Rajitha V K Vs State of Kerala - Citation 1445217 - Court Judgment

Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice devan ramachandran wednesday, the 13th day of july 2022 / 22nd ashadha, 1944 wp(c) no. 13343 of 2021 petitioners: 1 rejitha v.k. w/o.hareesh kumar t.n., thattel house, manarcad p.o., kottayam district 686 019 2 jesna basheer w/o.rinoz e., baithulrahma, veloor p.o., kottayam district 686 003 3 sruthi v.r. w/o.vishnu k.v., valiaveedu house, chengalam south p.o., kottayam district 686 0224 shajeela rani a. w/o.suneer khan s., sujeer manzil, kuzhimathicadu p.o., kundara, kollam district 691 509 5 santhi krishna w/o.rakesh krishnan, sankaramangalam, nedumkunnam, kottayam district 686 542 6 priyanka nair n.a. d/o.late p.k. achuthan nair, neduvelil house, naranganam p.o., kozhencherry, pathanamthitta district 689 642 7 vandana s. d/o.sunil b., padinjaremadathil house, thekkethukavala p.o., kottayam district 686 519 8 bindu p. w/o.binu g., amaravathi, nandaivanam, nedumparambu p.o., nagaroor, thiruvananthapuram district 695 102 9 dr. simi s. kurup w/o.sudeesh kumar s., tathwamasi, pulinthanam, kunnamthanam p.o., pathanamthitta district 689 581 10 dr. jayanthi l.s. w/o.mahesh s., t.c.25/2706/2, pra l 21, lukes lane, puthenchanthai, thiruvananthapuram district 695 by advs. sunil v.mohammed manoj n. respondents: 1 state of kerala rep. by its secretary to higher education department, secretariat, thiruvananthapuram 695 2 the sreekumara gurudeva education and charitable trust (sect) sreekumara nagar, eraviperoor, pathanamthitta district 689 542, rep. by its secretary 3 the principal prds college of arts and science, amarapuram, amara p.o., changanassery, kottayam district 686 546 4 y. sadasivan president, prathyaksha raksha daiva sabha (prds), chairman, sree gurudeva education and charitable trust (sect), sreekumara nagar, eraviperoor, pathanamthitta district 689 542 5 dr. p.n. vijayakumar indeevaram, mr. vasu road, cra 1, ayyanthole p.o., thrissur district 680 003 6 the director of collegiate education vikas bhavan, palayam, thiruvananthapuram district 7 addl.r7. prakthyaksha raksha daiva sabha represented by the general secretary, sreekumara nagar, erviperoor, thiruvalla, pathanamthitta district - 689542. 8 addl.r8. the prds arts and science college represented by the general secretary in charge of the college, sreekumar nagar, eraviperoor, thiruvalla, pathanamthitta district - 686546. 9 addl.r9. c.sathyakumar the present manager of the prds arts and science college, amara, changanacherry, kottayam district- 686546.10 addl. r10. athiramol k.r kollamparambil, nedumanny p.o., nedumkunnam, kottayam district-686542. 11 addl. r11.rajeev mohan, kunnil house, amara p.o., venkotta, changanassery, kottayam district- 686 546. 12 addl. r12. nikhila manohar poomangalathu veedu, a.k. sivanandan road, venpalavattom, anayara p.o., thiruvananthapuram-695 029. 13 addl. r13. priyanka surendran sujay bhan, haritha nagar, ookkode p.o., thiruvananthapuram- 695 020. 14 addl. r14. amalya appoos ezholickal house, madappally p.o., changanassery, kottayam district- 686 546. 15 addl. r15. arjun r reshni, eraviperoor p.c., pathanamthitta district- 689 542. 16 addl. r16. anil m.r mulamkoottathi house, kurichimuttom p.o., pathanamthitta district-689 532. 17 addl. r17. deepa k. gopalan pallathu parambil house, r.s.a.c. road, vyttila p.o., cochin- 682 019. 18 addl. r18. veenamol raj thannickal house, pinnakkanadu, kalaketty p.o., kottayam district-686 508. 19 addl. r19. smitha mol n.k., valayil house, paravakad p.o., cherthala, alappuzha district-688 540. 20 addl. r20. akhila m. panicker madhavam house, thottamon, ranny p.o., pathanamthitta district-689 672. 21 addl. r21. praveena t. ram apsara house no. 10, olavakkode, palakkad district- 678 002. 22 addl. 22. dhanesh sekhar vattappurayidathil house, vellappally p.o., arunapuram (via), kottayam district-686 574(additional respondents r10 to r22 are impleaded as per the order dated 13.07.2022 in i.a. 2/2021 in wpc.) by advs. r.anas muhammed shamnad p.k.santhamma shameena salahudheen jeeva kumari p.s avinash k.krishnan smt resmi thomas -gp; sri surin george ipe-sc; this writ petition (civil) having come up for admission on 13.07.2022, along with wp(c).2392/2022, 14971/2022, the court on the same day delivered the following:in the high court of kerala at ernakulampresent the honourable mr. justice devan ramachandran wednesday, the 13th day of july 2022 / 22nd ashadha, 1944 wp(c) no. 2392 of 2022 petitioners: 1 rajitha.v.k aged 39 years w/o.hareeshkumar t.n., thattel (h), manarcad p.o., kottayam district - 686 019. 2 jasna basheer aged 34 years w/o.rinoz e., baithul rahma, veloor p.o., kottayam district - 686 003. 3 sruthi v.r. aged 29 years w/o.vishnu k.v., valiya veed house, chengalam south p.o., kottayam district - 686 022. 4 shajeela rani a. aged 34 years w/o.suneer khan s., sujeer manzil, kuzhimathicadu p.o., kundara p.o., kollam district - 691 509. 5 santhi krishna aged 33 years w/o.rakesh krishnan, sankaramangalam, nedumkunnam, kottayam district - 686 542. 6 bindhu p. aged 39 years w/o.binu g., amaravathi, nandaivanam, nagaroor, nedumparambu p.o., thruvananthapuram - 695 102. 7 dr.simi s.kurup aged 42 years w/o.sudeesh kumar, tathwamasi, kunnamthanam p.o., thiruvalla - 689 581. 8 dr.jayanthi l.s. aged 35 years w/o.mahesh s., tc 25/2706/2, pra l21, lukes lane, pulimood, thiruvananthapuram - 695 001. by advs. nisha george a.l.navaneeth krishnan chithra p.george reginald valsalan george poonthottam (sr.) respondents: 1 state of kerala represented by secretary, department of higher education, secretariat, thiruvananthapuram - 691 001. 2 the director of collegiate education vikas bhavan, palayalam, thiruvananthapuram - 695 033. 3 the deputy director of collegiate education kottayam - 686 001. 4 the sreekumara gurudeva educational charitable trust (sect) sreekumara nagar, eraviperoor, pathanamthitta district - 689 542, represented by its secretary. 5 the prds college of arts and science amarapuram, amara p.o., changanassery, kottayam district - 686 546 represented by its manager. 6 the mahatma gandhi university priyadarshiny hills, represented by registrar, athirampuzha, kottayam district - 686 560. 7 dr.r.pragash deputy director of collegiate education, vayaskarakunnu, palace road, kottayam - 686 001. 8 dr.p.n.vijayakumar indeevaram, m.r.vasu road, cra 1, ayyanthole p.o., thrissur district - 680 03. 9 y.sadasivan manager, prds college of arts and science, residing at baby sadanam, kallode p.o., neyyattinkara,thiruvananthapuram - 685 571. by advs. avinash k.krishnan p.n.vijayakumar(k/000049/1973) girija k gopal p.k.santhamma this writ petition (civil) having come up for admission on 13.07.2022, along with wp(c).13343/2021 and connected cases, the court on the same day delivered the following:in the high court of kerala at ernakulampresent the honourable mr. justice devan ramachandran wednesday, the 13th day of july 2022 / 22nd ashadha, 1944 wp(c) no. 14971 of 2022 petitioners: 1 jasna basheer aged 34 years w/o. rinoz e, baithul rahma, veloor p.o, kottayam district-686 003. pin - 686003 2 sruthi v.r. aged 29 years aged 29 years, w/o. vishnu k.v, valiya veed house, chengalam south p.o, kottayam district-686 022. 3 shajeela rani a, aged 34 years aged 34 years, w/o. suneer khan s, sujeer manzhil, kuzhimathicadu p.o, kundara p.o, kollam district- 691 509. 4 santhi krishna, aged 33 years aged 33 years, w/o. rakesh krishnan, sankaramangalam, nedumkunnam, kottayam district- 686 542. 5 dr. simi s. kurup, aged 42 years, w/o. sudeesh kumar, tathwamasi, kunnamthanam p.o, thiruvalla-689 581. 6 dr. jayanthi l.s. aged 35 years , aged 35 years, w/o. mahesh s, tc 25/2706/2, pra l21 lukes lane, pulimood, thiruvananthapuram-695 001. 7 priyanka nair n.a., aged 42 years d/o. late p.k. achuthan nair, aged 42 years, neduvelil house, naranganam p.o., kozhenchery, pathanamthitta district - 689 642. 8 vandana sunil, aged 34 years d/o. b. sunil, aged 34 years, padinjaremadathil, thekkethkavala p.o., kottayam - 686519. by advs. george poonthottam (sr.) nisha george j.vishnu a.l.navaneeth krishnan chithra p.george reginald valsalan respondents: 1 state of kerala represented by secretary, department of higher education, secretariat, thiruvananthapuram-691 001., pin - 691001 2 the director of collegiate education, vikas bhavan, palayalam, thiruvananthapuram-695 033. 3 the deputy director of collegiate education, kottayam, vayaskarakunnu, palace road, kottayam - 686 001. 4 the sreekumara gurudeva educational charitable trust (sect) sreekumara nagar, eraviperoor, pathanamthitta district-689 542, represented by its secretary. 5 the prds college of arts and science, amarapuram, amara p.o, changanassery, kottayam district-686 546. represented by its manager 6 the mahatma gandhi university, priyadarshiny hills, represented by registrar, athirampuzha, kottayam district-686 560. 7 sri c. sathyakumar poyka, mekkevattavila, arayur p.o.,thiruvananthapuram - 695 122 8 dr. p.n. vijayakumar, indeevaram, m.r. vasu road, cra 1, ayyanthole p.o, thrissur district-680 003. 9 y. sadasivan, manager, prds college of arts and science, residing at baby sadanam, kallode p.o, neyyattinkara, thiruvananthapuram-685 571. 10 addl.r. dr.dhanesh sekhar chandrasekharan nair, guest lecturer in economics, s/o. residing at vattapurayidathil house, velliappally p.o, arunapuram via, kottayam district pin: 686574 11 addl.r11. praveena.t.ram aged 32 years d/o t. k. ramachandran, guest lecturer in economics, residing at apsara, aiswarya colony, olavakkode, palakkad, pin- 678002 12 addl.r12. dr.manju.p.t. aged 41 years w/o subhash r. guest lecturer in hindi. residing at chennachery puthen veedu, vkra 214, masjid at lane, vazhottukonam, p.o vattiyoorkavu, trivandrum pin: 695013 13 addl.r13. dr.rajeev mohan aged 33 years s/o k.m mohanarajan, guest lecturer in malayalam, residing at kunnil house, amara p.o, venkotta, kottayam district, pin 686546 14 addl.r14. dr.deepa.k.gopalan aged 36 years d / o k.k. gopalan, guest lecturer in commerce, residing at pallathu parambil house, pallathu lane, r.s.a.c. road, vyttila, ernakulam district, pin- 68201915 addl.r15. akhila.m.panicker aged 29 years d/o mohana chandra panicker, guest lecturer in commerce, residing at madhavam house, thottamon, ranni p.o, pathanamthitta district. pin- 689672 16 addl.r16. veenamol rajaged 25 years d/ot. m. rajan, guest lecturer commerce, residing at thanickal house, pinnakkandu, kulaketty p.o, kottayam 686508 17 addl.r17. athiramol.k.r. aged 26 years d/o. raveendra kurnar m.t, guest lecturer in mathematics, residing at kollainparampil, nedumanny p.o. nedumkunnam, kottayam district, pin-686542 18 addl.r18. sajinamol.a.k. aged 30 years d /o. kumaran a.c. guest lecturer in mathematics, residing at aiyepurayidathil house, puthenchantha p.o. vakathanam, kottayam pin- 686538 19 addl.r19. neethu santharam aged 26 years d/o santharam p.k., guest lecturer in physics, residing at parayanmoolayil house, devalokam p.o. kottayam-686004 20 addl.r20. amulya appoos aged 26 years do. dr. a. k appukkuttan, guest lecturer in english, residing at ezholickal, p.o, madappally, changanacherry, kottayam- 686546 21 addl.r21. arjun.r. aged 27 years s/o raveendran a.g., guest lecturer in english, residing at reshmi house, eraviperoor p.o, pathanamthitta, pin- 689542 22 addl.r22. priyanka surendran aged 31 years, d/o surendran p. r., guest lecturer in english, residing at sujay bhavan, haritha nagar, ookkode p.0. trivandrum- 695020 23 addl.r23. anil.m.r. aged 43 years s/o. raghavan m.a. guest lecturer in english residing at mulakoottathil house, kurichimutto: pathanamthitta-689532 24 addl.r24. ajith.k.k. aged 27 years s/o krishnankutty k, guest lecturer in statistics, residing at kunnathuchalil house, perikkalloor p.o. pulpally, wayanad - 673579(addl. r10 to addl.r24 are impleated as per orderdated 13.7.2022 in i.a. 1/2022.) by advs. alex.m.scaria girija k gopal surin george ipe p.k.santhamma n.anand shameena salahudheen avinash k.krishnan rajesh o.n. saritha thomas alen j. cheruvil johnson joseph this writ petition (civil) having come up for admission on 13.07.2022, along with wp(c).13343/2021 and connected cases, the court on the same day delivered the following:judgmentthe issues in these cases are certain appointments made to the prds college of arts and science (college for short). there is an ongoing controversy relating to the management of the college between two entities, by name, sree kumaragurudevan educational charitable trust (hereinafter "trust" for short) and "pratyaksha raksha daiva sabha" (to be referred to as "sabha" for short), both of which assert to be the ones in its governance and control, which has led to civil cases between them, pending in competent civil courts.2. while so, one among the members of the trust, whoclaimed himself to be the “manager” of the college, made certain appointments to the post of assistant professors, on guest lecturer basis and for a particular term. when such term of those persons expired, an attempt was made to substitute them with a different set of guest lecturers, which impelled them to approach this court through w.p. (c).no.13343 of 2021. however, since no interim orders were issued by this court in this said writ petition, the next set of guest lecturers are stated to have been appointed and that their term has also now expired.3. the petitioners, thereupon, approached this courtthrough w.p.(c).no.2392 of 2022 and w.p.(c).no 14971 of 2022, claiming that they were appointed by the college following due procedure and in compliance of the mandate of the relevant regulations of the university grants commission(ugc) and therefore, that they are entitled to be regularized in the vacancies which have now been created by the government, through their order bearing number g.o.ms.471/2020/hedn dated 30.12.2020.4. i have heard sri.geroge poonthottam, learned seniorcounsel instructed by sri.navaneeth krishnan - learned counsel appearing for the petitioners in w.p(c)no.2392 of 2022 and 14971 of 2022; sri.sunil v. mohammed - learned counsel appearing for the petitioners in w.p(c)no.13343 of 2021; sri.surin george ipe - learned standing counsel for the m.g.university; smt.girija gopal - learned counsel for the ‘trust”; smt.p.k.santhamma - learned counsel for the “sabha”; sri.n.anand and smt.saritha thomas learned counsel appearing for some of the party respondents and smt.resmi thomas - learned government pleader appearing for the official respondents.5. the facts involved in these cases are not greatly indispute because the factum of the first set of teachers having been appointed - who are petitioners in w.p(c)no.13343 of 2021 - and their term having expired is without contest. it is asserted by the respondents that they were all thus terminated; and no interim orders were able to be obtained by them in this writ petition. therefore, for all practical purposes, the said writ petition has now become infructuous.6. thereupon, the very same petitioners filedw.p(c)no.2392 of 2022 and w.p(c)no.14971 of 2022 virtually seeking the benefit of regularization in the posts that have now been created by the government, through their afore mentioned order dated 30.12.2020.7. the m.g.university, on the other hand, submits that allappointments, if any, made by the college or by the ‘trust’/’sabha’ which claims to control it could have been only on temporary basis and on the strength of certain instructions given by the university for appointment of the guest lecturers in exceptional circumstances. he submitted that since none of these appointments were made subsequent to a selection conducted by a validly constituted selection committee, under the ambit of the ugc regulations on minimum qualifications for appointment of teachers and other academic staff in universities and colleges and measures for the maintenance of standards in higher education, 2018’ (hereinafter referred to as the ‘ugc regulations, 2018’ for short), none of them can impel any right to continue, much less to be regularized in service. in fact, sri.surin george ipe, their learned standing counsel, vehemently submitted that if any such proposal is made to his client by either the college or by the ‘trust’/’sabha’ as the case may be, it will not be approved, because the process of selection which the petitioners allegedly went through, if any, is not as per the 'ugc regulations 2018'.8. smt.resmi thomas - learned government pleader,adopted the afore submissions of sri.surin george ipe, arguing that no appointment could have been made before the afore mentioned government order dated 30.12.2020 created the posts; and therefore, that all these writ petitions are liable to be dismissed. she added that, in any event of the matter, any right to claim regularization can emanate - even if it is so assumed without conceding - only had the petitioners gone through a semblance of a selection proceedings which is as per the 'ugc regulations 2018'.9. in reply, sri.george poonthottam - learned seniorcounsel, submitted that the petitioners in these cases were appointed through a process sanctioned in law; and that too, before the coming into force of the 'ugc regulations 2018'. he added that since all of his clients were appointed and are continuing in service even today, it would be great injustice to them - both statutorily and on the principles of equity - to terminate them, so as to give way for adhoc appointments again, especially at the whim of the members of the ‘trust’ and ‘sabha’. he reiteratingly insisted that his clients are still in service and have not been terminated at any point of time until now.10. in response to the afore assertions of the learnedsenior counsel, smt.p.k.santhamma - learned counsel for the ‘sabha’ and smt.girija gopal - learned counsel for the ‘trust’ submitted in unison that the documents on record would clearly establish that the petitioners have already been terminated; and that they have offered written undertaking that they will not stake any further claim to the posts or to the services in the college.11. i have recorded the afore submissions for the sake of continuity and nothing more because, they are no longer relevant as far as the functioning of the college is concerned.12. i say as afore because, what is important is thatproper appointments are made for the benefit of the college and the student community at large; but what this court now finds, though the pleadings in these matters, are certain appointments made by persons by persons who claim to be in management of the college, following a procedure which they themselves devised and which singularly suited their interests. this is pertinent because the m.g.university will approve any appointment only if it is done as per the provisions of the 'ugc regulations 2018'; and in the absence of any such process having been completed at any point of time by the college, i cannot find favour with the submissions of the petitioners that they should be regularized in the posts which have now been created by the government though their order dated 30.12.2020.13. when such posts are created, they can be filled up andaccommodated with only those candidates who have been selected as per the manner mandated by the “ugc regulations 2018”, namely under the aegis of a selection committee which consists of, inter alia, the principal of the college, a professor of the college, two nominees of the vice chancellor and two subject experts. it is conceded before me by every counsel appearing for the parties herein that none of the petitioners were selected by such a committee so constituted. therefore, the further contention of sri.george poonthottam - learned senior counsel, that some of his clients were appointed even before the coming into force of the 'ugc regulations 2018' would have no relevance at all because the prior ugc regulations, namely that of the year 2010, held the field then.14. in summation, what is now relevant and what isnecessary is the paving way for proper appointments to be made to the college without any further delay. however, since the members of the ‘trust’ and the ‘sabha’ are engaged in litigation with conflicting and competing claims of management of the college; and since there is no conclusivity yet as to who among them are the members of its governing body or its chairperson, i am certain that the committee to be constituted as per the 'ugc regulations 2018' must be left to be decided by the m.g. university, at least for this time, or until the disputes between the members of the governing body are properly resolved finally.15. going by 'ugc regulations 2018'; the selectioncommittee will have to be headed by the chairperson of the governing body, with certain members to be nominated by the said body. for the reasons that i have already said above this may not be feasible and therefore, i deem it appropriate to allow the university to nominate all such members as a one time measure, for the purpose of appointments for this time, so that they can be completed without delay and in implicit compliance of all the imperative requirements under the said regulations. resultantly, i dispose of these writ petitions with the following directions:(a) the reliefs sought for by the petitioners in these three cases are repelled and therefore, dismissed to such extent.(b) if the petitioners, or any among them, are still serviceor continuing, then they will be allowed to do so until appointments are made finally in terms of the directions below; however, clarifying that if there is any dispute as to whether they are continuing or otherwise, it would be construed that they have been terminated based on the undertakings which the college says they have already made.(c) the university will immediately take steps toconstitute a selection committee in terms of the 'ugc regulations 2018'; with the modification that the chairperson, his nominees and the nominees of the governing body of the college shall be appointed and made by the m.g. university, to be nominated from outside or from their own services, who occupy responsible positions in the field of education. this will also apply in the case of other nominated members, both from the side of the vice chancellor, as also the subject experts; but the committee shall include the principal of the college and a professor, if any one is so available.(d) the principal of the college is hereby directed toafford complete support to the university in issuing notifications and completing the afore ordered processes in terms of direction (c) above and he shall be personally responsible to ensure that this is done notwithstanding any opposition from any person, including from the ‘trust’, ‘sabha’ or anyone else.(e) since some of the facts involved in this case are stillamorphous, including as to the availability of a principal or professor in the college, i leave liberty to the parties, including the university, to approach this court for any clarification, if it becomes so necessary; and the registry will list such applications on priority before this bench.(f) needless to say, the petitioners in these cases will beat liberty to apply for the posts, subject to all qualifications and conditions being satisfied by them. sd/- devan ramachandran judge mc/13.7 appendix of wp(c) 13343/2021 petitioner exhibits exhibit p1 true copy of the byelaw of the 2nd respondent educational agency exhibit p2 true copy of the direct payment agreement dated 23.7.2015 between the 1st and 2nd respondents along with covering letter dated 19.8.2015 exhibit p3 true copy of the order of ad-interim injunction dated 1.12021 in ia no.1/2020 in os no.417/2020 of munsiff court, thiruvalla exhibit p4 true copy of the circular dated 29.3.2021 issued by the mg university, kottayam exhibit p5 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 1st petitioner exhibit p6 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 2nd petitioner exhibit p7 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 3rd petitioner exhibit p8 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 4th petitioner exhibit p9 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 5th petitioner exhibit p10 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 6th petitioner exhibit p11 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 7th petitioner exhibit p12 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 8th petitioner exhibit p13 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 9th petitioner exhibit p14 true copy of the communication dated 31.3.2021 issued by the manager of prds college to the 10th petitioner exhibit p15 true copy of the notification dated 27.5.2021 published by the 5th respondent in deshabhimani daily. exhibit p16 true copy of the application submitted by the 1st petitioner along with resume before the 5th respondent exhibit p17 true copy of the application submitted by the 2nd petitioner along with resume before the 5th respondent exhibit p18 true copy of the application submitted by the 3rd petitioner along with resume before the 5th respondent exhibit p19 true copy of the application submitted by the 4th petitioner along with resume before the 5th respondent exhibit p20 true copy of the application submitted by the 5th petitioner along with resume before the 5th respondent exhibit p21 true copy of the application submitted by the 6th petitioner along with resume before the 5th respondent exhibit p22 true copy of the application submitted by the 7th petitioner along with resume before the 5th respondent exhibit p23 true copy of the application submitted by the 8th petitioner along with resume before the 5th respondent exhibit p24 true copy of the application submitted by the 9th petitioner along with resume before the 5th respondent exhibit p25 true copy of the application submitted by the 10th petitioner along with resume before the 5th respondent exhibit p26 true copy of the notice dated 23.6.2021 issued by the 4th respondent/manager of the prds college respondents exhibits exhibit r7(a) true copy of the relevant pages of preface of prds constitution exhibit r7(b) true copy of the sanction order dated 11.4.2014 by r1. exhibit r7(c) the true copy of the order dated 26.11.2015 sanctioning financial aid. exhibit r7(d) the copy of the judgment in w.p(c)no.1009/2021 dated 10.3.2021. exhibit r7(e) the true copy of the order dated 24.6.2021 by r1. exhibit r9(a) the copy of the order dated 11.4.2014, with english translation exhibit r9(b) the copy of the relevant pages of preface of constitution of r7 with english translation. exhibit r9(c) the copy of the order 26.11.2015, sanctioning grant to r7 by r1. exhibit r9(d) the copy of the judgment dated 10.3.2021 in w.p(c)no.1009 of 2021 by hon’ble high court of kerala. exhibit r9(e) the copy of the order dated 24.6.2021 by r1 to general secretary prds and othr with english translation. exhibit r9(f) the copy of the order dated 18.6.2021 by r1 to director of r1 with english translation. appendix of wp(c) 2392/2022 petitioner exhibits exhibit p1 true copy of the bye-law of the 4th respondent trust. exhibit p2 true copy of the relevant portion of the constitution of the prakthyaksha raksha daiva sabha (prds). exhibit p3 true copy of the direct payment agreement dated 23/7/2015 along with covering letter dated 19/08/2015 issued by the government. exhibit p4 true copy of the letter no.prds/college- corresp/16 dated 19/12/2016 issued by the 5th respondent to the 1st respondent. exhibit p5 true copy of the letter no.d1/126/17/h.ed. dated 14/06/2017 issued by the 1st respondent to the 2nd respondent. exhibit p6 true copy of the consolidated statement of workload submitted on 03/03/2017.exhibit p7 true copy of the orderno.acbi/2/8005/2014 dated 29/07/2017 issued by the respondent university. exhibit p8 true copy of the newspaper notification published in malayala manorama daily dated 21/11/2017. exhibit p9 true copy of the interim order dated passed by this hon'ble court. exhibit p10 true copy of the consolidated statement of workload and fixation of staff strength proposed by the adalath on the basis of workload adalath 2018 dated nil.exhibit p11 true copy of the communication no.d4/11354/2019/dce dated 23/05/2019 issued by the 2nd respondent to the 5th respondent. exhibit p12 true copy of the judgment dated hon'ble court. exhibit p13 true copy of the appointment order dated exhibit p14 true copy of the appointment order dated exhibit p15 true copy of the appointment order dated exhibit p16 true copy of the appointment order dated exhibit p17 true copy of the appointment order dated exhibit p18 true copy of the appointment order dated exhibit p19 true copy of the appointment order dated exhibit p20 true copy of the appointment order dated exhibit p21 true copy of the common order dated o.s.no.417/2020 by the hon'ble munsiff court, thiruvalla. exhibit p22 true copy of the newspaper notification published in deshabhimani daily on exhibit p23 true copy of the notice dated 23/06/2021 issued by the 5th respondent along with its typed copy. exhibit p24 true copy of the communication dated exhibit p25 true copy of the letter dated 17.05.2021 issued by the prds, pathanamthitta to the principal of the 5th respondent. exhibit p26 true copy of the order dated 26.07.2021 in ia no.4/2021 in os,no.157/2021 before the munsiff court, thiruvalla. exhibit p27 true copy of the communication dated 7.7.2021 issued by the 5th respondent to the 5th petitioner. exhibit p28 true copy of the email communication dated 10.08.2021 sent by the 1st petitioner to 5th respondent college. exhibit p28 a true copy of the email communication dated 13.08.2021 sent by the 1st petitioner to 5th respondent college. exhibit p29 true copy of the relevant portion of the government order dated 30.12.2020. respondents exhibits exhibit r8(a) the true copy of the circular no 2/2021 of prds dated 19.4.2021exhibit r8(b) the true copy of the governmental ordergoms 160/14-higher education dated 11.4.2014exhibit r8(c) the true copy of the governmental ordervide goms 663/2015 dated 26.11.2015 to prds exhibit r8(d) the true copy of the relevant page of the minute of the 4th high council meeting of prds held on 12.6.2021exhibit r8(e) the true copy of the government ordergoms 840/2021 of higher education department dated 24.6.2021 exhibit r8(f) the true copy of the information dated 12.4.2021 issued by the 7th petitioner exhibit r8(g) the true copy of the rti information dated 7.9.2020 by 7th petitioner exhibit r8(h1) true copy of the agreement executed by the 1st petitioner rajitha v.k. on exhibit r8(h2) true copy of the agreement executed by the 2nd petitioner jasna basheer on exhibit r8(h3) true copy of the agreement executed by the 3rd petitioner sruthi v.r on exhibit r8(h4) true copy of the agreement executed by the 4th petitioner shajeela rani on exhibit r8(h5) true copy of the agreement executed by the 5th petitioner santhi krishna on exhibit r8(h6) true copy of the agreement executed by the 6th petitioner bindu p. on 10/06/2020 exhibit r8(h8) true copy of the agreement executed by the 8th petitioner dr.jayanthi on exhibit r8 i1 true copy of the appointment orders issued by the 9th respondent in respect of 1st petitioner. exhibit r8 i2 true copy of the appointment orders issued by the 9th respondent in respect of 2ndpetitioner. exhibit r8 i3 true copy of the appointment orders issued by the 9th respondent in respect of 3rd petitioner. exhibit r8 i4 true copy of the appointment orders issued by the 9th respondent in respect of 4th petitioner exhibit r8 i5 true copy of the appointment orders issued by the 9th respondent in respect of 5th petitioner. exhibit r8 i6 true copy of the appointment orders issued by the 9th respondent in respect of 6th petitioner. exhibit r8 i7 true copy of the appointment orders issued by the 9th respondent in respect of 7th petitioner. exhibit r8 i8 true copy of the appointment orders issued by the 9th respondent in respect of 8th petitioner. exhibit r8 j1 true copies of the applications for the post of guest lecturers submitted by 1st petitioner. exhibit r8 j2 true copies of the applications for the post of guest lecturers submitted by 2nd petitioner. exhibit r8 j3 true copies of the applications for the post of guest lecturers submitted by 3rd petitioner. exhibit r8 j4 true copies of the applications for the post of guest lecturers submitted by 4th petitioner. exhibit r8 j5 true copies of the applications for the post of guest lecturers submitted by 5th petitioner. exhibit r8 j6 true copies of the applications for the post of guest lecturers submitted by 6th petitioner. exhibit r8 j7 true copies of the applications for the post of guest lecturers submitted by 5th petitioner. exhibit r8j8 true copies of the applications for the post of guest lecturers submitted by 8th petitioner. exhibit r8 k the true copies of the cd containing the video and audio of the petitioners. exhibit r8 i the true copy of the letter issued by addl. chief secretary f2/1994/2021/higher education dated 18/6/2021 to sabha exhibit r8 m the true copy of the letter received from the principal addressed to the controller of examination dated 03/11/2021 exhibit r8 n the true copy of the complaint by r8 dated 13/01/2022 sent to the deputy director of collegiate education (r2) exhibit r8 o the true copy official circular dated no.2/2021 exhibit r8 p the true copy of the interim order dated of munsiffs court, thiruvalla. exhibit r8 q the true copy of the budget for the year 2021-2022 of the sabha exhibit r8 r the true copy of the fir in crime no.101/2022 of thrikkodithanam police station exhibit r8 s the true copy of the anticipatory bailorder dated 19/2/2022 granted byprincipal district and sessions court, kottayam in crl.mc. 255/2022 exhibit r3(a) true copy of the consent in bond paper series: exhibit r5(a) true copy of the government order bearing g.o.(ms)no.160/14/h.edn dated 11-04-2014. exhibit r5(b) true copy of the circular no.3/2014 dated 27-06-2014 issued by the prathyaksha raksha daiva sabha. exhibit r5(c) true copy of the order bearing u.o.no.4292/a1/2016/acad dated 03-08-2016 issued by the mahatma gandhi university. exhibit r5(d) true copy of the order bearing no. 503/a1/2017/academic dated 28-01-2017 issued by the mahatma gandhi university. exhibit r5(e) true copy of the order dated 09-12-2021 issued by the deputy director of collegiate education, kottayam. exhibit r5(f) true copy of the memo no.220/04/83/2021 dated 04-06-2021 issued by the prathyaksha raksha daiva sabha. exhibit r5(g) true copy of the plaint filed by the 9th respondent in the munsiff court, thiruvalla dated 18-06-2021 in o.s. exhibit r5(h) true copy of the i.a.no.4 of 2021 in o.s.no.157 of 2021 on the files of the munsiff court, thiruvalla dated 06-07- 2021. exhibit r5(i) true copy of the government order bearing g.o.(rt)no. 1111/2019/h.edn dated 02-07- 2019. exhibit r5(j) true copy of the communication dated 22- 10-2018 issued by the respondent no. 8 to the 9th respondent. exhibit r5(a) true copy of the suspension memo dated 4.6.2021 issued to the 9th respondent. exhibit r5(b) true copy of the cma10/2021 dated 12.8.2021 filed before the sub court, thiruvalla, the 9th respondent. exhibit r5(c) a true copy of the fir in crime no.101/2022 of thrikkodithanam police. exhibit r5(d) true copy of fir in crime 1196/2020 of thrikodithanam police station. exhibit r5(e) true copy of fir in crime no.578/2021 exhibit r5(f) true copy of fir in crime no.3202/2020 of thiruvalla police station exhibit r5(g) true copy of the minutes of the meeting of the high council held on 12.6.2021 exhibit r5(h) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 1st petitioner exhibit r5(i) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 2nd petitioner exhibit r5(j) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 3rd petitioner exhibit r5(k) true copy of order dated 22.06.2020 issued by the 9th respondent in respect of 4th petitioner exhibit r5(l) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 5th petitioner exhibit r5(m) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 6th petitioner exhibit r5(n) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 7th petitioner exhibit r5(o) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 8th petitioner exhibit r5(p) true copy of undertaking dated 10.06.2020 issued by 1st petitioner exhibit r5(q) true copy of undertaking dated 10.06.2020 issued by 2nd petitioner exhibit r5(r) true copy of undertaking dated 10.06.2020 issued by 3rd petitioner exhibit r5(s) true copy of undertaking dated 10.06.2020 issued by 3rd petitioner exhibit r5(t) true copy of undertaking dated 10.06.2020 issued by 5th petitioner exhibit r5(u) true copy of undertaking dated 10.06.2020 issued by 6th petitioner exhibit r5(v) true copy of undertaking dated 10.06.2020 issued by 7th petitioner exhibit r5(w) true copy of undertaking dated 10.06.2020 issued by 8th petitioner exhibit r5(x) a true copy of judgment dated 10.3.2021 in wp(c) 1009/2021 exhibit r5(y) a true copy of the go(ms) dated 24.6.2021 exhibit r5(z) true copy of the communication dated12.11.2020 issued by the 7th petitioner in her capacity as principal in charge, to a query under the rti act by one k.k.prasadexhibit r5(aa) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 1st petitioner. exhibit r5(ab) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 2nd petitioner. exhibit r5(ac) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 3rd petitioner. exhibit r5(ad) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 4th petitioner. exhibit r5(ae) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 5th petitioner. exhibit r5(af) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 6th petitioner. exhibit r5(ag) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 7th petitioner. exhibit r5(ah) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 8th petitioner. appendix of wp(c) 14971/2022 petitioner exhibits exhibit p1 true copy of the bye-law of the 4th respondent trust. exhibit p2 true copy of the relevant portion of the constitution of the prakthyaksha raksha daiva sabha (prds). exhibit p3 true copy of the direct payment agreement dated 23.7.2015 along with covering letter dated 19.08.2015 issued by the government. exhibit p4 true copy of the letter no. d1/126/17/h.ed dated 14.06.2017 issued by the 1st respondent to the 2nd respondent. exhibit p5 true copy of the consolidated statement of workload submitted on 03.03.2017. exhibit p6 true copy of the order no. acbi/2/8005/2014 dated 29.07.2017 issued by the respondent university. exhibit p7 true copy of the newspaper notification published in malayala manorama daily dated 21.11.2017. exhibit p8 true copy of the interim order dated 16.11.2018 in w.p.(c) no.11426/2018(c) passed by this hon'ble court. exhibit p9 true copy of the consolidated statementof workload and fixation of staff strength proposed by the adalath on the basis of workload adalath 2018 dated nil.exhibit p10 true copy of the communication no.d4/11354/2019/dce dated 23.05.2019 issued by the 2nd respondent to the 5th respondent. exhibit p11 true copy of the judgment dated 26.02.2020 in w.a.no.302/2020 of this hon'ble court. exhibit p12 true copy of the appointment order dated 31.03.2018 of the 1st petitioner. exhibit p13 true copy of the appointment order dated 31.03.2018 of the 2nd petitioner. exhibit p14 true copy of the appointment order dated 31.03.2018 of the 3rd petitioner. exhibit p15 true copy of the appointment order dated 31.03.2018 of the 4th petitioner. exhibit p16 true copy of the appointment order dated 31.03.2018 of the 5th petitioner. exhibit p16(a) true copy of the appointment order dated 09.06.2020 of the 6th petitioner. exhibit p17 true copy of the appointment order dated 30.05.2019 of the 7th petitioner. exhibit p17(a) true copy of the appointment order dated 31.03.2018 of the 8th petitioner. exhibit p18 true copy of the common order dated 01.01.2021 in i.a. no.1/2020 o.s.no.417/2020 by the hon'ble thiruvalla. munsiff court, thiruvalla. exhibit p19 true copy of the newspapaper notification published in deshabhimani daily on 27.05.2021. exhibit p20 true copy of the notice dated 23.06.2021 issued by the 5th respondent along with its typed copy. exhibit p21 true copy of the communication dated 12.07.2021 issued by the 5th respondent. exhibit p22 true copy of the letter dated 17.05.2021 issued by the prds, pathanamthitta to the principal of the 5th respondent. exhibit p23 true copy of the order dated 26.7.2021 in i.a. no.4/2021 in o.s.no.157/2021 before the munsiff court, thiruvalla. exhibit p24 true copy of the communication dated 07.07.2021 issued by the 5th respondent to the 5th petitioner. exhibit p25 true copy of the email communication dated 10.08.2021 sent by the 1 petitioner to 5th respondent college. exhibit p25(a) true copy of the email communication dated 13.08.2021 sent by the 1* petitioner to 5th respondent college. exhibit p26 true copy of the communication dated 09.12.2021 issued by the 3rd respondent. exhibit p27 true copy of the relevant portion of the government order no. 471/2020/hedn dated 30.12.2020. exhibit p28 true copy of the interim order dated 24.01.2022 in w.p.(c) no. 2392/22 passed by this hon'ble court. exhibit p29 true copy of the interim order dated 25.03.2022 in w.p.(c) no. 2392/22 passed by this hon'ble court. exhibit p30 true copy of the judgment dated 04.04.2022 in w.a no. 426/22 passed by this hon'ble court. exhibit p31 true copy of the judgment dated 04.04.2022 in w.a.no. 438/22 passed by this hon"ble court. exhibit p32 true copy of the newspaper notification published in mangalam daily dated 21.04.2022. respondents exhibits exhibit r8(a) true copy of the judgment in wpc.no.1009/2021 by honourable high court of kerala. exhibit r8(b) the copy of govt. order no.840/2021 dated exhibit r8(c1) true copy of the termination letter dated exhibit r8(c2) true copy of the termination letter dated exhibit r8(c3) true copy of the termination letter dated exhibit r8(c4) true copy of the termination letter dated exhibit r8(c5) true copy of the termination letter dated exhibit r8(c6) true copy of the termination letter dated exhibit r8(c7) true copy of the termination letter dated exhibit r8(c8) true copy of the termination letter dated exhibit r8(d) the copy of the extract of minutes of the 4th high council meeting of prds held on exhibit r8(e) the copy of application dated the agreement by then general secretary for sabha. exhibit r8(f) the copy of the file notes of the r1 with covering letter no.b3 128/55 hedn dated exhibit r8(g) the copy of the order dated 01/09/2021 in i.a.1/2021 in os 145/2021 thiruvalla munsiff's court. exhibit r8(h) the copy of the application dated the r1 act. exhibit r8(i) the copy of the reply dated 25/03/2022 by the 6th respondent to r8. exhibit r8(j) the copy of the letter having no.68/cto(a)/2022 dated 13/04/2022. exhibit r5(a) true copy of the suspension memo dated 4.6.2021 issued to the 9th respondent. exhibit r5(b) true copy of the cma 10/2021 dated 12.8.2021 filed by before the sub court, thiruvalla, the 9th respondent. exhibit r5(c) a true copy of the fir in crime no.101/2022 of thrikkodithanam police. exhibit r5(d) a true copy of fir in crime 1196/2020 of thrikodithanam police station exhibit r5(e) true copy of fir in crime no.0578/2021thiruvalla police station dated 12/3/2021 exhibit r5(f) true copy of fir in crime no.3202/2020 of thiruvalla police station dated exhibit r5(g) true copy of the minutes of the meeting of the high council held on 12.6.2021 exhibit r5(h) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 1st petitioner. exhibit r5(i) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 2nd petitioner exhibit r5(j) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 4th petitioner exhibit r5(k) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 5th petitioner exhibit r5(l) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 6th petitioner exhibit r5(m) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 7th petitioner exhibit r5(n) true copy of order dated 10.06.2020 issued by the 9th respondent in respect of 8th petitioner exhibit r5(o) true copy of order dated 22.10.2020 issued by the 9th respondent in respect of 3rd petitioner exhibit r5(p) true copy of undertaking dated 10.06.2020 issued by 1st petitioner exhibit r5(q) rue copy of undertaking dated 10.06.2020 issued by 2nd petitioner exhibit r5(r) rue copy of undertaking dated 10.06.2020 issued by 3rd petitioner exhibit r5(s) rue copy of undertaking dated 10.06.2020 issued by 4th petitioner exhibit r5(t) rue copy of undertaking dated 10.06.2020 issued by 5th petitioner exhibit r5(u) rue copy of undertaking dated 10.06.2020 issued by 6th petitioner exhibit r5(v) rue copy of undertaking dated 10.06.2020 issued by 7th petitioner exhibit r5(w) rue copy of undertaking dated 10.06.2020 issued by 8th petitioner exhibit r5(x) a true copy of judgment dated 10.3.2021 in w.p.(c )1009/2021 exhibit r5(y) a true copy of go(ms) dated 24.06.2021 exhibit r5(z) true copy of the communication dated12.11.2020 issued by the 5th petitioner in her capacity as principal in charge, to a query under the rti act by one k.k.prasadexhibit r5(aa) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 1st petitioner. exhibit r5(ab) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 2nd petitioner. exhibit r5(ac) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 3rd petitioner. exhibit r5(ad) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 4th petitioner. exhibit r5(ae) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 5th petitioner. exhibit r5(af) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 6th petitioner. exhibit r5(ag) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 7th petitioner. exhibit r5(ah) true copy of termination letter dated 7.7.2021 issued by the 5th respondent to the 8th petitioner.

Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 13TH DAY OF JULY 2022 / 22ND ASHADHA, 1944 WP(C) NO. 13343 OF 2021 PETITIONERS: 1 REJITHA V.K. W/O.HAREESH KUMAR T.N., THATTEL HOUSE, MANARCAD P.O., KOTTAYAM DISTRICT 686 019 2 JESNA BASHEER W/O.RINOZ E., BAITHULRAHMA, VELOOR P.O., KOTTAYAM DISTRICT 686 003 3 SRUTHI V.R. W/O.VISHNU K.V., VALIAVEEDU HOUSE, CHENGALAM SOUTH P.O., KOTTAYAM DISTRICT 686 022
4 SHAJEELA RANI A. W/O.SUNEER KHAN S., SUJEER MANZIL, KUZHIMATHICADU P.O., KUNDARA, KOLLAM DISTRICT 691 509 5 SANTHI KRISHNA W/O.RAKESH KRISHNAN, SANKARAMANGALAM, NEDUMKUNNAM, KOTTAYAM DISTRICT 686 542 6 PRIYANKA NAIR N.A. D/O.LATE P.K. ACHUTHAN NAIR, NEDUVELIL HOUSE, NARANGANAM P.O., KOZHENCHERRY, PATHANAMTHITTA DISTRICT 689 642 7 VANDANA S. D/O.SUNIL B., PADINJAREMADATHIL HOUSE, THEKKETHUKAVALA P.O., KOTTAYAM DISTRICT 686 519 8 BINDU P. W/O.BINU G., AMARAVATHI, NANDAIVANAM, NEDUMPARAMBU P.O., NAGAROOR, THIRUVANANTHAPURAM DISTRICT 695 102 9 DR. SIMI S. KURUP W/O.SUDEESH KUMAR S., TATHWAMASI, PULINTHANAM, KUNNAMTHANAM P.O., PATHANAMTHITTA DISTRICT 689 581 10 DR. JAYANTHI L.S. W/O.MAHESH S., T.C.25/2706/2, PRA L 21, LUKES LANE, PUTHENCHANTHAI, THIRUVANANTHAPURAM DISTRICT 695 BY ADVS. SUNIL V.MOHAMMED MANOJ N. RESPONDENTS: 1 STATE OF KERALA REP. BY ITS SECRETARY TO HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 2 THE SREEKUMARA GURUDEVA EDUCATION AND CHARITABLE TRUST (SECT) SREEKUMARA NAGAR, ERAVIPEROOR, PATHANAMTHITTA DISTRICT 689 542, REP. BY ITS SECRETARY 3 THE PRINCIPAL PRDS COLLEGE OF ARTS AND SCIENCE, AMARAPURAM, AMARA P.O., CHANGANASSERY, KOTTAYAM DISTRICT 686 546 4 Y. SADASIVAN PRESIDENT, PRATHYAKSHA RAKSHA DAIVA SABHA (PRDS), CHAIRMAN, SREE GURUDEVA EDUCATION AND CHARITABLE TRUST (SECT), SREEKUMARA NAGAR, ERAVIPEROOR, PATHANAMTHITTA DISTRICT 689 542 5 DR. P.N. VIJAYAKUMAR INDEEVARAM, MR. VASU ROAD, CRA 1, AYYANTHOLE P.O., THRISSUR DISTRICT 680 003 6 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM DISTRICT 7 ADDL.R7. PRAKTHYAKSHA RAKSHA DAIVA SABHA REPRESENTED BY THE GENERAL SECRETARY, SREEKUMARA NAGAR, ERVIPEROOR, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689542. 8 ADDL.R8. THE PRDS ARTS AND SCIENCE COLLEGE REPRESENTED BY THE GENERAL SECRETARY IN CHARGE OF THE COLLEGE, SREEKUMAR NAGAR, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA DISTRICT - 686546. 9 ADDL.R9. C.SATHYAKUMAR THE PRESENT MANAGER OF THE PRDS ARTS AND SCIENCE COLLEGE, AMARA, CHANGANACHERRY, KOTTAYAM DISTRICT- 686546.
10 ADDL. R10. ATHIRAMOL K.R KOLLAMPARAMBIL, NEDUMANNY P.O., NEDUMKUNNAM, KOTTAYAM DISTRICT-686542. 11 ADDL. R11.RAJEEV MOHAN, KUNNIL HOUSE, AMARA P.O., VENKOTTA, CHANGANASSERY, KOTTAYAM DISTRICT- 686 546. 12 ADDL. R12. NIKHILA MANOHAR POOMANGALATHU VEEDU, A.K. SIVANANDAN ROAD, VENPALAVATTOM, ANAYARA P.O., THIRUVANANTHAPURAM-695 029. 13 ADDL. R13. PRIYANKA SURENDRAN SUJAY BHAN, HARITHA NAGAR, OOKKODE P.O., THIRUVANANTHAPURAM- 695 020. 14 ADDL. R14. AMALYA APPOOS EZHOLICKAL HOUSE, MADAPPALLY P.O., CHANGANASSERY, KOTTAYAM DISTRICT- 686 546. 15 ADDL. R15. ARJUN R RESHNI, ERAVIPEROOR P.C., PATHANAMTHITTA DISTRICT- 689 542. 16 ADDL. R16. ANIL M.R MULAMKOOTTATHI HOUSE, KURICHIMUTTOM P.O., PATHANAMTHITTA DISTRICT-689 532. 17 ADDL. R17. DEEPA K. GOPALAN PALLATHU PARAMBIL HOUSE, R.S.A.C. ROAD, VYTTILA P.O., COCHIN- 682 019. 18 ADDL. R18. VEENAMOL RAJ THANNICKAL HOUSE, PINNAKKANADU, KALAKETTY P.O., KOTTAYAM DISTRICT-686 508. 19 ADDL. R19. SMITHA MOL N.K., VALAYIL HOUSE, PARAVAKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT-688 540. 20 ADDL. R20. AKHILA M. PANICKER MADHAVAM HOUSE, THOTTAMON, RANNY P.O., PATHANAMTHITTA DISTRICT-689 672. 21 ADDL. R21. PRAVEENA T. RAM APSARA HOUSE NO. 10, OLAVAKKODE, PALAKKAD DISTRICT- 678 002. 22 ADDL. 22. DHANESH SEKHAR VATTAPPURAYIDATHIL HOUSE, VELLAPPALLY P.O., ARUNAPURAM (VIA), KOTTAYAM DISTRICT-686 574
(ADDITIONAL RESPONDENTS R10 TO R22 ARE IMPLEADED AS PER THE ORDER DATED 13.07.2022 IN I.A. 2/2021 IN WPC.) BY ADVS. R.ANAS MUHAMMED SHAMNAD P.K.SANTHAMMA SHAMEENA SALAHUDHEEN JEEVA KUMARI P.S AVINASH K.KRISHNAN SMT RESMI THOMAS -GP; SRI SURIN GEORGE IPE-SC; THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).2392/2022, 14971/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 13TH DAY OF JULY 2022 / 22ND ASHADHA, 1944 WP(C) NO. 2392 OF 2022 PETITIONERS: 1 RAJITHA.V.K AGED 39 YEARS W/O.HAREESHKUMAR T.N., THATTEL (H), MANARCAD P.O., KOTTAYAM DISTRICT - 686 019. 2 JASNA BASHEER AGED 34 YEARS W/O.RINOZ E., BAITHUL RAHMA, VELOOR P.O., KOTTAYAM DISTRICT - 686 003. 3 SRUTHI V.R. AGED 29 YEARS W/O.VISHNU K.V., VALIYA VEED HOUSE, CHENGALAM SOUTH P.O., KOTTAYAM DISTRICT - 686 022. 4 SHAJEELA RANI A. AGED 34 YEARS W/O.SUNEER KHAN S., SUJEER MANZIL, KUZHIMATHICADU P.O., KUNDARA P.O., KOLLAM DISTRICT - 691 509. 5 SANTHI KRISHNA AGED 33 YEARS W/O.RAKESH KRISHNAN, SANKARAMANGALAM, NEDUMKUNNAM, KOTTAYAM DISTRICT - 686 542. 6 BINDHU P. AGED 39 YEARS W/O.BINU G., AMARAVATHI, NANDAIVANAM, NAGAROOR, NEDUMPARAMBU P.O., THRUVANANTHAPURAM - 695 102. 7 DR.SIMI S.KURUP AGED 42 YEARS W/O.SUDEESH KUMAR, TATHWAMASI, KUNNAMTHANAM P.O., THIRUVALLA - 689 581. 8 DR.JAYANTHI L.S. AGED 35 YEARS W/O.MAHESH S., TC 25/2706/2, PRA L21, LUKES LANE, PULIMOOD, THIRUVANANTHAPURAM - 695 001. BY ADVS. NISHA GEORGE A.L.NAVANEETH KRISHNAN CHITHRA P.GEORGE REGINALD VALSALAN GEORGE POONTHOTTAM (SR.) RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 691 001. 2 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, PALAYALAM, THIRUVANANTHAPURAM - 695 033. 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM - 686 001. 4 THE SREEKUMARA GURUDEVA EDUCATIONAL CHARITABLE TRUST (SECT) SREEKUMARA NAGAR, ERAVIPEROOR, PATHANAMTHITTA DISTRICT - 689 542, REPRESENTED BY ITS SECRETARY. 5 THE PRDS COLLEGE OF ARTS AND SCIENCE AMARAPURAM, AMARA P.O., CHANGANASSERY, KOTTAYAM DISTRICT - 686 546 REPRESENTED BY ITS MANAGER. 6 THE MAHATMA GANDHI UNIVERSITY PRIYADARSHINY HILLS, REPRESENTED BY REGISTRAR, ATHIRAMPUZHA, KOTTAYAM DISTRICT - 686 560. 7 DR.R.PRAGASH DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, VAYASKARAKUNNU, PALACE ROAD, KOTTAYAM - 686 001. 8 DR.P.N.VIJAYAKUMAR INDEEVARAM, M.R.VASU ROAD, CRA 1, AYYANTHOLE P.O., THRISSUR DISTRICT - 680 03. 9 Y.SADASIVAN MANAGER, PRDS COLLEGE OF ARTS AND SCIENCE, RESIDING AT BABY SADANAM, KALLODE P.O., NEYYATTINKARA,THIRUVANANTHAPURAM - 685 571. BY ADVS. AVINASH K.KRISHNAN P.N.VIJAYAKUMAR(K/000049/1973) GIRIJA K GOPAL P.K.SANTHAMMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).13343/2021 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 DEVAN RAMACHANDRAN WEDNESDAY, THE 13TH DAY OF JULY 2022 / 22ND ASHADHA, 1944 WP(C) NO. 14971 OF 2022 PETITIONERS: 1 JASNA BASHEER AGED 34 YEARS W/O. RINOZ E, BAITHUL RAHMA, VELOOR P.O, KOTTAYAM DISTRICT-686 003. PIN - 686003 2 SRUTHI V.R. AGED 29 YEARS AGED 29 YEARS, W/O. VISHNU K.V, VALIYA VEED HOUSE, CHENGALAM SOUTH P.O, KOTTAYAM DISTRICT-686 022. 3 SHAJEELA RANI A, AGED 34 YEARS AGED 34 YEARS, W/O. SUNEER KHAN S, SUJEER MANZHIL, KUZHIMATHICADU P.O, KUNDARA P.O, KOLLAM DISTRICT- 691 509. 4 SANTHI KRISHNA, AGED 33 YEARS AGED 33 YEARS, W/O. RAKESH KRISHNAN, SANKARAMANGALAM, NEDUMKUNNAM, KOTTAYAM DISTRICT- 686 542. 5 DR. SIMI S. KURUP, AGED 42 YEARS, W/O. SUDEESH KUMAR, TATHWAMASI, KUNNAMTHANAM P.O, THIRUVALLA-689 581. 6 DR. JAYANTHI L.S. AGED 35 YEARS , AGED 35 YEARS, W/O. MAHESH S, TC 25/2706/2, PRA L21 LUKES LANE, PULIMOOD, THIRUVANANTHAPURAM-695 001. 7 PRIYANKA NAIR N.A., AGED 42 YEARS D/O. LATE P.K. ACHUTHAN NAIR, AGED 42 YEARS, NEDUVELIL HOUSE, NARANGANAM P.O., KOZHENCHERY, PATHANAMTHITTA DISTRICT - 689 642. 8 VANDANA SUNIL, AGED 34 YEARS D/O. B. SUNIL, AGED 34 YEARS, PADINJAREMADATHIL, THEKKETHKAVALA P.O., KOTTAYAM - 686519. BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE J.VISHNU A.L.NAVANEETH KRISHNAN CHITHRA P.GEORGE REGINALD VALSALAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-691 001., PIN - 691001 2 THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PALAYALAM, THIRUVANANTHAPURAM-695 033. 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM, VAYASKARAKUNNU, PALACE ROAD, KOTTAYAM - 686 001. 4 THE SREEKUMARA GURUDEVA EDUCATIONAL CHARITABLE TRUST (SECT) SREEKUMARA NAGAR, ERAVIPEROOR, PATHANAMTHITTA DISTRICT-689 542, REPRESENTED BY ITS SECRETARY. 5 THE PRDS COLLEGE OF ARTS AND SCIENCE, AMARAPURAM, AMARA P.O, CHANGANASSERY, KOTTAYAM DISTRICT-686 546. REPRESENTED BY ITS MANAGER 6 THE MAHATMA GANDHI UNIVERSITY, PRIYADARSHINY HILLS, REPRESENTED BY REGISTRAR, ATHIRAMPUZHA, KOTTAYAM DISTRICT-686 560. 7 SRI C. SATHYAKUMAR POYKA, MEKKEVATTAVILA, ARAYUR P.O.,THIRUVANANTHAPURAM - 695 122 8 DR. P.N. VIJAYAKUMAR, INDEEVARAM, M.R. VASU ROAD, CRA 1, AYYANTHOLE P.O, THRISSUR DISTRICT-680 003. 9 Y. SADASIVAN, MANAGER, PRDS COLLEGE OF ARTS AND SCIENCE, RESIDING AT BABY SADANAM, KALLODE P.O, NEYYATTINKARA, THIRUVANANTHAPURAM-685 571. 10 ADDL.R. DR.DHANESH SEKHAR CHANDRASEKHARAN NAIR, GUEST LECTURER IN ECONOMICS, S/O. RESIDING AT VATTAPURAYIDATHIL HOUSE, VELLIAPPALLY P.O, ARUNAPURAM VIA, KOTTAYAM DISTRICT PIN: 686574 11 ADDL.R11. PRAVEENA.T.RAM AGED 32 YEARS D/O T. K. RAMACHANDRAN, GUEST LECTURER IN ECONOMICS, RESIDING AT APSARA, AISWARYA COLONY, OLAVAKKODE, PALAKKAD, PIN- 678002 12 ADDL.R12. DR.MANJU.P.T. AGED 41 YEARS W/O SUBHASH R. GUEST LECTURER IN HINDI. RESIDING AT CHENNACHERY PUTHEN VEEDU, VKRA 214, MASJID AT LANE, VAZHOTTUKONAM, P.O VATTIYOORKAVU, TRIVANDRUM PIN: 695013 13 ADDL.R13. DR.RAJEEV MOHAN AGED 33 YEARS S/O K.M MOHANARAJAN, GUEST LECTURER IN MALAYALAM, RESIDING AT KUNNIL HOUSE, AMARA P.O, VENKOTTA, KOTTAYAM DISTRICT, PIN 686546 14 ADDL.R14. DR.DEEPA.K.GOPALAN AGED 36 YEARS D / O K.K. GOPALAN, GUEST LECTURER IN COMMERCE, RESIDING AT PALLATHU PARAMBIL HOUSE, PALLATHU LANE, R.S.A.C. ROAD, VYTTILA, ERNAKULAM DISTRICT, PIN- 682019
15 ADDL.R15. AKHILA.M.PANICKER AGED 29 YEARS D/O MOHANA CHANDRA PANICKER, GUEST LECTURER IN COMMERCE, RESIDING AT MADHAVAM HOUSE, THOTTAMON, RANNI P.O, PATHANAMTHITTA DISTRICT. PIN- 689672 16 ADDL.R16. VEENAMOL RAJ
AGED 25 YEARS D/OT. M. RAJAN, GUEST LECTURER COMMERCE, RESIDING AT THANICKAL HOUSE, PINNAKKANDU, KULAKETTY P.O, KOTTAYAM 686508 17 ADDL.R17. ATHIRAMOL.K.R. AGED 26 YEARS D/O. RAVEENDRA KURNAR M.T, GUEST LECTURER IN MATHEMATICS, RESIDING AT KOLLAINPARAMPIL, NEDUMANNY P.O. NEDUMKUNNAM, KOTTAYAM DISTRICT, PIN-686542 18 ADDL.R18. SAJINAMOL.A.K. AGED 30 YEARS D /O. KUMARAN A.C. GUEST LECTURER IN MATHEMATICS, RESIDING AT AIYEPURAYIDATHIL HOUSE, PUTHENCHANTHA P.O. VAKATHANAM, KOTTAYAM PIN- 686538 19 ADDL.R19. NEETHU SANTHARAM AGED 26 YEARS D/O SANTHARAM P.K., GUEST LECTURER IN PHYSICS, RESIDING AT PARAYANMOOLAYIL HOUSE, DEVALOKAM P.O. KOTTAYAM-686004 20 ADDL.R20. AMULYA APPOOS AGED 26 YEARS DO. DR. A. K APPUKKUTTAN, GUEST LECTURER IN ENGLISH, RESIDING AT EZHOLICKAL, P.O, MADAPPALLY, CHANGANACHERRY, KOTTAYAM- 686546 21 ADDL.R21. ARJUN.R. AGED 27 YEARS S/O RAVEENDRAN A.G., GUEST LECTURER IN ENGLISH, RESIDING AT RESHMI HOUSE, ERAVIPEROOR P.O, PATHANAMTHITTA, PIN- 689542 22 ADDL.R22. PRIYANKA SURENDRAN AGED 31 YEARS, D/O SURENDRAN P. R., GUEST LECTURER IN ENGLISH, RESIDING AT SUJAY BHAVAN, HARITHA NAGAR, OOKKODE P.0. TRIVANDRUM- 695020 23 ADDL.R23. ANIL.M.R. AGED 43 YEARS S/O. RAGHAVAN M.A. GUEST LECTURER IN ENGLISH RESIDING AT MULAKOOTTATHIL HOUSE, KURICHIMUTTO: PATHANAMTHITTA-689532 24 ADDL.R24. AJITH.K.K. AGED 27 YEARS S/O KRISHNANKUTTY K, GUEST LECTURER IN STATISTICS, RESIDING AT KUNNATHUCHALIL HOUSE, PERIKKALLOOR P.O. PULPALLY, WAYANAD - 673579

(ADDL. R10 TO ADDL.R24 ARE IMPLEATED AS PER ORDER

DATED 13.7.2022 IN I.A. 1/2022.) BY ADVS. ALEX.M.SCARIA GIRIJA K GOPAL SURIN GEORGE IPE P.K.SANTHAMMA N.ANAND SHAMEENA SALAHUDHEEN AVINASH K.KRISHNAN RAJESH O.N. SARITHA THOMAS ALEN J. CHERUVIL JOHNSON JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).13343/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The issues in these cases are certain appointments made to the PRDS College of Arts and Science (College for short). There is an ongoing controversy relating to the management of the College between two entities, by name, Sree Kumaragurudevan Educational Charitable Trust (hereinafter "Trust" for short) and "Pratyaksha Raksha Daiva Sabha" (to be referred to as "Sabha" for short), both of which assert to be the ones in its governance and control, which has led to civil cases between them, pending in Competent Civil Courts.

2. While so, one among the members of the Trust, who

claimed himself to be the “Manager” of the College, made certain appointments to the post of Assistant Professors, on Guest Lecturer basis and for a particular term. When such term of those persons expired, an attempt was made to substitute them with a different set of Guest Lecturers, which impelled them to approach this Court through W.P. (C).No.13343 of 2021. However, since no interim orders were issued by this Court in this said writ petition, the next set of Guest Lecturers are stated to have been appointed and that their term has also now expired.

3. The petitioners, thereupon, approached this Court

through W.P.(C).No.2392 of 2022 and W.P.(C).No 14971 of 2022, claiming that they were appointed by the College following due procedure and in compliance of the mandate of the relevant Regulations of the University Grants Commission

(UGC) and therefore, that they are entitled to be regularized in the vacancies which have now been created by the Government, through their order bearing number G.O.MS.471/2020/HEDN dated 30.12.2020.

4. I have heard Sri.Geroge Poonthottam, learned Senior

Counsel instructed by Sri.Navaneeth Krishnan - learned counsel appearing for the petitioners in W.P(C)No.2392 of 2022 and 14971 of 2022; Sri.Sunil V. Mohammed - learned counsel appearing for the petitioners in W.P(C)No.13343 of 2021; Sri.Surin George Ipe - learned Standing Counsel for the M.G.University; Smt.Girija Gopal - learned counsel for the ‘Trust”; Smt.P.K.Santhamma - learned counsel for the “Sabha”; Sri.N.Anand and Smt.Saritha Thomas learned counsel appearing for some of the party respondents and Smt.Resmi Thomas - learned Government Pleader appearing for the official respondents.

5. The facts involved in these cases are not greatly in

dispute because the factum of the first set of teachers having been appointed - who are petitioners in W.P(C)No.13343 of 2021 - and their term having expired is without contest. It is asserted by the respondents that they were all thus terminated; and no interim orders were able to be obtained by them in this writ petition. Therefore, for all practical purposes, the said writ petition has now become infructuous.

6. Thereupon, the very same petitioners filed

W.P(C)No.2392 of 2022 and W.P(C)No.14971 of 2022 virtually seeking the benefit of regularization in the posts that have now been created by the Government, through their afore mentioned order dated 30.12.2020.

7. The M.G.University, on the other hand, submits that all

appointments, if any, made by the College or by the ‘Trust’/’Sabha’ which claims to control it could have been only on temporary basis and on the strength of certain instructions given by the University for appointment of the Guest Lecturers in exceptional circumstances. He submitted that since none of these appointments were made subsequent to a selection conducted by a validly constituted Selection Committee, under the ambit of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018’ (hereinafter referred to as the ‘UGC Regulations, 2018’ for short), none of them can impel any right to continue, much less to be regularized in service. In fact, Sri.Surin George Ipe, their learned Standing Counsel, vehemently submitted that if any such proposal is made to his client by either the College or by the ‘Trust’/’Sabha’ as the case may be, it will not be approved, because the process of selection which the petitioners allegedly went through, if any, is not as per the 'UGC Regulations 2018'.

8. Smt.Resmi Thomas - learned Government Pleader,

adopted the afore submissions of Sri.Surin George Ipe, arguing that no appointment could have been made before the afore mentioned Government order dated 30.12.2020 created the posts; and therefore, that all these writ petitions are liable to be dismissed. She added that, in any event of the matter, any right to claim regularization can emanate - even if it is so assumed without conceding - only had the petitioners gone through a semblance of a selection proceedings which is as per the 'UGC Regulations 2018'.

9. In reply, Sri.George Poonthottam - learned Senior

Counsel, submitted that the petitioners in these cases were appointed through a process sanctioned in law; and that too, before the coming into force of the 'UGC Regulations 2018'. He added that since all of his clients were appointed and are continuing in service even today, it would be great injustice to them - both statutorily and on the principles of equity - to terminate them, so as to give way for adhoc appointments again, especially at the whim of the members of the ‘Trust’ and ‘Sabha’. He reiteratingly insisted that his clients are still in service and have not been terminated at any point of time until now.

10. In response to the afore assertions of the learned

Senior Counsel, Smt.P.K.Santhamma - learned counsel for the ‘Sabha’ and Smt.Girija Gopal - learned counsel for the ‘Trust’ submitted in unison that the documents on record would clearly establish that the petitioners have already been terminated; and that they have offered written undertaking that they will not stake any further claim to the posts or to the services in the College.

11. I have recorded the afore submissions for the sake of continuity and nothing more because, they are no longer relevant as far as the functioning of the College is concerned.

12. I say as afore because, what is important is that

proper appointments are made for the benefit of the College and the student community at large; but what this Court now finds, though the pleadings in these matters, are certain appointments made by persons by persons who claim to be in Management of the College, following a procedure which they themselves devised and which singularly suited their interests. This is pertinent because the M.G.University will approve any appointment only if it is done as per the provisions of the 'UGC Regulations 2018'; and in the absence of any such process having been completed at any point of time by the College, I cannot find favour with the submissions of the petitioners that they should be regularized in the posts which have now been created by the Government though their order dated 30.12.2020.

13. When such posts are created, they can be filled up and

accommodated with only those candidates who have been selected as per the manner mandated by the “UGC Regulations 2018”, namely under the aegis of a Selection Committee which consists of, inter alia, the Principal of the College, a Professor of the College, two nominees of the Vice Chancellor and two subject experts. It is conceded before me by every counsel appearing for the parties herein that none of the petitioners were selected by such a Committee so constituted. Therefore, the further contention of Sri.George Poonthottam - learned Senior Counsel, that some of his clients were appointed even before the coming into force of the 'UGC Regulations 2018' would have no relevance at all because the prior UGC Regulations, namely that of the year 2010, held the field then.

14. In summation, what is now relevant and what is

necessary is the paving way for proper appointments to be made to the College without any further delay. However, since the members of the ‘Trust’ and the ‘Sabha’ are engaged in litigation with conflicting and competing claims of management of the College; and since there is no conclusivity yet as to who among them are the members of its Governing Body or its Chairperson, I am certain that the Committee to be constituted as per the 'UGC Regulations 2018' must be left to be decided by the M.G. University, at least for this time, or until the disputes between the members of the Governing Body are properly resolved finally.

15. Going by 'UGC Regulations 2018'; the Selection

Committee will have to be headed by the Chairperson of the Governing Body, with certain members to be nominated by the said Body. For the reasons that I have already said above this may not be feasible and therefore, I deem it appropriate to allow the University to nominate all such members as a one time measure, for the purpose of appointments for this time, so that they can be completed without delay and in implicit compliance of all the imperative requirements under the said Regulations. Resultantly, I dispose of these writ petitions with the following directions:

(a) The reliefs sought for by the petitioners in these three cases are repelled and therefore, dismissed to such extent.

(b) If the petitioners, or any among them, are still service

or continuing, then they will be allowed to do so until appointments are made finally in terms of the directions below; however, clarifying that if there is any dispute as to whether they are continuing or otherwise, it would be construed that they have been terminated based on the undertakings which the College says they have already made.

constitute a Selection Committee in terms of the 'UGC Regulations 2018'; with the modification that the Chairperson, his nominees and the nominees of the Governing Body of the College shall be appointed and made by the M.G. University, to be nominated from outside or from their own services, who occupy responsible positions in the field of education. This will also apply in the case of other nominated members, both from the side of the Vice Chancellor, as also the subject experts; but the Committee shall include the Principal of the College and a Professor, if any one is so available.

(d) The Principal of the College is hereby directed to

afford complete support to the University in issuing notifications and completing the afore ordered processes in terms of direction (c) above and he shall be personally responsible to ensure that this is done notwithstanding any opposition from any person, including from the ‘Trust’, ‘Sabha’ or anyone else.

(e) Since some of the facts involved in this case are still

amorphous, including as to the availability of a Principal or Professor in the College, I leave liberty to the parties, including the University, to approach this Court for any clarification, if it becomes so necessary; and the Registry will list such applications on priority before this Bench.

(f) Needless to say, the petitioners in these cases will be

at liberty to apply for the posts, subject to all qualifications and conditions being satisfied by them. Sd/- DEVAN RAMACHANDRAN JUDGE MC/13.7 APPENDIX OF WP(C) 13343/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BYELAW OF THE 2ND RESPONDENT EDUCATIONAL AGENCY Exhibit P2 TRUE COPY OF THE DIRECT PAYMENT AGREEMENT DATED 23.7.2015 BETWEEN THE 1ST AND 2ND RESPONDENTS ALONG WITH COVERING LETTER DATED 19.8.2015 Exhibit P3 TRUE COPY OF THE ORDER OF AD-INTERIM INJUNCTION DATED 1.12021 IN IA NO.1/2020 IN OS NO.417/2020 OF MUNSIFF COURT, THIRUVALLA Exhibit P4 TRUE COPY OF THE CIRCULAR DATED 29.3.2021 ISSUED BY THE MG UNIVERSITY, KOTTAYAM Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 1ST PETITIONER Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 2ND PETITIONER Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 3RD PETITIONER Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 4TH PETITIONER Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 5TH PETITIONER Exhibit P10 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 6TH PETITIONER Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 7TH PETITIONER Exhibit P12 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 8TH PETITIONER Exhibit P13 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 9TH PETITIONER Exhibit P14 TRUE COPY OF THE COMMUNICATION DATED 31.3.2021 ISSUED BY THE MANAGER OF PRDS COLLEGE TO THE 10TH PETITIONER Exhibit P15 TRUE COPY OF THE NOTIFICATION DATED 27.5.2021 PUBLISHED BY THE 5TH RESPONDENT IN DESHABHIMANI DAILY. Exhibit P16 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P17 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P18 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P19 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 4TH PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P20 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 5TH PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P21 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 6TH PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P22 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 7TH PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P23 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 8TH PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P24 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 9TH PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P25 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 10TH PETITIONER ALONG WITH RESUME BEFORE THE 5TH RESPONDENT Exhibit P26 TRUE COPY OF THE NOTICE DATED 23.6.2021 ISSUED BY THE 4TH RESPONDENT/MANAGER OF THE PRDS COLLEGE RESPONDENTS EXHIBITS EXHIBIT R7(A) TRUE COPY OF THE RELEVANT PAGES OF PREFACE OF PRDS CONSTITUTION EXHIBIT R7(B) TRUE COPY OF THE SANCTION ORDER DATED 11.4.2014 BY R1. EXHIBIT R7(C) THE TRUE COPY OF THE ORDER DATED 26.11.2015 SANCTIONING FINANCIAL AID. EXHIBIT R7(D) THE COPY OF THE JUDGMENT IN W.P(C)NO.1009/2021 DATED 10.3.2021. EXHIBIT R7(E) THE TRUE COPY OF THE ORDER DATED 24.6.2021 BY R1. EXHIBIT R9(A) THE COPY OF THE ORDER DATED 11.4.2014, WITH ENGLISH TRANSLATION EXHIBIT R9(B) THE COPY OF THE RELEVANT PAGES OF PREFACE OF CONSTITUTION OF R7 WITH ENGLISH TRANSLATION. EXHIBIT R9(C) THE COPY OF THE ORDER 26.11.2015, SANCTIONING GRANT TO R7 BY R1. EXHIBIT R9(D) THE COPY OF THE JUDGMENT DATED 10.3.2021 IN W.P(C)NO.1009 OF 2021 BY HON’BLE HIGH COURT OF KERALA. EXHIBIT R9(E) THE COPY OF THE ORDER DATED 24.6.2021 BY R1 TO GENERAL SECRETARY PRDS AND OTHR WITH ENGLISH TRANSLATION. EXHIBIT R9(F) THE COPY OF THE ORDER DATED 18.6.2021 BY R1 TO DIRECTOR OF R1 WITH ENGLISH TRANSLATION. APPENDIX OF WP(C) 2392/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BYE-LAW OF THE 4TH RESPONDENT TRUST. Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE CONSTITUTION OF THE PRAKTHYAKSHA RAKSHA DAIVA SABHA (PRDS). Exhibit P3 TRUE COPY OF THE DIRECT PAYMENT AGREEMENT DATED 23/7/2015 ALONG WITH COVERING LETTER DATED 19/08/2015 ISSUED BY THE GOVERNMENT. Exhibit P4 TRUE COPY OF THE LETTER NO.PRDS/COLLEGE- CORRESP/16 DATED 19/12/2016 ISSUED BY THE 5TH RESPONDENT TO THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE LETTER NO.D1/126/17/H.ED. DATED 14/06/2017 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF THE CONSOLIDATED STATEMENT OF WORKLOAD SUBMITTED ON 03/03/2017.

Exhibit P7 TRUE COPY OF THE ORDER

NO.ACBI/2/8005/2014 DATED 29/07/2017 ISSUED BY THE RESPONDENT UNIVERSITY. Exhibit P8 TRUE COPY OF THE NEWSPAPER NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 21/11/2017. Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED PASSED BY THIS HON'BLE COURT. Exhibit P10 TRUE COPY OF THE CONSOLIDATED STATEMENT OF WORKLOAD AND FIXATION OF STAFF STRENGTH PROPOSED BY THE ADALATH ON THE BASIS OF WORKLOAD ADALATH 2018 DATED NIL.

Exhibit P11 TRUE COPY OF THE COMMUNICATION NO.D4/11354/2019/DCE DATED 23/05/2019 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. Exhibit P12 TRUE COPY OF THE JUDGMENT DATED HON'BLE COURT. Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER DATED Exhibit P14 TRUE COPY OF THE APPOINTMENT ORDER DATED Exhibit P15 TRUE COPY OF THE APPOINTMENT ORDER DATED Exhibit P16 TRUE COPY OF THE APPOINTMENT ORDER DATED Exhibit P17 TRUE COPY OF THE APPOINTMENT ORDER DATED Exhibit P18 TRUE COPY OF THE APPOINTMENT ORDER DATED Exhibit P19 TRUE COPY OF THE APPOINTMENT ORDER DATED Exhibit P20 TRUE COPY OF THE APPOINTMENT ORDER DATED Exhibit P21 TRUE COPY OF THE COMMON ORDER DATED O.S.NO.417/2020 BY THE HON'BLE MUNSIFF COURT, THIRUVALLA. Exhibit P22 TRUE COPY OF THE NEWSPAPER NOTIFICATION PUBLISHED IN DESHABHIMANI DAILY ON Exhibit P23 TRUE COPY OF THE NOTICE DATED 23/06/2021 ISSUED BY THE 5TH RESPONDENT ALONG WITH ITS TYPED COPY. Exhibit P24 TRUE COPY OF THE COMMUNICATION DATED Exhibit P25 TRUE COPY OF THE LETTER DATED 17.05.2021 ISSUED BY THE PRDS, PATHANAMTHITTA TO THE PRINCIPAL OF THE 5TH RESPONDENT. Exhibit P26 TRUE COPY OF THE ORDER DATED 26.07.2021 IN IA NO.4/2021 IN OS,NO.157/2021 BEFORE THE MUNSIFF COURT, THIRUVALLA. Exhibit P27 TRUE COPY OF THE COMMUNICATION DATED 7.7.2021 ISSUED BY THE 5TH RESPONDENT TO THE 5TH PETITIONER. Exhibit P28 TRUE COPY OF THE EMAIL COMMUNICATION DATED 10.08.2021 SENT BY THE 1ST PETITIONER TO 5TH RESPONDENT COLLEGE. Exhibit P28 a TRUE COPY OF THE EMAIL COMMUNICATION DATED 13.08.2021 SENT BY THE 1ST PETITIONER TO 5TH RESPONDENT COLLEGE. Exhibit P29 TRUE COPY OF THE RELEVANT PORTION OF THE GOVERNMENT ORDER DATED 30.12.2020. RESPONDENTS EXHIBITS Exhibit R8(a) THE TRUE COPY OF THE CIRCULAR NO 2/2021 OF PRDS DATED 19.4.2021

Exhibit R8(b) THE TRUE COPY OF THE GOVERNMENTAL ORDER

GOMS 160/14-HIGHER EDUCATION DATED 11.4.2014

Exhibit R8(c) THE TRUE COPY OF THE GOVERNMENTAL ORDER

VIDE GOMS 663/2015 DATED 26.11.2015 TO PRDS Exhibit R8(d) THE TRUE COPY OF THE RELEVANT PAGE OF THE MINUTE OF THE 4TH HIGH COUNCIL MEETING OF PRDS HELD ON 12.6.2021

Exhibit R8(e) THE TRUE COPY OF THE GOVERNMENT ORDER

GOMS 840/2021 OF HIGHER EDUCATION DEPARTMENT DATED 24.6.2021 Exhibit R8(f) THE TRUE COPY OF THE INFORMATION DATED 12.4.2021 ISSUED BY THE 7TH PETITIONER Exhibit R8(g) THE TRUE COPY OF THE RTI INFORMATION DATED 7.9.2020 BY 7TH PETITIONER Exhibit R8(H1) TRUE COPY OF THE AGREEMENT EXECUTED BY THE 1ST PETITIONER RAJITHA V.K. ON Exhibit R8(H2) TRUE COPY OF THE AGREEMENT EXECUTED BY THE 2ND PETITIONER JASNA BASHEER ON Exhibit R8(H3) TRUE COPY OF THE AGREEMENT EXECUTED BY THE 3RD PETITIONER SRUTHI V.R ON Exhibit R8(H4) TRUE COPY OF THE AGREEMENT EXECUTED BY THE 4TH PETITIONER SHAJEELA RANI ON Exhibit R8(H5) TRUE COPY OF THE AGREEMENT EXECUTED BY THE 5TH PETITIONER SANTHI KRISHNA ON Exhibit R8(H6) TRUE COPY OF THE AGREEMENT EXECUTED BY THE 6TH PETITIONER BINDU P. ON 10/06/2020 Exhibit R8(H8) TRUE COPY OF THE AGREEMENT EXECUTED BY THE 8TH PETITIONER DR.JAYANTHI ON Exhibit R8 i1 TRUE COPY OF THE APPOINTMENT ORDERS ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 1ST PETITIONER. Exhibit R8 i2 TRUE COPY OF THE APPOINTMENT ORDERS ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 2NDPETITIONER. Exhibit R8 i3 TRUE COPY OF THE APPOINTMENT ORDERS ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 3RD PETITIONER. Exhibit R8 i4 TRUE COPY OF THE APPOINTMENT ORDERS ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 4TH PETITIONER Exhibit R8 i5 TRUE COPY OF THE APPOINTMENT ORDERS ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 5TH PETITIONER. Exhibit R8 i6 TRUE COPY OF THE APPOINTMENT ORDERS ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 6TH PETITIONER. Exhibit R8 i7 TRUE COPY OF THE APPOINTMENT ORDERS ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 7TH PETITIONER. Exhibit R8 i8 TRUE COPY OF THE APPOINTMENT ORDERS ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 8TH PETITIONER. Exhibit R8 j1 TRUE COPIES OF THE APPLICATIONS FOR THE POST OF GUEST LECTURERS SUBMITTED BY 1ST PETITIONER. Exhibit R8 j2 TRUE COPIES OF THE APPLICATIONS FOR THE POST OF GUEST LECTURERS SUBMITTED BY 2ND PETITIONER. Exhibit R8 j3 TRUE COPIES OF THE APPLICATIONS FOR THE POST OF GUEST LECTURERS SUBMITTED BY 3RD PETITIONER. Exhibit R8 j4 TRUE COPIES OF THE APPLICATIONS FOR THE POST OF GUEST LECTURERS SUBMITTED BY 4TH PETITIONER. Exhibit R8 j5 TRUE COPIES OF THE APPLICATIONS FOR THE POST OF GUEST LECTURERS SUBMITTED BY 5TH PETITIONER. Exhibit R8 j6 TRUE COPIES OF THE APPLICATIONS FOR THE POST OF GUEST LECTURERS SUBMITTED BY 6TH PETITIONER. Exhibit R8 j7 TRUE COPIES OF THE APPLICATIONS FOR THE POST OF GUEST LECTURERS SUBMITTED BY 5TH PETITIONER. Exhibit R8j8 TRUE COPIES OF THE APPLICATIONS FOR THE POST OF GUEST LECTURERS SUBMITTED BY 8TH PETITIONER. Exhibit R8 k THE TRUE COPIES OF THE CD CONTAINING THE VIDEO AND AUDIO OF THE PETITIONERS. Exhibit R8 I THE TRUE COPY OF THE LETTER ISSUED BY ADDL. CHIEF SECRETARY F2/1994/2021/HIGHER EDUCATION DATED 18/6/2021 TO SABHA Exhibit R8 M THE TRUE COPY OF THE LETTER RECEIVED FROM THE PRINCIPAL ADDRESSED TO THE CONTROLLER OF EXAMINATION DATED 03/11/2021 Exhibit R8 N THE TRUE COPY OF THE COMPLAINT BY R8 DATED 13/01/2022 SENT TO THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION (R2) Exhibit R8 O THE TRUE COPY OFFICIAL CIRCULAR DATED NO.2/2021 Exhibit R8 P THE TRUE COPY OF THE INTERIM ORDER DATED OF MUNSIFFS COURT, THIRUVALLA. Exhibit R8 Q THE TRUE COPY OF THE BUDGET FOR THE YEAR 2021-2022 OF THE SABHA Exhibit R8 R THE TRUE COPY OF THE FIR IN CRIME NO.101/2022 OF THRIKKODITHANAM POLICE STATION Exhibit R8 S THE TRUE COPY OF THE ANTICIPATORY BAIL

ORDER DATED 19/2/2022 GRANTED BY

PRINCIPAL DISTRICT AND SESSIONS COURT, KOTTAYAM IN CRL.MC. 255/2022 Exhibit R3(a) TRUE COPY OF THE CONSENT IN BOND PAPER series: Exhibit R5(A) TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(MS)NO.160/14/H.EDN DATED 11-04-2014. Exhibit R5(B) TRUE COPY OF THE CIRCULAR NO.3/2014 DATED 27-06-2014 ISSUED BY THE PRATHYAKSHA RAKSHA DAIVA SABHA. Exhibit R5(C) TRUE COPY OF THE ORDER BEARING U.O.NO.4292/A1/2016/ACAD DATED 03-08-2016 ISSUED BY THE MAHATMA GANDHI UNIVERSITY. Exhibit R5(D) TRUE COPY OF THE ORDER BEARING NO. 503/A1/2017/ACADEMIC DATED 28-01-2017 ISSUED BY THE MAHATMA GANDHI UNIVERSITY. Exhibit R5(E) TRUE COPY OF THE ORDER DATED 09-12-2021 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. Exhibit R5(F) TRUE COPY OF THE MEMO NO.220/04/83/2021 DATED 04-06-2021 ISSUED BY THE PRATHYAKSHA RAKSHA DAIVA SABHA. Exhibit R5(G) TRUE COPY OF THE PLAINT FILED BY THE 9TH RESPONDENT IN THE MUNSIFF COURT, THIRUVALLA DATED 18-06-2021 IN O.S. Exhibit R5(H) TRUE COPY OF THE I.A.NO.4 OF 2021 IN O.S.NO.157 OF 2021 ON THE FILES OF THE MUNSIFF COURT, THIRUVALLA DATED 06-07- 2021. Exhibit R5(I) TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT)NO. 1111/2019/H.EDN DATED 02-07- 2019. Exhibit R5(J) TRUE COPY OF THE COMMUNICATION DATED 22- 10-2018 ISSUED BY THE RESPONDENT NO. 8 TO THE 9TH RESPONDENT. Exhibit R5(a) TRUE COPY OF THE SUSPENSION MEMO DATED 4.6.2021 ISSUED TO THE 9TH RESPONDENT. Exhibit R5(b) TRUE COPY OF THE CMA10/2021 DATED 12.8.2021 FILED BEFORE THE SUB COURT, THIRUVALLA, THE 9TH RESPONDENT. Exhibit R5(c) A TRUE COPY OF THE FIR IN CRIME NO.101/2022 OF THRIKKODITHANAM POLICE. Exhibit R5(d) TRUE COPY OF FIR IN CRIME 1196/2020 OF THRIKODITHANAM POLICE STATION. Exhibit R5(e) TRUE COPY OF FIR IN CRIME NO.578/2021 Exhibit R5(f) TRUE COPY OF FIR IN CRIME NO.3202/2020 OF THIRUVALLA POLICE STATION Exhibit R5(g) TRUE COPY OF THE MINUTES OF THE MEETING OF THE HIGH COUNCIL HELD ON 12.6.2021 Exhibit R5(h) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 1ST PETITIONER Exhibit R5(i) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 2ND PETITIONER Exhibit R5(j) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 3RD PETITIONER Exhibit R5(k) TRUE COPY OF ORDER DATED 22.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 4TH PETITIONER Exhibit R5(l) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 5TH PETITIONER Exhibit R5(m) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 6TH PETITIONER Exhibit R5(n) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 7TH PETITIONER Exhibit R5(o) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 8TH PETITIONER Exhibit R5(p) TRUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 1ST PETITIONER Exhibit R5(q) TRUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 2ND PETITIONER Exhibit R5(r) TRUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 3RD PETITIONER Exhibit R5(s) TRUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 3RD PETITIONER Exhibit R5(t) TRUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 5TH PETITIONER Exhibit R5(u) TRUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 6TH PETITIONER Exhibit R5(v) TRUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 7TH PETITIONER Exhibit R5(w) TRUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 8TH PETITIONER Exhibit R5(x) A TRUE COPY OF JUDGMENT DATED 10.3.2021 IN WP(C) 1009/2021 Exhibit R5(y) A TRUE COPY OF THE GO(MS) DATED 24.6.2021 Exhibit R5(z) TRUE COPY OF THE COMMUNICATION DATED

12.11.2020 ISSUED BY THE 7TH PETITIONER IN HER CAPACITY AS PRINCIPAL IN CHARGE, TO A QUERY UNDER THE RTI ACT BY ONE K.K.PRASAD

Exhibit R5(aa) TRUE COPY OF TERMINATION LETTER DATED 7.7.2021 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER. Exhibit R5(ab) TRUE COPY OF TERMINATION LETTER DATED 7.7.2021 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER. Exhibit R5(ac) TRUE COPY OF TERMINATION LETTER DATED 7.7.2021 ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER. Exhibit R5(ad) TRUE COPY OF TERMINATION LETTER DATED 7.7.2021 ISSUED BY THE 5TH RESPONDENT TO THE 4TH PETITIONER. Exhibit R5(ae) TRUE COPY OF TERMINATION LETTER DATED 7.7.2021 ISSUED BY THE 5TH RESPONDENT TO THE 5TH PETITIONER. Exhibit R5(af) TRUE COPY OF TERMINATION LETTER DATED 7.7.2021 ISSUED BY THE 5TH RESPONDENT TO THE 6TH PETITIONER. Exhibit R5(ag) TRUE COPY OF TERMINATION LETTER DATED 7.7.2021 ISSUED BY THE 5TH RESPONDENT TO THE 7TH PETITIONER. Exhibit R5(ah) TRUE COPY OF TERMINATION LETTER DATED 7.7.2021 ISSUED BY THE 5TH RESPONDENT TO THE 8TH PETITIONER. APPENDIX OF WP(C) 14971/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BYE-LAW OF THE 4TH RESPONDENT TRUST. Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE CONSTITUTION OF THE PRAKTHYAKSHA RAKSHA DAIVA SABHA (PRDS). Exhibit P3 TRUE COPY OF THE DIRECT PAYMENT AGREEMENT DATED 23.7.2015 ALONG WITH COVERING LETTER DATED 19.08.2015 ISSUED BY THE GOVERNMENT. Exhibit P4 TRUE COPY OF THE LETTER NO. D1/126/17/H.ED DATED 14.06.2017 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE CONSOLIDATED STATEMENT OF WORKLOAD SUBMITTED ON 03.03.2017. Exhibit P6 TRUE COPY OF THE ORDER NO. ACBI/2/8005/2014 DATED 29.07.2017 ISSUED BY THE RESPONDENT UNIVERSITY. Exhibit P7 TRUE COPY OF THE NEWSPAPER NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 21.11.2017. Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 16.11.2018 IN W.P.(C) NO.11426/2018(C) PASSED BY THIS HON'BLE COURT. Exhibit P9 TRUE COPY OF THE CONSOLIDATED STATEMENT

OF WORKLOAD AND FIXATION OF STAFF STRENGTH PROPOSED BY THE ADALATH ON THE BASIS OF WORKLOAD ADALATH 2018 DATED NIL.

Exhibit P10 TRUE COPY OF THE COMMUNICATION NO.D4/11354/2019/DCE DATED 23.05.2019 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 26.02.2020 IN W.A.NO.302/2020 OF THIS HON'BLE COURT. Exhibit P12 TRUE COPY OF THE APPOINTMENT ORDER DATED 31.03.2018 OF THE 1ST PETITIONER. Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER DATED 31.03.2018 OF THE 2ND PETITIONER. Exhibit P14 TRUE COPY OF THE APPOINTMENT ORDER DATED 31.03.2018 OF THE 3RD PETITIONER. Exhibit P15 TRUE COPY OF THE APPOINTMENT ORDER DATED 31.03.2018 OF THE 4TH PETITIONER. Exhibit P16 TRUE COPY OF THE APPOINTMENT ORDER DATED 31.03.2018 OF THE 5TH PETITIONER. Exhibit P16(a) TRUE COPY OF THE APPOINTMENT ORDER DATED 09.06.2020 OF THE 6TH PETITIONER. Exhibit P17 TRUE COPY OF THE APPOINTMENT ORDER DATED 30.05.2019 OF THE 7TH PETITIONER. Exhibit P17(a) TRUE COPY OF THE APPOINTMENT ORDER DATED 31.03.2018 OF THE 8TH PETITIONER. Exhibit P18 TRUE COPY OF THE COMMON ORDER DATED 01.01.2021 IN I.A. NO.1/2020 O.S.NO.417/2020 BY THE HON'BLE THIRUVALLA. MUNSIFF COURT, THIRUVALLA. Exhibit P19 TRUE COPY OF THE NEWSPAPAPER NOTIFICATION PUBLISHED IN DESHABHIMANI DAILY ON 27.05.2021. Exhibit P20 TRUE COPY OF THE NOTICE DATED 23.06.2021 ISSUED BY THE 5TH RESPONDENT ALONG WITH ITS TYPED COPY. Exhibit P21 TRUE COPY OF THE COMMUNICATION DATED 12.07.2021 ISSUED BY THE 5TH RESPONDENT. Exhibit P22 TRUE COPY OF THE LETTER DATED 17.05.2021 ISSUED BY THE PRDS, PATHANAMTHITTA TO THE PRINCIPAL OF THE 5TH RESPONDENT. Exhibit P23 TRUE COPY OF THE ORDER DATED 26.7.2021 IN I.A. NO.4/2021 IN O.S.NO.157/2021 BEFORE THE MUNSIFF COURT, THIRUVALLA. Exhibit P24 TRUE COPY OF THE COMMUNICATION DATED 07.07.2021 ISSUED BY THE 5TH RESPONDENT TO THE 5TH PETITIONER. Exhibit P25 TRUE COPY OF THE EMAIL COMMUNICATION DATED 10.08.2021 SENT BY THE 1 PETITIONER TO 5TH RESPONDENT COLLEGE. Exhibit P25(a) TRUE COPY OF THE EMAIL COMMUNICATION DATED 13.08.2021 SENT BY THE 1* PETITIONER TO 5TH RESPONDENT COLLEGE. Exhibit P26 TRUE COPY OF THE COMMUNICATION DATED 09.12.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P27 TRUE COPY OF THE RELEVANT PORTION OF THE GOVERNMENT ORDER NO. 471/2020/HEDN DATED 30.12.2020. Exhibit P28 TRUE COPY OF THE INTERIM ORDER DATED 24.01.2022 IN W.P.(C) NO. 2392/22 PASSED BY THIS HON'BLE COURT. Exhibit P29 TRUE COPY OF THE INTERIM ORDER DATED 25.03.2022 IN W.P.(C) NO. 2392/22 PASSED BY THIS HON'BLE COURT. Exhibit P30 TRUE COPY OF THE JUDGMENT DATED 04.04.2022 IN W.A NO. 426/22 PASSED BY THIS HON'BLE COURT. Exhibit P31 TRUE COPY OF THE JUDGMENT DATED 04.04.2022 IN W.A.NO. 438/22 PASSED BY THIS HON"BLE COURT. Exhibit P32 TRUE COPY OF THE NEWSPAPER NOTIFICATION PUBLISHED IN MANGALAM DAILY DATED 21.04.2022. RESPONDENTS EXHIBITS Exhibit R8(a) TRUE COPY OF THE JUDGMENT IN WPC.NO.1009/2021 BY HONOURABLE HIGH COURT OF KERALA. Exhibit R8(b) THE COPY OF GOVT. ORDER NO.840/2021 DATED Exhibit R8(c1) TRUE COPY OF THE TERMINATION LETTER DATED Exhibit R8(c2) TRUE COPY OF THE TERMINATION LETTER DATED Exhibit R8(c3) TRUE COPY OF THE TERMINATION LETTER DATED Exhibit R8(c4) TRUE COPY OF THE TERMINATION LETTER DATED Exhibit R8(c5) TRUE COPY OF THE TERMINATION LETTER DATED Exhibit R8(c6) TRUE COPY OF THE TERMINATION LETTER DATED Exhibit R8(c7) TRUE COPY OF THE TERMINATION LETTER DATED Exhibit R8(c8) TRUE COPY OF THE TERMINATION LETTER DATED Exhibit R8(d) THE COPY OF THE EXTRACT OF MINUTES OF THE 4TH HIGH COUNCIL MEETING OF PRDS HELD ON Exhibit R8(e) THE COPY OF APPLICATION DATED THE AGREEMENT BY THEN GENERAL SECRETARY FOR SABHA. Exhibit R8(f) THE COPY OF THE FILE NOTES OF THE R1 WITH COVERING LETTER NO.B3 128/55 HEDN DATED Exhibit R8(g) THE COPY OF THE ORDER DATED 01/09/2021 IN I.A.1/2021 IN OS 145/2021 THIRUVALLA MUNSIFF'S COURT. Exhibit R8(h) THE COPY OF THE APPLICATION DATED THE R1 ACT. Exhibit R8(i) THE COPY OF THE REPLY DATED 25/03/2022 BY THE 6TH RESPONDENT TO R8. Exhibit R8(j) THE COPY OF THE LETTER HAVING NO.68/CTO(A)/2022 DATED 13/04/2022. Exhibit R5(a) TRUE COPY OF THE SUSPENSION MEMO DATED 4.6.2021 ISSUED TO THE 9TH RESPONDENT. Exhibit R5(b) TRUE COPY OF THE CMA 10/2021 DATED 12.8.2021 FILED BY BEFORE THE SUB COURT, THIRUVALLA, THE 9TH RESPONDENT. Exhibit R5(c) A TRUE COPY OF THE FIR IN CRIME NO.101/2022 OF THRIKKODITHANAM POLICE. Exhibit R5(d) A TRUE COPY OF FIR IN CRIME 1196/2020 OF THRIKODITHANAM POLICE STATION Exhibit R5(e) TRUE COPY OF FIR IN CRIME NO.0578/2021THIRUVALLA POLICE STATION DATED 12/3/2021 Exhibit R5(f) TRUE COPY OF FIR IN CRIME NO.3202/2020 OF THIRUVALLA POLICE STATION DATED Exhibit R5(g) TRUE COPY OF THE MINUTES OF THE MEETING OF THE HIGH COUNCIL HELD ON 12.6.2021 Exhibit R5(h) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 1ST PETITIONER. Exhibit R5(i) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 2ND PETITIONER Exhibit R5(j) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 4TH PETITIONER Exhibit R5(k) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 5TH PETITIONER Exhibit R5(l) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 6TH PETITIONER Exhibit R5(m) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 7TH PETITIONER Exhibit R5(n) TRUE COPY OF ORDER DATED 10.06.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 8TH PETITIONER Exhibit R5(o) TRUE COPY OF ORDER DATED 22.10.2020 ISSUED BY THE 9TH RESPONDENT IN RESPECT OF 3RD PETITIONER Exhibit R5(p) TRUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 1ST PETITIONER Exhibit R5(q) RUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 2ND PETITIONER Exhibit R5(r) RUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 3RD PETITIONER Exhibit R5(s) RUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 4TH PETITIONER Exhibit R5(t) RUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 5TH PETITIONER Exhibit R5(u) RUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 6TH PETITIONER Exhibit R5(v) RUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 7TH PETITIONER Exhibit R5(w) RUE COPY OF UNDERTAKING DATED 10.06.2020 ISSUED BY 8TH PETITIONER Exhibit R5(x) A TRUE COPY OF JUDGMENT DATED 10.3.2021 IN W.P.(C )1009/2021 Exhibit R5(y) A TRUE COPY OF GO(MS) DATED 24.06.2021 Exhibit R5(z) TRUE COPY OF THE COMMUNICATION DATED

12.11.2020 ISSUED BY THE 5TH PETITIONER IN HER CAPACITY AS PRINCIPAL IN CHARGE, TO A QUERY UNDER THE RTI ACT BY ONE K.K.PRASAD

Court	Kerala High Court
Decided On	Jul-13-2022
Case Number	WP(C)/2392/2022
Judge	Honourable Mr. Justice Devan Ramachandran
Appellant	Rajitha.V.K
Respondent	State of Kerala

Rajitha.V.K vs State of Kerala - Court Judgment