Abhilash Sreedharan and Syam Kumar v State of Kerala & Others (Consolidated WP(C).No.18921/2016 & 35309/2016)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 28TH DAY OF NOVEMBER 2019 / 7TH AGRAHAYANA, 1941** ## **WP(C).No.18921 OF 2016(M)** ## **PETITIONER/S:** ## **ABHILASH SREEDHARAN** **S/O. K.P. SREEDHARAN, AGED 42 YEARS, ASSISTANT LECTURER, STATE INSTITUTE OF HOSPITABILITY MANAGEMENT, DEPARTMENT OF TOURISM, GOVERMENT GUEST HOUSE COMPOUND, WEST-HILL, KOZHIKODE-673005, HAVING RESIDENTIAL ADDRESS AT 37/658E, MADHURIMA ESTEEM VILLAS, KARAPARAMBA, KOHIKODE-673010.** **BY ADV. SRI.A.P.SUBHASH** ## **RESPONDENT/S:** - **1 STATE INSTITUTE OF HOSPITALITY MANAGEMENT REPRESENTED BY ITS SECRETATY, GOVERNMENT GUEST HOUSE COMPOUND, WEST-HILL, KOZHIKODE-673005.** - **2 BOARD OF GOVERNORS REPRESENTED BY ITS CHAIRMAN STATE INSTITUTE OF HOSPITALITY MANAGEMENT, ROOM NO. 397, 1ST FLOOR, MAIN BLOCK, SECRETARIAT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.** - **3 DIRECTOR DEPARTMENT OF TOURISM AND SPECIAL OFFICER OF STATE INSTITUTE OF HOSPITALITY MANAGEMENT PARK VIEW, OPPOSITE TO MUSEUMS COMPOUND, THIRUVANANTHAPURAM, KERALA-695033, INDIA.** - **4 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.** - **5 THE PRINCIPAL STATE INSITUTE OF HOSPITALITY MANAGEMENT GOVERNMENT GUEST HOUSE COMPUND, WEST-HILL, KOZHIKODE-673005.** **R4 BY GOVERNMENT PLEADER SMT.MARY BEENA JOSEPH, SR.GOVERNMENT PLEADER** ## **WP(C).No.18921 & 35309 OF 2016(M)** **2** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.11.2019, ALONG WITH WP(C).35309/2016(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.18921 & 35309 OF 2016(M)** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **THURSDAY, THE 28TH DAY OF NOVEMBER 2019 / 7TH AGRAHAYANA, 1941 WP(C).No.35309 OF 2016** ## **PETITIONER/S:** **SYAM KUMAR AGED 33 YEARS S/O.A.SASIDHARAN PILLAI, ASSISTANT LECTURER, STATE INSTITUTE OF HOSPITABILITY MANAGEMENT, DEPARTMENT OF TOURISM, GOVERNMENT GUEST HOUSE, GUEST HOUSE COMPOUND, WEST-HILL, KOZHIKODE-673 005, HAVING RESIDENTIAL ADDRESS AT SRUTHY, THEKKEPULIKAL HOSUE, MUPPATHADAM P.O., ALUVA-683 110.** **BY ADV. SRI.A.P.SUBHASH** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GOVERNMENT GUEST HOUSE COMPOUND, WEST-HILL, KOZHIKODE-673 005. 2 BOARD OF GOVERNORS REPRESENTED BY ITS CHARIMAN, SATE INSTITUTE OF HOSPITABILITY MANAGEMENT, ROOM NO.397, 1ST FLOOR, MAIN BLOCK, SECRETATRIAT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 3 DIRECTOR DEPARTMENT OF TOURISM AND SPECIAL OFFICER OF INSTITUTE OF HOSPITABILITY MANAGEMENT, PARK VIEW, OPPOSITE TO MUSEUMS COMPOUND,THIRUVANANTHAPURAM-33. 4 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TOURISM, SECRETATRIAT, THIRUVANANTHAPURAM-695 001.** **WP(C).No.18921 & 35309 OF 2016(M)** **4** **5 THE PRINCIPAL SATE INSTITUTE OF HOSPITALITY MANAGEMENT,GOVERNMENT GUEST HOUSE COMPOUND, WEST-HILL, KOZHIKODE-673 005.** **BY SR.GOVERNMENT PLEADER SMT.MARY BEENA JOSEPH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.11.2019, ALONG WITH WP(C).18921/2016(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.18921 & 35309 OF 2016(M)** **5** ## **JUDGMENT** Petitioners were appointed on contract basis in the post of Assistant Lecturer on the basis of notification invited by the respondent institute in the year 2009 as well as 2010 respectively. However, they were terminated as per Ext.P22 order dated 23.1.2016 and Ext.P21 order dated 26.10.2016, on the basis that the contract period is over and the petitioners are not qualified to continue in the post. 2. The main case projected by learned Counsel for the petitioners is that, actually, petitioners have submitted their application to the post of Lecturer and Assistant Lecturer respectively and they were qualified to be appointed in the said post. However, petitioner in W.P.(C)No.18921/2016 namely Abilash Sridharan was appointed as Assistant Lecturer, whereas his application was submitted to the post of Lecturer. It is also pointed out that the qualification to the post of Lecturer and the **WP(C).No.18921 & 35309 OF 2016(M)** **6** Assistant Lecturer were entirely different and petitioner was never qualified to be appointed as an Assistant Lecturer. 3. From Ext.P22 order, in the writ petition filed by Sri.Abhilash Sridharan, what I could gather is that, Abhilash Sridharan requested for regularisation on service, however, it was rejected by the Governing Body due to lack of sufficient qualification and his contract period has already expired. In the said circumstances, Special Officer, State Institute of Hospitality Management and Director, Department of Tourism has decided to terminate the contract employment of the said petitioner as Assistant Lecturer at SIHM, Kozhikode with immediate effect and the Principal of the said institute was issued with necessary direction to discontinue the service of the said person. 4. However, learned Counsel for the petitioner has a case that so far as the other writ petitioner is concerned, namely, Shri.Shyam Kumar his regularisation was recommended by the Board of Governors evident from Ext.P24 minutes of the 8[th] Governing Body meeting of the State Institute of Hospitality Management, Kozhikode held on 19.2.2014. It is also the case of **WP(C).No.18921 & 35309 OF 2016(M)** **7** the petitioners that petitioners were allowed to continue in the service, on the basis of either appointments made during the years 2009 and 2010 by renewing the contract every year and the respondent did not have a case that they were not qualified to continue in the post. That apart, it is contended that petitioners have crossed the age so as to make any application for appointment to other establishments, taking into account their qualification and therefore, their livelihood is lost, if the petitioners are terminated. It is also pointed out that petitioners have legitimately expected that they are entitled to be regularised in view of the renewal of the contract by the respondents, time and again. 5. In that regard learned Counsel for the petitioner has invited my attention to the judgment of the Madras High Court in [ **M.Chandrasekaran vs. Secretary Heallth and Family Welfare Department reported in LAWS (MAD) 2013 7 131] in W.P.(C)No.1384 of 2010, M.P.No.1 of 2012** and invited my attention to Paragraph 20 of the said judgment, wherein the learned Single Judge has taken note of the judgment of the Apex **WP(C).No.18921 & 35309 OF 2016(M)** **8** Court, holding that, a person may have a legitimate expectation of being treated in a certain way, by an administrative authority, even though he has no legal right in private law to receive such treatment. The expectation may arise either from a representation or promise made by the authority, including an implied representation, or from consistent past practice. The doctrine of legitimate expectation has an important place in the developing law of judicial review. It is however, not necessary to explore the doctrine in this case, since it is enough merely to note that a legitimate expectation can provide a sufficient interest to enable one who cannot point to the existence of a substantive right to obtain the leave of the court to apply for judicial review. Other findings are rendered thereunder. So also, learned Counsel for the petitioner submitted that the Division Bench of this Court in [ **Nithesth v. Cochin Devaswom Board [2018 (3) KLT SN 71 (C.No.79)]** had occasion to consider the issue with respect to continuance and the entitlement for regularisation, wherein this Court has held that even though the appointments may have been done in the manner stipulated in law, they cannot be construed to be illegal-in contradistinction to **WP(C).No.18921 & 35309 OF 2016(M)** **9** the concept of 'irregular appointment' as is often postulated in service jurisprudence. It is further found that, the pleadings on record does not show that the Engineers are unqualified or unsuitable for being appointed as Assistant Engineers and even the orders appointing them would show that they faced a process of selection through an interview and that they were appointed only after assessing more than 37 others. It is also found there under that they were continuing in service for more than 12 years and no issues or concerns or complaints have been raised against them over their performance from any corner. Thereupon it was found that it would not be necessary to disturb their appointment at that point of time and to allow their continuance in service. So also, learned Counsel for the petitioner has invited my attention to the judgment rendered by the High Court of Andrapradesh in **State of Telangan V.M.R.Jyothi Lakshmi reported in LAWS (APH) 2017 8 45],** Paragraph 5 of the said judgment is relevant to the context, which read thus. “The fact that the respondent is being engaged as contract Junior Lecturer from 2005 itself shows that though there is need for a **WP(C).No.18921 & 35309 OF 2016(M)** **10** regular Lecturer, the post is not filled up. This Court cannot refrain from taking judicial notice of the recent trend with the State and its subordinate functionaries in engaging personnel on contract basis without filling up the regular vacancies. In effect, the State is slowly destroying the concept of public employment. If a contract employee is used as a substitute for a regular employee, the State must be made to be bound by the same public law limitations, which are imposed on it by the constitution and also the extant statutory enactments. Had the employment unceremoniously as has been done now. In our opinion, it is time that the Courts need to protect the interests of the contract/outsourcing employees working in regular vacancies also in the same way as the regular employees are protected by applying the principle underlying Article 311 of the Constitution of India, wherever terminations smack of illegality and arbitrariness.” 6. Therefore, according to the petitioner, petitioners are also entitled to be regularised, taking note of the Principles of law laid down by this Court, High Court of Madras as well as the High Court of Andra Pradesh. It is also submitted that similarly situated persons under the respondents were regularised and the petitioners are also entitled to get similar treatment. 7. On the otherhand learned Government Pleader submitted that, petitioners are not entitled to seek regularisation, since the very appointment of the petitioners is **WP(C).No.18921 & 35309 OF 2016(M)** **11** on the basis of a notification issued by the respondents that their appointment will be a contract one for a period of one year, and therefore, petitioners cannot raise claim of legitimate expectation or any other legal rights so as to secure regularisation. It is also pointed out that it is clearly stated in termination orders that, petitioners are not qualified to continue in the service. 8. I have evaluated the rival submissions made across the Bar and what has weighed with me is the contention put forth by the learned Counsel for the petitioner that, some of the similarly situated persons were regularised by the respondents and therefore, they are also entitled to get similar treatment or, at least for consideration of a representation received from the petitioners. So also, I am of the considered opinion that there are vital and important duties conferred on the Government as provided under part IV of the Constitution dealing with directive Principles and where the Government has a duty to secure a social order for promotion of welfare of the people. The state shall also strive to promote the welfare of the people by securing **WP(C).No.18921 & 35309 OF 2016(M)** **12** and protecting as effectively as it may a social order in which justice, social, economic and political shall inform all the institutions of the national life. Article 38 (2) stipulates that the State shall in particular, strive to minimise the inequalities in income, and endevour to eliminate inequalities in status, facilities and opportunities not only amongst individuals but also amongst group of people residing in different areas or engaged in different vocations. So also, as per Article 39 of the Constitution, certain Principles of policies have to be followed by the State and among the same, clause (b) states that ownership and control of the material resources of the community are so distributed as best to subserve the common good and also that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. So also a vital and important policy enumerated in Clause (e) is that the health and strength of workers, men and women and the tender age of the children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. So much so, Clause (a) thereto recognises that the citizens, men and women equally, **WP(C).No.18921 & 35309 OF 2016(M)** **13** have the right to an adequate means of livelihood. As I pointed out earlier, the petitioners consequent to the contract appointment made by the respondents, and the successive renewal of the same, have crossed the age for securing any employment or other avocations in any Government institutions or other public bodies. 9. Taking into account all these aspects, I am of the view, a representation is to be received from the petitioners and consider the same, taking into account the observations made above and attain a finality at the earliest possible time. In that view of the matter, liberty is left open to the petitioners to submit suitable representations before the Board of Governors of the State Institute of Hospitality Management, Thiruvananathpuram, within one month from the date of receipt of a copy of this judgment, and if such representations are received, it shall be considered in accordance with law, at the earliest possible time, and at any rate, within a month thereafter, after providing an opportunity of hearing to the petitioners and also bearing in mind the principles enshrined in Part – IV Constitution of India **WP(C).No.18921 & 35309 OF 2016(M)** **14** and the duty cast upon the Government accordingly, and also the observations made by this Court on account of the judgment rendered by the Division Bench of this Court as well as the High Court of Madras and High Court of Andrapradesh. 10. When these writ petitions were admitted to the files of this Court interim orders were passed and by virtue of the same, the petitioners are continuing in the service. Till such time a decision is taken as directed above, the interim order will continue to be in force. **sd/** **SHAJI P.CHALY JUDGE** **jm/** **WP(C).No.18921 & 35309 OF 2016(M)** **15** ## **APPENDIX OF WP(C) 18921/2016** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 THE PHOTOCOPY OF REGISTRATION CERTIFICATE OF STATE INSTITUTE OF HOSPITABILITY MANAGEMENT, KOZHIKODE.** **EXHIBIT P2 THE PHOTOCOPY OF THE PAPER PUBLICATION DATED 06.07.2009.** - **EXHIBIT P3 PHOTOCOPY OF INTERVIEW CALL MAIL PRINT SCHEDULING THE INTERVIEW ON 25.07.2009 FOR THE POST OF LECTURER.** - **EXHIBIT P4 THE PHOTOCOPY OF ELIGIBILITY CRITERIA PRESCRIBED FOR THE POST OF LECTURER CUM INSTRUCTOR AND ASSISTANT LECTURER CUM INSTRUCTOR AND ASSISTANT LECTURER CUM ASSISTANT INSTRUCTOR, AS PER G.O.** **EXHIBIT P5 THE PHOTOCOPY OF BACHELOR OF HOTEL MANAGEMENT (B.H.M) DEGREE, MANGALORE UNIVERSITY FROM SRINIVAS COLLEGE OF HOTEL MANAGEMENT, MANGALORE.** **EXHIBIT P5(A) THE COPY OF CERTIFICATE BY THE PRINCIPAL DATED 10.05.1999 FOR THE MERITORIOUS ACTIVITIES OF THE PETITIONER IN THE COLLEGE.** **EXHIBIT P6 THE CHART SHOWING 12 YEARS AND 3 MONTHS EXPERIENCE OF THE PETITIONER IN TEACHING AND OTHER WORK EXPERIENCE UP TO DATE. EXHIBIT P7 THE PHOTOCOPY OF ORDER HAVING NUMBER B48852/09 DATED 03.08.2008. EXHIBIT P8 THE PHOTOCOPY OF RELEVANT PAGES OF S.S.L.C BOOK OF THE PETITIONER. EXHIBIT P9 THE PHOTO COPY OF THE MINUTES OF GOVERNING BODY OF S.I.H.M. DATED 12.04.2010. EXHIBIT P10 THE PHOTOCOPY OF ORDER HAVING NUMBER GOMS 17/2010/TSM DATED 25.10.2010. EXHIBIT P11 THE COPY REPRESENTATION DATED 03.06.2011** **WP(C).No.18921 & 35309 OF 2016(M)** **16** **BEFORE THE 5TH RESPONDENT, PRINCIPAL.** **EXHIBIT P12 THE PHOTOCOPY OF REPRESENTATION DATED 12.12.2011 BEFORE THE 5TH RESPONDENT.** **EXHIBIT P13 THE PHOTOCOPY OF THE REPRESENTATION BEFORE 3RD RESPONDENT DATED 11.06.2014.** **EXHIBIT P14 THE PHOTOCOPY OF THE REPRESENTATION DATED 19.02.2015 BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P15 THE PHOTOCOPY OF THE 8TH GOVERNING BODY MEETING DATED 19.02.2014.** - **EXHIBIT P16 THE COPY OF ANNUAL PERFORMANCE APPRAISAL REPORT OF THE PETITIONER FOR THE YEAR 2011.2012.** - **EXHIBIT P16(A) THE COPY OF ANNUAL PERFORMANCE APPRAISAL REPORT OF THE PETITIONER FOR THE YEAR 20122013.** - **EXHIBIT P16(B) THE COPY OF ANNUAL PERFORMANCE APPRAISAL REPORT OF THE PETITIONER FOR THE YEAR 20132014.** - **EXHIBIT P17 THE COPY OF CERTIFICATE OF APPRECIATION DATED 18.04.2013 BY 5TH RESPONDENT FOR THE YEAR 2011-2012.** - **EXHIBIT P17(A) THE COPY OF CERTIFICATE OF APPRECIATION DATED 04.04.2014 BY 5TH RESPONDENT FOR THE YEAR 2012-2013.** - **EXHIBIT P18 INFORMATION OBTAINED AS PER R.T.I. REGARDING THE SUBJECTS HANDLED BY THE PETITIONER DURING THE YEARS 2009,2010 ABD 2011 AND THE PERCENTAGE OF TERM-END EXAMINATIONS RESULTS FRO THE SAID SUBJECTS.** - **EXHIBIT P19 THE COPY OF THE INVITATION LETTER ISSUED BY THE DIRECTOR SCERT DATED 08.06.2015, INVITING THE PETITIONER.** - **EXHIBIT P19(A) THE COPY OF THE DEPUTATION LETTER ISSUED BY THE 5TH RESPONDENT.** **EXHIBIT P19 (B) THE COPY OF LETTER OF APPRECIATION ISSUED BY DIRECTOR OF TOURISM DEVELOPMENT, UT OF** ## **WP(C).No.18921 & 35309 OF 2016(M)** **17** **LAKSHADWEEP DATED 20.02.2013.** **EXHIBIT P19 (C) THE COPY OF THE PARTICIPATION CERTIFICATE DATED 27.04.2013 ISSUED BY THE TOURISM OFFICER OF LAKSHADWEEP AND 5TH RESPONDENT.** **EXHIBIT P20 THE COPY OF THE CERTIFICATE OF HONOR AND APPRECIATION DATED 28.09.2012 ISSUED BY THE JOINT DIRECTOR OF TOURISM.** **EXHIBIT P20 (A) THE COPY OF THE CERTIFICATE OF HONOR AND APPRECIATION DATED 25.09.2013 ISSUED BY THE JOINT DIRECTOR OF TOURISM.** **EXHIBIT P20 (B) THE COPY OF THE CERTIFICATE ISSUED BY IHMTCA, C.I.T CAMPUS CHENNAI DATED 13.02.2015.** **EXHIBIT P21 THE COPY OF REPRESENTATION REGARDING SALARY HIKE TO THE 5TH RESPONDENT DATED 14.10.2015 ALONG WITH COVERING LETTER BY THE 5TH RESPONDENT DATED 29.10.2015.** **EXHIBIT P22 THE COPY OF THE TERMINATION ORDER DATED 23.01.2016.** **WP(C).No.18921 & 35309 OF 2016(M)** **18** ## **APPENDIX OF WP(C) 38272/2015** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION S.NO.359/2008 OF THE 1ST RESPONDENT SOCIETY.** **EXHIBIT P2 PHOTOCOPY OF THE NOTIFICATION NO.HB417995/2010 PUBLISHED IN HINDU DAILY DATED 09/12/2010.** - **EXHIBIT P3 PHOTOCOPY OF THE DEGREE CERTIFICATE DATED 05/09/1995 ALONGWITH MARK SHEET DATED 09/01/1992.** - **EXHIBIT P4 PHOTOCOPY OF THE MA SOCIOLOGY DEGREE CERTIFICATE DATED 12/08/2002.** - **EXHIBIT P5 PHOTOCOPY OF THE STATEMENT OF MARKS ISSUED BY THE MADURAJ KAMARAJ UNIVERSITY.** - **EXHIBIT P6 PHOTOCOPY OF THE LETTER NO.B4-17995/2010 DATED 18/01/2011 OF THE 3RD RESPONDENT.** - **EXHIBIT P7 PHOTOCOPY OF THE ORDER NO.HB4-17995/10 DATED 18/02/2011 OF THE 3RD RESPONDENT.** - **EXHIBIT P8 PHOTOCOPY OF THE ORDER NO.HB4-17995/10 DATED 20/04/2011 OF THE 3RD RESPONDENT.** - **EXHIBIT P9 PHOTOCOPY OF THE GO(MS) NO.17/10/TSM DATED 25/01/2010 OF THE 4TH RESPONDENT.** - **EXHIBIT P10 PHOTOCOPY OF THE RELEVANT PAGE OF MINUTES OF THE 5TH BOARD OF GOVERNORS MEETING OF THE 1ST RESPONDENT INSTITUTE HELD ON 01/03/2011.** - **EXHIBIT P11 PHOTOCOPY OF THE RELEVANT PAGE OF MINUTES OF THE 7TH MEETING OF THE BOARD OF GOVERNORS MEETING OF THE STATE INSTITUTE OF HOSPITALITY MANAGEMENT, KOZHIKODE HELD ON 31/10/2012 OF THE 2ND RESPONDENT.** - **EXHIBIT P12 PHOTOCOPY OF THE RELEVANT PAGE OF THE MINUTES OF THE 8TH GOVERNING BODY6 MEETING HELD ON 19/02/2014 OF THE 2ND RESPONDENT.** **WP(C).No.18921 & 35309 OF 2016(M)** **19** **EXHIBIT P13** **PHOTOCOPY OF THE GOVERNMENT LETTER NO.72211/B3/2014/TSM DATED 13/04/2015 OF THE 4TH RESPONDENT.** - **EXHIBIT P14 PHOTOCOPY OF THE RELEVANT PAGE OF MINUTES OF THE 3RD EXECUTIVE COMMITTEE MEETING HELD ON 16/10/2015 WITH COVERING LETTER NO.BH48654/2011 OF THE ADDL. DIRECTOR (H), FOR 3RD RESPONDENT.** - **EXHIBIT P15 PHOTOCOPY OF THE EMPLOYMENT NOTIFICATION APPEARED IN MATHRUBOOMI DAILY DATED 09/12/2015.** - **EXHIBIT P16 PHOTOCOPY OF THE EXTRACT OF STAFF REGULATIONS WITH SCHEDULE.** **EXHIBIT P17 PHOTOCOPY OF THE GO(MS) NO.64/2015/TSM DATED 20/02/2015 OF THE 4TH RESPONDENT.** - **EXHIBIT P18 PHOTOCOPY OF THE LETTER NO.453 DATED 26/06/2013 OF THE NATIONAL COUNCIL FOR HOTEL MANAGEMENT AND CATERING TECHNOLOGY ALONGWITH THE RELEVANT PAGE OF ANNEXURE I.** **EXHIBIT P19 PHOTOCOPY OF THE ORDER NO.HB4-4159/2017 DATED 27/03/2017 OF THE 3RD RESPONDENT.** - **EXHIBIT P20 PHOTOCOPY OF THE LETTER NO.72211/B3/14/TSM DATED 06/03/2017 OF THE 4TH RESPONDENT.** - **EXHIBIT P21 PHOTOCOPY OF THE LETTER NO.JDK/A1/740/2014 DATED 03/02/2017 SUBMITTED BEFORE THE BOARD OF GOVERNORS STATE INSTITUTE OF HOSPITALITY MANAGEMENT, KOZHIKODE.** - **EXHIBIT P22 PHOTOCOPY OF THE MINUTES OF THE 10TH BOARD OF GOVERNORS OF THE STATE INSTITUTE OF HOSPITALITY MANAGEMENT, KOZHIKODE HELD ON 20/09/2016.** - **EXHIBIT P23 TRUE COPY OF THE MINUTES OF THE 11TH BOARD OF GOVERNORS OF THE STATE INSTITUTE OF HOSPITALITY MANAGEMENT, KOZHIKODE HELD ON 08/02/2017.** - **EXHIBIT P24 PHOTOCOPY OF THE ANNUAL DAY REPORT 5TH APRIL, 2016 SUBMITTED TO THE DIRECTOR OF** ## **WP(C).No.18921 & 35309 OF 2016(M)** **20** **TOURISM THROUGH E-MAIL.** **EXHIBIT P25 PHOTOCOPY OF THE ANNUAL DAY REPORT 9TH APRIL, 2015 E-MAIL. EXHIBIT P26 PHOTOCOPY OF THE RESULTS OF CAMPOUS PLACEMENTS -SIHM KOZHIKODE E-MAIL DATED 10/12/2013.** **EXHIBIT P27 TRUE COPY OF THE CLASSES HAVE COMMENCED E- MAIL DATED 20/07/2016.** - **EXHIBIT P28 PHOTOCOPY OF THE CAMPUS INTERVIEWS RESULTS E-MAIL DATED 13/11/2015.** **EXHIBIT P29 PHOTOCOPY OF THE REPORT ON THE VISIT OF SRI. NAR SIGH, EXECUTIVE OFFICER, NCHMCT AND SRI. RJNISH THAPAD, HOD, IHM SHIMLA ON 8 MAY, 2013 AT SIHM KOZHIKODE E-MAIL DATED 09/05/2013. EXHIBIT P30 PHOTOCOPY OF THE LIST OF STUDENTS INSTITUTE OF HOTEL MANAGEMENT CATERING AND NUTRITION (STATE INSTITUTE OF HOTEL MANAGEMENT, KOZHIKODE) INCOURSE MARKS FOR SEMESTER-VI OF 3 YEAR B.SC IN HOSPITALITY AND HOTEL ADMINISTRATION FOR THE ACADEMIC SESSION 2014-2015 OF THE PRINCIPAL, SIHM, KOZHIKODE. EXHIBIT P31 PHOTOCOPY OF THE ANNEXURE I-TEACHING SCHEME AS PER SIHM TIME TABLE FOR SEMESTER II AND ANNEXURE I TEACHING SCHEME AS PER SIHM TIME TABLE FOR 3RD / 4TH SEMESTER AND ANNEXURE I-TEACHING SCHEME AS PER SIHM TIME TABLE FOR 6TH SEMESTER-LESSON PLAN IN THE INSTITUTE. EXHIBIT P32 PHOTOCOPY OF THE LIST OF GUEST FACULTY 2013-14. EXHIBIT P33 PHOTOCOPY OF THE CONSTITUTION OF ANTIRAGGING COMMITTEE MEMBERS WITH ANTI RAGGING MEASURES OF THE PRINCIPAL, STATE INSTITUTE OF HOSPITALITY MANAGEMENT, KOZHIKODE. EXHIBIT P34 PHOTOCOPY OF THE OFFICE ORDER FILE NO. 1(11)/2000-HRD (VOLV) DATED 24/08/2018 ALONGWITH THE REVISED RECRUITMENT RULES FOR** ## **WP(C).No.18921 & 35309 OF 2016(M)** **21** **THE POST OF PRINCIPAL UNDER THE CENTRAL INSTITUTES OF HOTEL MANAGEMENT OF THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA.** **WP(C).No.18921 & 35309 OF 2016(M)** **22** ## **APPENDIX OF WP(C) 35309/2016** ## **PETITIONER'S/S EXHIBITS:** **EXT.P1. TRUE PHOTOCOPY OF REGISTRATION CERTIFICATE OF STATE INSTITUTE OF HOSPITABILITY MANAGEMENT, KOZHIKODE. EXT.P2. TRUE PHOTOCOPY OF THE PAPER PUBLICATION DATED 4/7/2010. EXT.P3. TRUE PHOTOCOPY OF THE PAPER PUBLICATION DATED NIL EXT.P3(A). TRUE COPY OF THE BIOD DATE OF THE PETITIONER EXT.P4. TRUE COPY OF THE GOVEREMNT ORDER THE QUALIFICATION PRESCRIBED FOR THE POST OF ASSISTANT LECTURER CUM ASSISTANT INSTRUCTOR DATED 25/1/2010. EXT.P5. TRUE COPY OF THE GENERAL CONDITIONS OF SERVICE AND ELIGIBILITY CRITERIA THE STAFF AND ASSISTANT LECTURE CUM ASSISTANT INSTRUCTOR APPROVED BY THE GOVERNMENT IN G.O.(MS) NO.64/2015/PSM DATED 20/2/2015. EXT.P6. TRUE PHOTOCOPY OF THE DEGREE CERTIFICATE OF PETITIONER EXT.P6(A). TRUE PHOTOCOPY OF THE DIPLOMA CERTIFICATE OF PETITIONER EXT.P6(B) TRUE PHOTOCOPY OF THE EXPERIENCE CERTIFICATE EXT.P(6C) TRUE PHOTOCOPY OF THE EXPERIENCE CERTIFICATE EXT.P6(D) TRUE PHOTOCOPY OF THE MBA CERTIFICATE EXT.P7 COPY OF APPOINTMENT LETTER HAVING ORDER NO.HB421047/10 DATED 1/2/2011. EXT.P8(B) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER** **WP(C).No.18921 & 35309 OF 2016(M)** **23** |**EXT.P8(A).**|**TRUE COPY OF THE REPORT OF THE 5TH**| |---|---| ||**RESPONDENT DATED 12/12/2011.**| |**EXT.P9.**|**TRUE PHOTOCOPY OF THE MINUTES OF GOVERING**| ||**BODY DATED 12/4/2010.**| |**EXT.P10(A).**|**THE COPY OF ANNUAL PEROFORMANCE APPRAISAL**| ||**REPORT OF THE PETITIONER DATED 16/7/2012**| ||**FOR THE YEAR 2011-12.**| |**EXT.P10(A).**|**THE COPY OF ANNUAL PEROFORMANCE APPRAISAL**| ||**REPORT OF THE PETITIONER DATED 12/7/2013**| ||**FOR THE YEAR 2012-13.**| |**EXT.P10(B).**|**THE COPY OF ANNUAL PEROFORMANCE APPRAISAL**| ||**REPORT OF THE PETITIONER DATED 2/7/2013 FOR**| ||**THE YEAR 2013-14**| |**EXT.P10(B).**|**THE COPY OF ANNUAL PEROFORMANCE APPRAISAL**| ||**REPORT OF THE PETITIONER FOR THE YEAR 2014-**| ||**15**| |**EXT.P(D).**|**THE COPY OF ANNUAL PEROFORMANCE APPRAISAL**| ||**REPORT OF THE PETITIONER FOR THE YEAR 2015-**| ||**16**| |**EXT.P11(A).**|**THE COPY OF REPREESNTATION DATED 1/3/2012**| ||**BY THE PETITIONER**| |**EXT.P12.**|**THE PHOTOCOPY OF REPREESNTATION TO MINISTER**| ||**OF TOURISM CHAIRMAN DATED 16.1.2013.**| |**EXT.P13**|**THE COPY OF RECOMMENATION BY THE 5TH**| ||**RESONDENT TO THE 3RD RESONDENT DATED**| ||**23/3/2014.**| |**EXT.P14(A)**|**THE COPY OF LETTER DATED 26/6/2013 BY**| ||**NCHMCT.**| |**EXT.P14(A).**|**THE COPY OF RECRUITMENT TULE TO THE POST OF**| ||**ASSISTANT LECTURER ISSUED BY NCHMCT.**| |**EXT.P15.**|**THE COPY OF RECOMMENATION LETTER DATED**| ||**15/7/2015 ISSUED BY THE 5TH RESONDENT TO**| ||**THE 3RD RESONDENT .**| |**EXT.P16.**|**THE COPY OF INDIA GAZETTE DATED 25/7/2016**| ||**REGARDING EDUCATIONAL QUALIFICATION**| ||**APPLICABLE FO RECRUITMENTS.**| **24** ## **WP(C).No.18921 & 35309 OF 2016(M)** |**EXT.P17(A)**|**THE COPY OF LETTER DATED 26/2/2016 ISSUED**| |---|---| ||**BY THE 4TH RESPODENT TO THE 3RD RESPONDENT**| |**EXT.P17(B)**|**THE COPY OF LETTER DATED 11/5/2016 ISSUED**| ||**BY THE 3RD RESPODENT TO THE 4TH RESPONDENT**| |**EXT.P18.**|**THE COPY OF CERTIFICATE ISSUED BY THE 5TH**| ||**RESPONDENT DATED 1/8/2013 IN FAVOUR OF THE**| ||**PETITIONER**| |**EXT.P18.**|**THE COPY OF RECOGNITION OF TAMIL NADU OPEN**| ||**UNIVERSITY BY UGC DATED NIL.**| |**EXT.P19(A)**|**TRUE PHOTOCOPY OF THE ELIGIBLITY**| ||**CERTIFICATE DATED 8/6/2016 BY TH RGISTRAR**| ||**OF TAMIL NADU OPEN UNIVERSITY BY UGC DATED**| ||**NIL.**| |**EXT.P19(B).**|**THE COPY OF LETTER ISSUED BY THE DIRECTOR**| ||**OF ANNA UNIVERSITY CHENNAI DATED 29/8/2008.**| |**EXT.P20.**|**THE COPY OF TERMINATION LETTER ISSED BY THE**| ||**3RD RESPODNENT TO THE 5TH RESPONDENT IN**| ||**RESPECT OF PETITIONER HEREIN.**| |**EXT.P21.**|**THE COPY OF THE MINUTES OF THE BOARD OF**| ||**GOVERNORS OF 1ST RESPONDENT HELD ON**| ||**1/3/2011.**| |**EXT.P22.**|**THE PHOTOCOPY OF REPREESNTATION DATED**| ||**4/4/2015 ON BEHALF OF THE PETITIOENR TO**| ||**MINISTER OF TOURISM , GOVERNMENT OF KERALA.**| |**EXT.P23.**|**THE COPY OF THE REPLY DATED 13/11/2015**| ||**ISSUED BY THE PUBLIC INFORMATION OFFICER OF**| ||**IHM CHENNAI, DATED 13/11/2015 RIGHT TO**| ||**INFORMATION ACT.**| |**EXT.P23(A).**|**THE COPY OF THE APPLICATION DATED**| ||**14/10/2015 TO THE INFORMATION OFFICER, IHM,**| ||**CHENNAI SUBMITTED BY THE PETITIONER**|