Nasiya N v. State of Kerala and Others; Mehar Al Minnath (Dr.) v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942** ## **WP(C).No.146 OF 2020(P)** ## **PETITIONER/S:** **NASIYA N ASSISTANT PROFESSOR, MUSLIM EDUCATION SOCIETY MAMPAD COLLEGE, MAMPAD COLLEGE.P.O., MALAPPURAM-676542.(AGED 30, W/O. NAMEER.P, NECHIKKAT HOUSE, CHERUVADI.P.O., MAVOOR (VIA), KOZHIKODE).** **BY ADVS. SRI.K.S.MADHUSOODANAN SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SRI.K.S.MIZVER SRI.M.J.KIRANKUMAR** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695033.** - **3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE-673001.** - **4 UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM-673635, REPRESENTED BY REGISTRAR.** - **5 CORPORATE MANAGER,** **MUSLIM EDUCATION SOCIETY AIDED COLLEGE, IMA HALL ROAD, NADAKKAVU, KOZHIKODE-673011.** - **6 SMT.JASEELA.M.A., ASSISTANT PROFESSOR, MES KEVEEYAM COLLEGE, VALANCHERY.P.O., MALAPPURAM-676552.** **WP(C).No.146 OF 2020(P)** **2** **7 SMT.MEHAR AL MINNATH, ASSISTANT PROFESSOR, MES MAMPAD COLEGE, MEMPAD COLLEGE.P.O., MALAPPURAM-676542.** **R1-3 BY GOVERNMENT PLEADER R4 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY R5 BY ADV. SRI.BABU KARUKAPADATH R5 BY ADV. SMT.M.A.VAHEEDA BABU R5 BY ADV. SRI.AVINASH P RAVEENDRAN R5 BY ADV. SMT.ARYA RAGHUNATH R7 BY ADV. SRI.K.M.FIROZ R7 BY ADV. SMT.M.SHAJNA** ## **OTHER PRESENT:** ## **GP SRI B HARISH KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.02.2021, ALONG WITH WP(C).19024/2020(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.146 OF 2020(P)** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942** ## **WP(C).No.19024 OF 2020(C)** ## **PETITIONER/S:** **MEHAR AL MINNATH (DR.) AGED 42 YEARS W/O SIRAJ KASIM, JYOTHIRGAMAYA, MELIKANIKKATTIL, FAROOK COLLEGE POST, KOZHIKODE-673 632.** **BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA SRI.E.C.AHAMED FAZIL SRI.P.C.MUHAMMED NOUSHIQ** ## **RESPONDENT/S:** - **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-679 001.** - **2 DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.** - **3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE, MANANCHIRA POST, KOZHIKODE-673 001.** - **4 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY POST, THENIPALAM, MALAPPURAM-673 635.** - **5 THE PRINCIPAL, M.E.S MAMPAD COLLEGE, P.O.MAMPAD COLLEGE, MALAPPURAM DISTRICT-676 542.** - **6 CORPORATE MANAGER, MUSLIM EDUCATIONAL SOCIETY AIDED COLLEGE, IMA HALL ROAD, NADAKAVU, KOZHIKODE-673 011.** **WP(C).No.146 OF 2020(P)** **4** **7 ADDL.R7.NASIYA.N. AGED 30 YEARS ASSISTANT PROFESSOR, MUSLIM EDUCATION SOCIETY MAMPAD COLLEGE, MAMPAD COLLEGE P.O, MALAPPURAM-676 542, W/O.NAMEER P, NECHIKKAT HOUSE, CHERUVADI P.O, MAVOOR (VIA), KOZHIKODE IS IMPLEADED AS PER ORDER DATED 22-10-2020 IN IA 1/2020 IN WP(C)19024/2020.** **R1 BY GOVERNMENT PLEADER SRI. B.HARISH KUMAR R4 BY SRI.P.C.SASIDHARAN, SC, MAHATMA GANDHI UNIVERSITY R5-6 BY SRI.BABU KARUKAPADATH, CGC R7 BY ADV. SRI.K.S.MADHUSOODANAN R7 BY ADV. SRI.M.M.VINOD KUMAR R7 BY ADV. SRI.P.K.RAKESH KUMAR R7 BY ADV. SRI.K.S.MIZVER R7 BY ADV. SRI.M.J.KIRANKUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.02.2021, ALONG WITH WP(C).146/2020(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.146 OF 2020(P)** **5** ## **JUDGMENT** ## **Dated this the 1[st] day of February 2021** This order of mine shall dispose of two writ petitions, W.P. (C) No.146 of 2020, Naziya N. v. State of Kerala and Others (herein after referred to as 'first petition') and W.P.(C) No.19024 of 2020, Mehar Ali Minha (Dr.) v. State of Kerala and Others (herein after referred to as 'second petition'), whereby identical questions have been raised. 2. The facts are being taken from W.P.(C)No.146 of 2020. In the first petition, the petitioner has laid challenge to Exts.P12 and P13, whereby her appointment has been revised and treated with effect from 2017 instead of July 2015, whereas in the second petition the petitioner seeks directions to the respondents 1 to 4 therein to pay the salary along with the interest. 3. As per the facts in the first petition, it is averred that the Corporate Manager, Muslim Education Society Aided College invited application dated 25.6.2014 for filling up various posts including seven (7) vacancies in Chemistry. In pursuant to **WP(C).No.146 OF 2020(P)** **6** the submission of the application, interview was held on 2.3.2015. Rank list was published whereby the petitioner in first petition obtained 7[th] rank whereas the petitioner in the second petition 9[th] rank. Candidates from Rank Nos.1 to 5 were appointed as Assistant Professor in Chemistry as per the appointment orders dated 23.1.2016, whereas, the 6[th] respondent ie., 5[th] rank holder joined duty on 13.3.2015 at MES Keveeyam, Valanchery despite non availability of any work load. Candidate at Rank No.6 did not accept the offer of appointment. One Manjula Raman, Associate Professor in Chemistry, retired on 31.5.2015 from the same college. Accordingly the petitioner was given appointment on 10.7.2015. The management of the college, 5[th] respondent forwarded the proposal to University of Calicut, Respondent No.4, for treating his appointment with effect from 10.7.2015. 4. Learned counsel appearing on behalf of the petitioner Sri.K.S Madhusoodanan submits that 4[th] respondent/University informed the management that the workload in the college was only 135 hours and therefore only 8 teachers and Principal would be accommodated and appointment of the petitioner cannot be considered for want of vacancy, sought issuance of **WP(C).No.146 OF 2020(P)** **7** corrected/revised order enabling University to process the approval of the appointment of the rank holders 5 to 11, though 8[th] and 10[th] rank holders refused appointment. Management issued revised appointment orders of the petitioner and the 6[th] respondent, vide order dated 30.5.2017. As per the order, 6[th] respondent was ordered to be appointed on retirement vacancy of Smt.Manjula Raman with effect from 2.6.2015 in place of the petitioner and the petitioner got revised appointment order at MES Mampad College with effect from 10.7.2015 on account of transfer vacancy of Dr. Shaji to MES Asmabi college on 2.7.2013. Petitioner on 22.6.17 was relieved from MES Keveeyam, Valanchery on transfer to MES Mampad. On 23.6.2017, the petitioner joined duty at MES Mampad. University of Calicut, 4[th] respondent approved the appointment of 6[th] respondent, vide order dated 15.12.17, with effect from 2.6.2015. But the appointment of the petitioner vide order dated 23.11.18 was made effective with effect from 23.6.2017, Ext.P12 in first petition. Despite the fact that the allotment of workload among the teaching staff for the session 2014-15 in Chemistry was 141 hours with 10 teachers including Principal. It was next contended that not only this, the 7[th] respondent/9[th] **WP(C).No.146 OF 2020(P)** **8** rank holder also got an approval of appointment from University of Calicut with effect from 15.7.2015 as evidenced from Ext.P13 in the same college where the petitioner was transferred ie., MES Mampad. The matter was referred to an Adalath held by the University of Calicut in the presence of 11 persons including Minister, Vice Chancellor, Pro Vice Chancellor, Registrar etc., and it was found that her appointment should have been treated from 10.7.2015 instead of 2017. It is in that background, Management vide communication dated 19.9.2019, Ext.P16 in the first petition informed the Registrar to approve the appointment with effect from 10.7.2015. 5. The Deputy Registrar informed the Management that the request of the petitioner would be considered only after obtaining concurrence for the appointment during the period from 10.7.2015 to 22.6.2017. It is in that background the petitioner has approached this Court. 6. The case of discrimination has been meted out to the petitioner viz-a-viz 7[th] respondent, who is junior to the petitioner as per the rank list despite that her appointment has been treated with effect from 15.7.2015 whereas the petitioner is granted approval only with effect from 23.6.2017. The 5[th] **WP(C).No.146 OF 2020(P)** **9** respondent committed a folly by appointing the petitioner in the retirement vacancy of Sri.Manjula Raman with effect from 10.7.2015, instead of 5[th] respondent as two vacancy had occurred; one on account of transfer of Dr.K.Shaji and another, retirement of K.K Bharathan. 7. The petitioner for the last four and half years have been runningn from pillar to post for getting her due salary. Similar is the grievance of the petitioner in the second petition despite appointment with effect from July 2015, no salary has been paid. 8. On the contrary, 2[nd] respondent opposed the aforementioned prayer and came out with a stand that the working hours were only 117 (one hundred and seventeen) and remaining workload is only 7 (seven) hours for which no permanent post is permissible. The minimum workload for which a permanent post can be sanctioned was 9 hours as per the order dated 12.3.2012. Even the appointment of 5[th] rank holder namely Smt. Jaseela M.A in MES Keveeyam College, Valanchery has not been approved either by the University or Government much less the appointment of the petitioner in MES Keveeyam College, Valanchery was also not admissible. The **WP(C).No.146 OF 2020(P)** **10** Deputy Director of Collegiate objected the appointment of the 6[th] respondent. Vide communication dated 26.2.2020 Ext.R3(a) informed the University to review the approval of 6[th] respondent and similarly in the matter of petitioner also, a communication was sent on 17.3.2020, Ext.R3(b) highlighting that the appointment in the college with effect from 10.7.2015 was against the non existing workload. Even the rank list had also expired with effect from 1.3.2016 and therefore the revised approval with effect from 1.6.2017 would not be justified. The appointment of 7[th] respondent, who is the 9[th] rank holder is also in an irregular procedure against the non existing Rank List. Allotment of a particular college and posts for the selected candidates is a responsibility of the Manager concerned. The Manager has not followed any rules, regulations and procedure. 9. Learned counsel for the petitioner refuted the aforementioned contentions by relying upon Ext.P18 in the first petition that the Syndicate of 4[th] respondent on 22.10.2016, clarified that the college had workload of 135 hours for which 8 teachers + Principal can be accommodated. It was also refuted that the validity of the rank list did not expire in view of Clause 10 (5) of Chapter II of Calicut University statute 1979 in as **WP(C).No.146 OF 2020(P)** **11** much as that fresh rank list was published only on 24.12.2017 Ext.P19 in the first petition. Regarding contention that the 6[th] respondent is not drawing salary is wholly incorrect by relying upon Ext.P20. Even the Deputy Director, 3[rd] respondent directed the Treasury Officer to counter sign bill vide letter dated 13.3.2019, Ext.P21 nor there is any objection to the appointment of 6[th] rank holder. Moreover, the 3[rd] respondent has not raised any objection before the 4[th] respondent against the approval of 7[th] respondent, who is junior to the petitioner. 10. Counsel representing the 5[th] respondent submitted that on the date of notification, 10 posts were available in the department of Chemistry at MES Keveeyam College and only 7 teachers were working in the department of Chemistry. The 1[st] rank holder in the select list was appointed as 8[th] teacher whereas the 5[th] rank holder was the 9[th] teacher and the petitioner 7[th] rank holder was appointed as 10[th] teacher in the retirement vacancy, which arose in the college on 1.6.2015 and submitted her joining report on 10.7.2015. But when the proposal for the approval of appointment as the 10[th] teacher was submitted to the University, the grievance of insufficiency was cited in MES Keveeyam college and simultaneously the sanction **WP(C).No.146 OF 2020(P)** **12** for approving the appointment of 8[th] teacher/1[st] rank holder was granted. In fact from the order dated 4.11.2016 issued by the University of Calicut, it is discerned that the admissible workload of the Dept. of Chemistry in MES Keveeyam college 2015-16 was 135 hours for which 8 teachers + Principal can only be accommodated. 11. I have heard the learned counsel for the parties and appraised the paper book. The only point which has been raised vide Ext.P17 in the first petition is that the appointment of the petitioner against the vacancy on retirement in MES Mampad college was on an account of lack of workload. The said contention is not acceptable for the reason that once a person already working in the other college had retired, it is deeming fiction that it was a sanctioned post depending upon the workload. Even the respondent No.2 had not been fair to this Court in disclosing the number of posts as noticed from the reply of the 5[th] respondent that they were only 7 teachers working in the Keveeyam College against the 10 sanctioned posts. The appointment of the petitioner on 10.7.2015 was as a 10[th] teacher and also failed to give the correct picture of the working hours, which is evident from Ext.P18 in the first petition reiterated in ## **WP(C).No.146 OF 2020(P)** **13** the reply of the 5[th] respondent. Ext.P11 also reveals that the working hours for the year 2014-15 were 141 hours. The aforementioned document has not been denied in any of the counter affidavit either of the 5[th] respondent, 4[th] respondent or of the 2[nd] respondent. For the sake of brevity, Proforma II of Ext.P11 is extracted herein below: ## **PROFORMA II** ## **STATEMENT SHOWING THE ALLOTMENT OF WORK LOAD AMONG THE TEACHING STAFF FOR THE YEAR** ## **2014-15** ## **Keveeyam College valanchery Name of Department:Chemistry** |Name of teacher|Designatio<br>n|Lecture Work|Lecture Work|Lecture Work|Lecture Work|Supervision/practical|Supervision/practical|Supervision/practical|Supervision/practical|Total<br>hours| |---|---|---|---|---|---|---|---|---|---|---| |||BA|B.S<br>c|B.co<br>m|M.Sc|B.A|B.Sc|B.com|M.Sc|| |1.Lt.Dr.Muhamme<br>d Ali.P|Principal||3|||||||3| |2.P.A Raziyabi|Asso.Prof||5||6||4||1|16| |3.K.M Rukkiya|''||2||6||4||4|16| |4.Preethy Alex|''||5||6||5|||16| |5. Rajesh C|Assi.Prof||4||6||2||4|16| |6. Jisha v.s|''||3||3||8||2|16| |7.Minshiya P|''||4||6||4||2|16| |8. Saifunneesa.<br>T.K|''||2||3||9||2|16| |9. Jaseela. M.A|''||6||||2||2|16| |10. Nasiya.N|''||4||3||4||5|16| |Total|||38||||39||22|141| **WP(C).No.146 OF 2020(P)** **14** 12. During the pendency of the writ petition certain documents Exts.P22, P23 and P24 in the first petition have also been placed on record showing that one Smt.P.A Raziabi, Associate Professor was relieved on account of retirement on 30.4.2016. It is strange that the College and Management had not been also fair to this Court in disclosing about the vacancies and had kept the University in dark regarding the occurrence of vacancies commensurate with the workload. Ext.P23 is the statement showing the allotment of workload among the teaching staff of MES Keveeyam College, Valanchery for the year 2016-17. The petitioner at serial No.9 was allocated 16 hours and Sl. No.10 (sanctioned post) is vacant. The same reads thus: ## **PROFORMA II** **STATEMENT SHOWING THE ALLOTMENT OF WORK LOAD AMONG THE TEACHING STAFF FOR THE YEAR 2016-17** **MES Keveeyam College valanchery Name of Department:Chemistry** Name of teacher Designati Lecture Hours Practical Hours on **WP(C).No.146 OF 2020(P)** **15** |||BA|B.Sc|B.<br>com|M.<br>Sc|B.A|B.Sc|B.co<br>m|M.Sc|Total<br>Hours| |---|---|---|---|---|---|---|---|---|---|---| |1.Lt.Dr.Muhammed<br>Ali.P|Principal||5|||||||| |2.K.M Rukkiya|Asso.Prof||4||6||4||2|5| |3.Preethy Alex|''||3||6||4||3|16| |4. Rajesh C|''||4||6||4||2|16| |5.Jisha v.s|Assi.Prof||4||6||2||4|16| |6.Minshiya P|''||3||3||8||2|16| |7.Saifunneesa. T.K|''||4||6||4||2|16| |8. Jaseela. M.A|''||2||6||9||2|16| |9. Nasiya.N|''||4||3||4||5|16| |10. vacant|''||2|||||||2| |Total||||||||||135| It is settled law that when the parties make submit to the jurisdiction of writ court they are expected to give a true and fair picture but not distorted. Any such attempt of unfair nature must be dealt with heavy hand. Otherwise, the order of this Court would go unattended and unrespected. In such circumstances, people may resort to take the law in their own hands. Non compliance of the orders of the court have to be dealt with firmly and diligently. I refrain from passing any adverse orders against the officers for unnecessarily issuing a revised order of appointment for the reason that the PROFORMA, Ext.P23 renders objection of Respondent No.2 otiose. As an upshot of my findings, the writ petitions are allowed. **WP(C).No.146 OF 2020(P)** **16** Exts.P12 and 13 in the first petition are quashed. Respondents are directed to pay the salary of the petitioner by treating her appointment with effect from July 2015 and also the petitioner in the second petition. Let this exercise be taken within a period of one month from the date of receipt of a copy of this judgment **Sd/-** **AMIT RAWAL** sab **JUDGE** **WP(C).No.146 OF 2020(P)** **17** ## **APPENDIX OF WP(C) 146/2020** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 PHOTOCOPY OF THE RELEVANT PAGE OF MINUTES OF SELECTION COMMITTEE DATED 2.3.15.** - **EXHIBIT P2 PHOTOCOPY OF THE RELEVANT EXTRACT OF THE APPOINTMENT ORDER BEARING NO.MES/AC/E.938/2014 DATED 23.1.2016.** - **EXHIBIT P3 PHOTOCOPY OF THE APPOINTING ORDER ISSUED TO PETITIONER BEARING NO.MES/AC/E.938/2014 DATED 9.7.15.** - **EXHIBIT P4 PHOTOCOPY OF THE FORWARDING LETTER BEARING NO.G1/2015 FOR APPROVAL OF THE PETITIONER DATED 6.8.15.** - **EXHIBIT P5 PHOTOCOPY OF THE REVISED APPOINTMENT ORDER DATED 30.5.17 BEARING NO.MES/AC/E 938/14 ISSUED BY 5TH RESPONDENT.** - **EXHIBIT P6 PHOTOCOPY OF THE REVISED APPOINTMENT ORDER BEARING NO.MES/AC/E.938-A/2014 ISSUED BY 5TH RESPONDENT TO THE 6TH RESPONDENT DATED 1.6.17.** - **EXHIBIT P7 PHOTOCOPY OF THE APPOINTMENT (REVISED) ORDER BEARING NO.MES/AC/E.938-B/2014 ISSUED BY 5TH RESPONDENT TO THE PETITIONER DATED 1.6.17.** - **EXHIBIT P8 PHOTOCOPY OF THE RELIEVING ORDER BEARING NO.G1/2017 DATED 22.6.17 OF THE PETITIONER.** - **EXHIBIT P9 PHOTOCOPY OF THE JOINING LETTER DATED 23.6.2017 BEARING NO.MES/G1/JR/TS/2017.** - **EXHIBIT P10 PHOTOCOPY OF THE APPROVAL ORDER OF 6TH RESPONDENT BEARING U.O.NO.15518/2017/ADMN DATED 15.12.2017 ISSUED BY 4TH RESPONDENT.** **EXHIBIT P11 PHOTOCOPY OF THE STATEMENT OF WORKLOAD FOR THE YEAR 2013-14 AND 2014-15 IN CHEMISTRY DEPARTMENT.** **EXHIBIT P12 PHOTOCOPY OF THE APPROVAL ORDER TO PETITIONER BEARING U.O.NO.13739/2018/ADMN DATED 23.11.2018 ISSUED BY 4TH RESPONDENT.** **WP(C).No.146 OF 2020(P)** **18** **EXHIBIT P13 PHOTOCOPY OF THE APPROVAL ORDER TO 7TH RESPONDENT BEARING U.O.NO.2359/2019/ADMN DATED 14.2.2019 ISSUED BY 4TH RESPONDENT.** **EXHIBIT P14 PHOTOCOPY OF THE RELEVANT PAGE OF MINUTES OF ADALATH HELD ON 2.3.2019.** **EXHIBIT P15 PHOTOCOPY OF THE LETTER OF 4TH RESPONDENT TO 5TH RESPONDENT BEARING NO.158745/GA-IIA3/2015/ADMN DATED 4.5.2019.** **EXHIBIT P16 PHOTOCOPY OF THE LETTER OF 5TH RESPONDENT TO THE 4TH RESPONDENT BEARING NO.MES/AC/E1509/19 DATED 19.9.2019.** **EXHIBIT P17 PHOTOCOPY OF THE LETTER OF 4TH RESPONDENT TO 5TH RESPONDENT BEARING NO.158745/GA-IIA3/2015/ADMN. DATED 25.10.2019. EXHIBIT P18 PHOTOCOPY OF THE LETTER OF 4TH RESPONDENT TO THE PRINCIPAL, MES KEVEEYAM COLLEGE, VALANCHERY BEARING NO.1440505GA2-A3/2015 ADMIN DATED 4-11-16. EXHIBIT P19 PHOTOCOPY RANK LIST DATED 2-3-2015 CAME INTO FORCE ON 24-12-2017 PREPARED BY SELECT COMMITTEE OF 5TH RESPONDENT. EXHIBIT P20 PHTOCOPY OF THE LETTER OF 3RD RESPONDENT DATED 24-11-2018 BEARING NO B6-7290/2018 ADDRESSED TO THE TREASURY OFFICER, MANNARKKAD COUNTER SIGNING THE FIRST SALARY BILL OF JULIYA A.P. FOR THE MONTH OF 6/15 TO BE HONOURED ALONG WITH INNER. EXHIBIT P21 PHTOCOPY OF THE LETTER DATED 13-3-2019 BEARING NO.B6-1088/2019 ADDRESSED TO THE TREASURY OFFICER, MANNARKKAD COUNTER SINGNING THE ARREAR SALARY BILL FOR JULIYA A.P.WITH INTTER. EXHIBIT P22 PHOTOCOPY OF THE RELIEVING ORDER DATED 30.4.2016 BEARING LETTER NO G1/ESTT/3/2016 EXHIBIT P23 PHOTOCOPY OF THE PROFORMA-11 STATEMENT SHOWING THE ALLOTMENT OF WORK LOAD-2016-17 EXHIBIT P24 PHOTOCOPY OF THE REPLY UNDER RIGHT TO INFORMATION ACT BEARING NO 207922/GA-11-A32016/ADMN DATED 10.11.2020** **WP(C).No.146 OF 2020(P)** **19** ## **RESPONDENT'S/S EXHIBITS:** |**EXHIBIT R5(A)**|**A TRUE COPY OF THE STATEMENT FOR RE-**| |---|---| ||**ASSESSMENT OF WORK LOAD ON THE BASIS OF THE**| ||**MEETING ON 18.12.2002 WITH RESPECT TO MES**| ||**KEVEEYAM COLLEGE, VALANCHERY FOR THE YEAR**| ||**2001-2002.**| |**EXHIBIT R5(B)**|**A TRUE COPY OF G.O. (MS) NO.260/2010/H.EDN.**| ||**DATED 20.08.2010 ALONG WITH THE RELEVANT**| ||**PORTION OF THE ANNEXURE.**| |**EXHIBIT R5(C)**|**A TRUE COPY OF G.O.(RT) NO.1860/2012/H.EDN.**| ||**DATED 07.09.2012 ISSUED BY THE GOVERNMENT**| ||**CORRECTING THE TYPOGRAPHICAL ERROR OCCURRED**| ||**IN EXHIBIT R5(B) G.O., PERMITTING MES**| ||**KEVEEYAM COLLEGE, VALANCHERY TO FILL UP TWO**| ||**POSTS IN CHEMISTRY AFTER ACCOMMODATING THE**| ||**TWO EXCESS TEACHERS SHOWN IN EXHIBIT R5(B).**| |**EXHIBIT R5(D)**|**A TRUE COPY OF THE LETTER NO.D3/4732/14**| ||**DATED 28.06.2014 OF THE DEPUTY DIRECTOR OF**| ||**COLLEGIATE EDUCATION, KOZHIKODE ADDRESSED**| ||**THE DIRECTOR OF COLLEGIATE EDUCATION,**| ||**THIRUVANANTHAPURAM TO TAKE NECESSARY**| ||**CORRECTIVE ACTION IN PURSUANCE TO EXHIBIT**| ||**R5(C).**| |**EXHIBIT R5(E)**|**A TRUE COPY OF THE ORDER DATED 04.11.2016**| ||**ISSUED BY THE UNIVERSITY OF CALICUT SHOWING**| ||**THAT THE ADMISSIBLE WORKLOAD OF THE DEPT.**| ||**OF CHEMISTRY IN MES KEVEEYAM COLLEGE DURING**| ||**2015-16 IS 135 HOURS FOR WHICH 8 TEACHERS +**| ||**PRINCIPAL (WHOSE SUBJECT IS CHEMISTRY) CAN**| ||**ONLY BE ACCOMMODATE.**| |**EXHIBIT R5(F)**|**A TRUE COPY OF THE LETTER DATED 01.12.2016**| ||**OF THE UNIVERSITY OF CALICUT ADDRESSED TO**| ||**THE 5TH RESPONDENT DIRECTING HIM TO TAKE**| ||**CORRECTIVE MEASURES IN PURSUANCE TO EXHIBIT**| ||**R5(E).**| **WP(C).No.146 OF 2020(P)** **20** ## **APPENDIX OF WP(C) 19024/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE MINUTES OF MEETING OF SELECTION COMMITTEE OF MES COLLEGES DATED 2.3.2015** **EXHIBIT P2 TRUE COPY OF APPOINTMENT ORDER OF PETITIONER DATED 9.5.2015 ISSUED BY CORRESPONDENT AND CHAIRMAN OF MUSLIM EDUCATIONAL SOCIETY** - **EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 22.7.2015 ISSUED BY THE PRINCIPAL, MES COLLEGE, MAMPAD TO THE CORRESPONDENT AND CHAIRMAN, STANDING COMMITTEE OF MES COLLEGES.** - **EXHIBIT P4 TRUE COPY OF THE STATEMENT OF WORK LOAD AMONG THE TEACHING STAFF UNDER THE 5TH RESPONDENT COLLEGE FOR THE YEAR 2015** - **EXHIBIT P5 TRUE COPY OF THE PROPOSAL DATED 13.8.2015 FOR APPROVAL OF APPOINTMENT OF THE PETITIONER FORWARDED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT** - **EXHIBIT P6 TRUE COPY OF U.O. NO 2359/2019/ADMN DATED 14.2.2019 ISSUED BY THE ASSISTANT REGISTRAR, UNIVERSITY OF CALICUT** **EXHIBIT P7 TRUE COPY OF COMMUNICATION DATED 25.3.2019 ISSUED BY THE PRINCIPAL MES COLLEGE, MAMPAD TO 3RD RESPONDENT DEPUTY DIRECTOR**