHA DISTRICT. LIJU.V.STEPHEN SMT.INDU SUSAN JACOB SRI.T.V.SREEJITH SRI.A.PUSHPADAS RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, KERALA- 695 033. 3 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O., KOTTAYAM-686 562. 4 CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THENHIPALAM, MALAPPURAM-673 635. 5 THE MANAGER, N.S.S.COLLEGES' CENTRAL COMMITTEE, NSS HEAD QUARTERS, PERUNNA, CHANGANASSERY-686 102, ALAPPUZHA DISTRICT.
SHRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, ALONG WITH WP(C).968/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
[WP(C) Nos.968/2021, 1021/2021, 1575/2021] Counsel for the petitioners submits that the controversy in this case is covered by the judgment of this Court dated 1.12.2020 in W.P.(C) No.12289 of 2019, wherein instead of mentioning 13.11.2018 in paragraph 11, it has been wrongly mentioned as 13.11.2016. Be that as it may, the controversy in this case is covered by
judgment in W.P.(C) No.12289 of 2019 dated 1.12.2020, these writ
petitions are also disposed of in terms of the judgment. Sd/- sab AMIT RAWAL JUDGE APPENDIX OF WP(C) 1021/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF DEGREE OF DOCTOR OF PHILOSOPHY DATED 28.10.2014 CONFERRED TO THE 1ST PETITIONER BY THE MADURAI KAMARAJ UNIVERSITY.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 16.03.1998 PROMOTING THE 1ST PETITIONER AS SENIOR GRADE LECTURER ISSUED BY THE 6TH RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 03.09.2003 PROMOTING THE 1ST PETITIONER AS SELECTION GRADE LECTURER ISSUED BY THE 6TH RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 24.05.2016 PROMOTING THE 1ST PETITIONER AS PRINCIPAL ISSUED BY THE 6TH RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE DATED 22.04.1986 ISSUED TO THE 2ND PETITIONER BY THE 3RD RESPONDENT, KERALA UNIVERSITY. EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE OF THE
MASTER OF PHILOSOPHY DATED 29.01.1997 ISSUED TO THE 2ND PETITIONER BY THE 3RD RESPONDENT, KERALA UNIVERSITY. EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE OF DEGREE OF DOCTOR OF PHILOSOPHY DATED 16.08.2003 CONFERRED TO THE 2ND PETITIONER BY THE 3RD RESPONDENT, KERALA UNIVERSITY.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 24.05.2016 PROMOTING THE 2ND PETITIONER AS PRINCIPAL ISSUED BY THE 6TH RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 02.06.2016 ISSUED BY THE 6TH RESPONDENT PROMOTING THE 2ND PETITIONER AS DRAWING AND DISBURSING OFFICER. EXHIBIT P10 A TRUE COPY OF THE CERTIFICATE DATED 16.05.2019 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P11 A TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE DATED 23.05.1985 ISSUED TO THE 3RD PETITIONER BY THE 3RD RESPONDENT, KERALA UNIVERSITY. EXHIBIT P12 A TRUE COPY OF THE CERTIFICATE OF MASTER
OF PHILOSOPHY DATED 31.07.1989 ISSUED TO THE 3RD PETITIONER BY THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY. EXHIBIT P13 A TRUE COPY OF THE CERTIFICATE OF DEGREE OF DOCTOR OF PHILOSOPHY CONFERRED TO THE 3RD PETITIONER BY THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY DATED 13.03.1996. EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 24.05.2016 PROMOTING THE 3RD PETITIONER AS PRINCIPAL ISSUED BY THE 6TH RESPONDENT. EXHIBIT P15 A TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE DATED 14.08.1986 ISSUED TO THE 4TH PETITIONER BY THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY. EXHIBIT P16 A TRUE COPY OF THE CERTIFICATE OF DEGREE OF DOCTOR OF PHILOSOPHY DATED 03.02.2000 CONFERRED TO THE 4TH PETITIONER BY THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY.
EXHIBIT P17 A TRUE COPY OF THE APPOINTMENT ORDER DATED 12.01.1990 ISSUED BY THE 6TH RESPONDENT TO THE 4TH PETITIONER. EXHIBIT P18 A TRUE COPY OF THE ORDER DATED 02.06.2016 PROMOTING THE 4TH PETITIONER AS DRAWING AND DISBURSING OFFICE ISSUED BY THE 6TH RESPONDENT. EXHIBIT P19 A TRUE COPY OF THE ORDER DATED 15.12.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P20 A TRUE COPY OF THE ORDER DATED 13.11.2018 ISSUED BY THE 3RD RESPONDENT KERALA UNIVERSITY. EXHIBIT P21 A TRUE COPY OF THE SENIORITY LIST OF ASSOCIATE PROFESSORS WHO EXPRESSED THEIR WILLINGNESS TO BE PROMOTED AS PRINCIPALS DATED NIL. EXHIBIT P22 A TRUE COPY OF THE PROCEEDINGS DATED 20.05.2016 ISSUED BY THE 6TH RESPONDENT WITH REGARD TO THE PROMOTION OF THE PRINCIPALS. APPENDIX OF WP(C) 1575/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE DATED 23.08.1985 ISSUED BY THE UNIVERSITY OF KERALA TO THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF DEGREE
OF MASTER OF PHILOSOPHY IN SOCIAL SCIENCE ISSUED BY THE UNIVERSITY OF KERALA TO THE PETITIONER DATED 28.05.1988. EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE OF DEGREE OF DOCTOR OF PHILOSOPHY CONFERRED TO THE PETIIONER ON 19.01.2005 BY THE MAHATMA GANDHI UNIVERSITY. EXHIBIT P4 A TRUE COPY OF THE SENIORITY LIST OF ASSOCIATE PROFESSORS WHO EXPRESSED THEIR WILLINGNESS TO BE PROMOTED AS PRINCIPALS IN THE 5TH RESPONDENT DATED NIL. EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 26.02.2016 PROMOTING THE PETITIONER AS PRINCIPAL ISSUED BY THE 5TH RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 19.12.2015 ISSUED BY THE 4TH RESPONDENT FOR GRANTING APPROVAL TO DR.SUDHAKARAN.V.K. AS PRINCIPAL IN NSS COLLEGE, NEMMARA. EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 29.12.2015 ISSUED BY THE 4TH RESPONDENT FOR GRANTING APPROVAL TO DR.PRATHEEP D. AS PRINCIPAL IN NSS COLLEGE, MANJERI.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 15.12.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE NOTIFICATION NO.AC.L/1/2017 DATED 23.02.2017 ISSUED BY THE 3RD RESPONDENT UNIVERSITY. EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 13.11.2018 ISSUED BY THE KERALA UNIVERSITY. EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION MADE BY THE 5TH RESPONDENT DATED 08.07.2016 TO THE 4TH RESPONDENT. APPENDIX OF WP(C) 968/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE DATED 4.8.1988 ISSUED BY THE UNIVERSITY OF KERALA TO THE PETITIONER EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF DEGREE
OF MASTER OF PHILOSOPHY IN COMMERCE ISSUED BY THE MADURAI KAMARAJ UNIVERSITY TO THE PETITIONER IN FEB. 1999.
EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE OF DEGREE OF DOCTOR OF PHILOSOPHY DATED 21.3.2006 ISSUED BY THE UNIVERSITY OF KERALA TO THE PETITIONER EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 31.5.2016 ISSUED BY THE 3RD RESPONDENT PROMOTING THE PETITIONER AS PRINCIPAL EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 18.10.2016 ISSUED BY THE 3RD RESPONDENT APPOINTED THE PETITIONER AS PRINCIPAL EXHIBIT P6 A TRUE COPY OF THE NOTIFICATION NO.AC.L/1/2017 DATED 23.2.2017 ISSUED BY THE 4TH RESPONDENT UNIVERSITY EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 15.12.2016 ISSUED BY THE 1ST RESPONDENT EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 13.11.2018 ISSUED BY THE UNIVERSITY OF KERALA