OP(KAT) No. 346 of 2023 (In the High Court of Kerala at Ernakulam)

# _`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`_ ``` THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 11[TH] DAY OF AUGUST 2023 / 20TH SRAVANA, 1945 ``` ## _`OP(KAT) NO. 346 OF 2023`_ ``` OA 828/2023 OF KERALA ADMINISTRATIVE TRIBUNAL, ``` ## _`THIRUVANANTHAPURAM`_ ## _`PETITIONERS/NOT PARTIES IN THE OA`_ ``` 1DR. R.PRAGASH AGED 54 YEARS ASSOCIATE PROFESSOR, S/O LATE P RAMAIAH,PHYSICS DEPARTMENT, GOVERNMENT COLLEGE, KOTTAYAM RESIDING AT RAMNIVAS, CHOOLAKAVALA, KOLLAD P O, KOTTAYAM, PIN - 686004 2DR.SAJI.S PROFESSOR, D/O LATE.P.S.NAIR, DEPARTMENT OF MUSIC, MAHARAJA'S COLLEGE, ERNAKULAM, RESIDING AT CHERIYAPUNNOOR HOUSE, PILAPUZHA NORTH, HARIPAD P.O., ALAPPUZHA, PIN - 690514 3DR.MOTHI GEORGE AGED 51 YEARS ASSOCIATE PROFESSOR, S/O LATE K.C.GEORGE, DEPARTMENT OF ECONOMICS, GOVERNMENT COLLEGE, AMBALAPUZHA, KANIAMPADY, SEA VIEW WARD, ALAPPUZHA, PIN - 688012 4DR.BALAKRISHNAN A AGED 53 YEARS ASSOCIATE PROFESSOR, S/O LATE AYYAPPAN, DEPARTMENT OF HISTORY, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM, RESIDING AT MOOLAYIL HOUSE, KODUMON P.O., PATHANAMTHITTA, PIN - 691555 5DR.SUNIL V.T AGED 55 YEARS PROFESSOR, S/O LATE V.V.THOMAS, DEPARTMENT OF MUSIC. GOVERNMENT COLLEGE FOR WOMEN, THIRUVANANTHAPURAM, RESIDING AT VILAKUNNEL HOUSE, ADIVARAM P.O., CALICUT, PIN - 673573 6DR.SYAMCHAND S.S, AGED 44 YEARS ASSOCIATE PROFESSOR, S/O J.SASIDHARAN PILLAI, ``` OP(KAT).346/2023 ``` DEPARTMENT OF CHEMISTRY, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM, RESIDING AT SIVANYAM, TC2724(1), CHENCHERY, CKRA-52C, NALACHIRA P.O., THIRUVANANTHAPURAM, PIN - 695015 7DR.MANICKARAJ AGED 47 YEARS ASSOCIATE PROFESSOR, S/O P.KALYAN, DEPARTMENT OF TAMIL, GOVERNMENT COLLEGE FOR WOMEN, THIRUVANANTHAPURAM, RESIDING AT NAVEETHAM, PNRA F13D, SREEKRISHNA LANE, AMBALAKKU, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003 8DR.ALOYSIUS O.C AGED 52 YEARS PROFESSOR, S/O LATE CHERIAN, DEPARTMENT OF COMMERCE, GOVERNMENT COLLEGE, KATTAPANA P.O., IDUKKI DISTRICT-685508, RESIDING AT OORASALAYIL, KADAMAKUZHY P.O., KATTAPANA, IDUKKI DISTRICT, PIN - 685515 BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ``` ## _`RESPONDENTS/APPLICANTS AND RESPONDENTS 1 TO 6`_ ``` 1DR. VARGHESE JACOB AGED 52 YEARS S/O. N.I. JACOB, PROFESSOR IN MATHEMATICS, PRESENTLY WORKING AT GOVERNMENT COLLEGE, NATTAKOM P.O, KOTTAYAM - 686013, RESIDENT OF THOMACAL BETHEL VILLA, THIRUVALLA R S P.O, PATHANAMTHITTA- 689111, PH: 8921814724 2DR. MATHEW PALAMOOTTIL AGED 48 YEARS S/O. P.M. THOMAS, PROFESSOR IN ZOOLOGY, PRESENTLY WORKING AT GOVERNMENT COLLEGE, NATTAKOM P.O, KOTTAYAM - 686013, RESIDENT OF PALAMOOTTIL, PALLARIMANGALAM P.O, THADATHILAL, MAVELIKKARA, ALAPPUZHA, PH: 9447059690, PIN - 690107 3DR. MADHAVAN NAMBOOTHIRI. N.M AGED 44 YEARS S/O. MADHAVAN NAMBOOTHIRI, PROFESSOR IN MATHEMATICS, PRESENTLY WORKING AT GOVERNMENT ``` OP(KAT).346/2023 ``` COLLEGE, NATTAKOM P.O, KOTTAYAM - 686013, RESIDENT OF UDHICKAL, NEELAMANA ILLOM, VAKATHANAM P.O, KOTTAYAM, PH: 9446308292, PIN - 686538 ``` ``` 4DR. BLUMY JOSEPH,AGED 47 YEARS W/O. K JOSEPH, PROFESSOR IN MATHEMATICS, PRESENTLY WORKING AT RAJIV GANDHI INSTITUTE OF TECHNOLOGY, NEDUMKUZHY, VELLOOR, PAMPADY, KOTTAYAM - 686501, RESIDENT OF KUNUKKASSERIL HOUSE, PRESS CLUB COLONY, EDAPPALLY, ERNAKULAM, PH: 9895308192, PIN - 682024 ``` ``` 5AJITH KUMAR. K.G AGED 55 YEARS S/O. K. GOPALAN NAIR, PROFESSOR IN BOTANY, PRESENTLY WORKING AT GOVERNMENT WOMEN'S COLLEGE, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014, RESIDENT OF SREELEKSHMI, VP1/1165, VAZHAYILA, PEROORKADA P.O, THIRUVANANTHAPURAM, PH: 9496093071, PIN - 695005 ``` ``` 6DR. BABY. K AGED 54 YEARS S/O. SANKARAN KUTTY PANICKER(LATE), PROFESSOR IN ECONOMICS, PRESENTLY WORKING AT GOVERNMENT COLLEGE, CHITTUR, CHITTUR P.O, PALAKKAD - 678104, RESIDENT OF 7/358 LAKSHMI, AMBATT LANE, CHITTUR P.O, PALAKKAD, PH: 9495889173, PIN - 678101 7DR. JAYARAMAN. P.N AGED 54 YEARS S/O. P.V. NARAYANAN KUTTY IYER (LATE), PROFESSOR IN HINDI, PRESENTLY WORKING AT GOVERNMENT VICTORIA COLLEGE, PALAKKAD - 678003, RESIDENT OF 4B, NARAYANA APARTMENT, KALPATHY, PALAKKAD, PH:- 9446510442, PIN - 678003 8STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 9DIRECTOR OF COLLEGIATE EDUCATION DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 10DR.UMAJYOTHI.V AGED 52 YEARS W/O B. KRISHNAKUMAR, RESIDING AT KAILASJYOTHI, DEVASWOM BOARD JUNCTION, KAUDIAR P.O., THIRUVANANTHAPURAM-695003, WORKING AS ASSOCIATE ``` OP(KAT).346/2023 ``` PROFESSOR AND HEAD, DEPARTMENT OF ECONOMICS, GOVERNMENT COLLEGE OF WOMEN, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014 ``` ``` 11DR. GODWIN S K, AGED 44 YEARS S/O PUSHPARAJAN, PROFESSOR IN ECONOMICS, GOVERNMENT COLLEGE FOR WOMEN, THIRUVANANTHAPURAM- 695014, RESIDING AT GURU BHAVAN, SUBHANANDA NAGAR, PALUKAL, PARASSALA PO, THIRUVANANTHAPURAM, PIN - 695502 ``` - _`12 UNIVERSITY GRANTS COMMISSION (UGC) REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI, PIN - 110002`_ ``` 13DR. LEKSHMI R NAIR AGED 45 YEARS W/O ARUN SHANKAR, ASSOCIATE PROFESSOR OF ENGLISH, GOVERNMENT COLLEGE, KOTTAYAM-686013, RESIDING AT SREESHYLAM, OPP. KSRTC BUS STATION, ETTUMANOOR P.O, KOTTAYAM, PIN - 686631 ``` ``` BY ADV M.FATHAHUDEEN ``` ## _`OTHER PRESENT:`_ ``` SRI. T.K. ARAVINTDA KUMAR BABU-R1-R7, SRI. ANTONY MUKKATH-SR. GP, SMT. SREEDEVI KYLASANATH-R11, SRI. LINDONS C. DAVIS-R13, SRI. S. KRISHNAMOORTHY-SC ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 11.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` OP(KAT).346/2023 ..1.. ## ALEXANDER THOMAS & C.JAYACHANDRAN, JJ. ---------------------------------------------------------------- OP(KAT).No.346 of 2023 [arising out of the order in O.A.828/2023 of the KAT, Tvm Bench] ------------------------------------------------------------Dated this the 11[th] day of August, 2023 ## JUDGMENT ## Alexander Thomas, J. The prayers in the instant Original Petition, filed under Articles 226 & 227 of the Consititution of India are as follows :- “(i) issue an order setting aside Ext.P15 order of the Kerala Administrative Tribunal. (ii) direct the Kerala Administrative Tribunal to grant an earlier posting for Ext.P17 Miscellaneous Application too facilitate the petitioners to effectively workout their remedies against Ext.P15 order.” 2. Heard Sri.Thomas Abraham, learned counsel appearing for the petitioners/third parties in the OA, Sri.T.K.Aravinda Kumar Babu, learned counsel appearing for R1 to R7/Original Applicants in the OA, Sri.Antony Mukath, learned Senior Government Pleader appearing for the official respondents 8 and 9, Smt.Sreedevi Kylasanath, learned counsel appearing for R11, Sri.Lindons C.Davis, learned counsel appearing for R13 & Sri.S.Krishnamoorthy, learned Standing Counsel for the University Grants Commission (UGC) appearing for R12. In the nature of the order that we propose to pass, notice to R10 will stand dispensed with. OP(KAT).346/2023 ..2.. 3. After hearing both sides, we note that the petitioners herein are now third parties in the OA that they have already sought for getting themselves impleaded in Ext.P1 Original Application, O.A.No.828 of 2023, filed by the contesting respondents 1 to 7 before the Tribunal. The impleading application filed by the petitioners herein, is Ext.P17, Miscellaneous Application in O.A.No.828 of 2023 filed on 5.8.2023. It is settled law that the third parties in the Tribunal, constituted under Article 323A of the Constitution of India, cannot directly approach the High Court by invoking Articles 226 and 227 of the Constitution of India to challenge the decisions of the Tribunal. The right of such parties is to approach the Tribunal by instituting appropriate proceedings and in case, if any grievances thereafter, they may approach this Court, subject to the nature of the cause of action. [See Rajeev Kumar and Another v. Hemaraj Singh Chouhan and Othrs. (2010 (4) SCC 544) ] However, we note the specific grievance of the petitioners herein that, though they have filed Ext.P17 Miscellaneous Application before the Tribunal, for getting themselves impleaded in the above OA, orders have not been passed. They would point out that the time-line fixed by the Tribunal for complying with Ext.P15 interim order dated 3.8.2023 is only upto 17.8.2023 and that now Ext.P17 Miscellaneous Application for impleading is posted before the Tribunal on 21.8.2023 to enable the Original Applicants to file their objections, if any, to the impleading application. Further, we are also told by Sri.T.K.Aravinda Kumar Babu, learned counsel appearing for the contesting respondents 1 to OP(KAT).346/2023 ..3.. 7/Original Applicants, that the members of the Division Bench of the Tribunal, which has passed Ext.P15 interim order, may be sitting in the Thiruvananthapuram Bench only from 21.8.2023 onwards. 4. We specifically queried to Sri.T.K.Aravinda Kumar Babu, learned counsel appearing for the contesting respondents 1 to 7/Original Applicants, as to whether the Original Applicants have any serious objections in the plea made in Ext.P17 Application by the petitioners for getting themselves impeaded in Ext.P1 OA and the learned counsel would fairly submit, on the basis of the instructions from parties, that the Original Applicants have no objections in the petitioners getting themselves impleaded in Ext.P1/OA. Further, the petitioners herein would contend that but for the interdiction made in the present Original Application, O.A.No.828 of 2023, by the Tribunal, the petitioners herein would have been considered for promotion to the post of Principal, on the basis of their inclusion in Ext.R4(e) list etc. We need not get into those issues, since the Original Applicants have now fairly submitted that they have no objections in the petitioners getting themselves impleaded in the OA. 5. Accordingly, it is ordered that steps should be taken by the Tribunal to ensure that the petitioners herein are impleaded in the OA, as sought for by them in Ext.P17 Miscellaneous Application. Sri.Thomas Abraham, learned counsel appearing for the petitioners would submit that, the petitioners would be immediately filing separate Miscellaneous Application for vacating the impugned Ext.P15 interim order passed by the OP(KAT).346/2023 ..4.. Tribunal. After getting themselves impleaded, it is for the petitioners to work out their remedies, in the manner know to law. No other orders and directions are called for. With these observations and directions, the Original Petition will stand disposed of. Sd/- ALEXANDER THOMAS JUDGE Sd/- C.JAYACHANDRAN JUDGE Mrcs OP(KAT).346/2023 ..5.. ## _`APPENDIX OF OP(KAT) 346/2023`_ ``` PETITIONER ANNEXURES ``` - _`ANNEXURE A1 TRUE COPY OF GO(RT) NO.350/2022/HEDN DATED 02/03/2022 OF GOVERNMENT OF KERALA`_ - _`ANNEXURE A2 TRUE COPY OF THE CIRCULAR DATED 28/01/2022 OF THE 2ND RESPONDENT`_ - _`ANNEXURE A3 TRUE COPY OF THE CIRCULAR DATED 05/03/2022 ISSUED BY THE 2ND RESPONDENT`_ - _`ANNEXURE A4 TRUE COPY OF THE RELEVANT PAGES OF THE UGC REGULATIONS 2018`_ - _`ANNEXURE A5 TRUE COPY OF THE CIRCULAR NO. B3/3488/2022/DCE DATED 11/01/2023 OF THE 2ND RESPONDENT`_ - _`ANNEXURE A6 TRUE COPY OF THE INTERIM ORDER DATED 23/02/2023 IN OA(EKM) NO. 32/2023 OF THE HONORABLE KAT`_ - _`ANNEXURE A7 TRUE COPY OF THE GO(RT) NO.453/2023/HEDN DATED 28/03/2023 OF THE 1ST RESPONDENT`_ - _`ANNEXURE A8 TRUE COPY OF THE FINAL ORDER DATED 30/03/2023 IN OA(EKM) NO.32/2023 OF THE HONORABLE KAT`_ - _`ANNEXURE A9 TRUE COPY OF GO(RT) NO.743/23/HEDN DATED 27/05/2023 OF GOVERNMENT OF KERALA`_ - _`ANNEXURE A10 TRUE COPY OF THE QUESTIONNAIRE DATED 07/07/2021 SUBMITTED BY BABU.S UNDER RTI ACT`_ - _`ANNEXURE A10(a) TRUE COPY OF THE LETTER NO. UGC CELL2/22518/2021/DCE DATED 04/08/2021 OF THE STATE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT'S OFFICE`_ - _`ANNEXURE A11 TRUE COPY OF THE PROCEEDINGS NO.F1/146/2022/HEDN DATED 16/06/2023 OF THE 1ST RESPONDENT`_ - _`ANNEXURE R3(a) TRUE COPY OF THE ORDER DATED 30/06/2023 IN OA NO.828 OF 2023 OF THIS HON'BLE TRIBUNAL`_ - _`ANNEXURE A12 TRUE COPY OF THE COMBINED SELECT LIST DATED 01/07/2023 PRODUCED BY THE`_ OP(KAT).346/2023 ..6.. ``` RESPONDENTS ALONG WITH A REVIEW PETITION IN THE ABOVE O.A ``` - _`ANNEXURE A13 TRUE COPY OF THE MINUTES OF THE DPC HELD ON 23/06/2022 OBTAINED UNDER THE RTI ACT`_ - _`ANNEXURE A13(a) TRUE COPY OF THE QUESTIONNAIRE DATED 15/07/2022`_ - _`ANNEXURE A13(b) TRUE COPY OF THE COVERING LETTER NO.F1/192/2022/HEDN DATED 26/07/2023`_ - _`ANNEXURE A14 TRUE COPY OF THE NO.HEDN-F1/148/2022-HEDN ANNEXURE A16 TRUE COPY OF THE INTERIM ORDER DATED 01/06/2023 IN OA NO.828 OF 2023 OF THE HONORABLE KAT`_ - _`ANNEXURE A17 TRUE COPY OF THE COMBINED SELECT LIST DATED 01/07/2023 PRODUCED BY THE RESPONDENTS ALONG WITH A REVIEW PETITION IN THE ABOVE O.A`_ - _`ANNEXURE R4(a) A TRUE COPY OF THE UGC PUBLIC NOTICE NO.71-1/2018//JOURNAL/CARE DATED 14/06/2019 ISSUED BY THE ADDL.5TH RESPONDENT`_ - _`ANNEXURE R4(b) A TRUE COPY OF THE GOVERNMENT LETTER NO.HEDN-F1/75/2023 DATED 15/05/2023 OF THE 1ST RESPONDENT`_ - _`ANNEXURE R4(c) A TRUE COPY OF THE ORDER DATED 05/07/2023 IN OA NO.975 OF 2023 BY THIS HON'BLE TRIBUNAL`_ - _`ANNEXURE R4(d) A TRUE COPY OF THE CIRCULAR B3/3458/2022/DCE ISSUED BY THE 2ND RESPONDENT DATED 13/03/2022`_ - _`ANNEXURE R4(e) A TRUE COPY OF THE COMBINED LIST DATED 23/05/2022`_ - _`EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL APPLICATION NUMBERED AS O.A.NO.828 OF 2023`_ - _`Exhibit P2 THE TRUE COPY OF M.A.NO.993 OF 2023 IN O.A.NO.828 OF 2023 SEEKING A DIRECTION TO ALLOW THE APPLICANTS TO JOIN TOGETHER IN FILING THE O.A.`_ - _`EXHIBIT P3 THE TRUE COPY OF THE M.A.NO.1256 OF 2023 IN O.A.NO.828 OF 2023 FILED BY THE RESPONDENTS 1 TO 7 HEREIN PRAYING TO`_ OP(KAT).346/2023 ..7.. ``` RECEIVE A DOCUMENT AND TO STAY ALL STEPS TAKEN PURSUANT TO ANNEXURE A9 ORDER ``` - _`EXHIBIT P4 THE TRUE COPY OF THE M.A.NO.1321 OF 2023 IN O.A.NO.828 OF 2023 SEEKING TO IMPLEAD AN INTERVENOR AS AN ADDITIONAL 3RD RESPONDENT IN THE O.A.`_ - _`EXHIBIT P5 THE TRUE COPY OF THE M.A.NO.1326 OF 2023 IN O.A.NO.828 OF 2023 SEEKING TO IMPLEAD AN INTERVENOR AS THE ADDITIONAL 4TH RESPONDENT IN THE O.A.`_ - _`EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 30/6/2023 IN O.A.NO.828 OF 2023`_ - _`EXHIBIT P7 THE TRUE COPY OF THE M.A.NO.1384 OF 2023 IN O.A.NO.828 OF 2023 SEEKING TO IMPLEAD AN INTERVENOR AS THE ADDITIONAL 5TH RESPONDENT IN THE O.A.`_ - _`EXHIBIT P8 THE TRUE COPY OF THE M.A. NO.1434 OF 2023 IN O.A.NO.828 OF 2023`_ - _`EXHIBIT P9 THE TRUE COPY OF THE M.A.NO.1481 OF 2023 IN O.A.NO.828 OF 2023 SEEKING TO PRODUCE ANNEXURE A13 TO A14 DOCUMENTS`_ - _`EXHIBIT P10 THE TRUE COPY OF M.A.NO.1433 OF 2023 IN O.A.NO.828 OF 2023`_ - _`EXHIBIT P11 THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE ADDL. 4TH RESPONDENT IN THE ABOVE O.A.`_ - _`EXHIBIT P12 THE TRUE COPY OF THE M.A.NO.1495 OF 2023 IN O.A.NO.828 OF 2023 FILED BY RESPONDENTS 8 AND 9 HEREIN`_ - _`EXHIBIT P13 THE TRUE COPY OF THE M.A.NO.1500 OF 2023 IN O.A.NO.828 OF 2023 SEEKING TO IMPLEAD AN INTERVENOR AS THE ADDITIONAL 6TH RESPONDENT IN THE O.A.`_ - _`EXHIBIT P14 THE TRUE COPY OF THE M.A.NO.1501 OF 2023 IN O.A.NO.828 OF 2023 FILED BY THE ADDITIONAL 6TH RESPONDENT`_ ``` EXHIBIT P15THE TRUE COPY OF THE ORDER DATED 3/8/2023 IN O.A. NO.828 OF 2023 EXHIBIT P16THE TRUE COPY OF THE COMMON ORDER DATED 02.08.2023 IN OP(KAT) NO.183 OF 2023 AND ``` OP(KAT).346/2023 ..8.. ## _`CONNECTED CASES`_ ``` EXHIBIT P17THE TRUE COPY OF THE SAID M.A.NO.1525 OF 2023 FILED BY THE PETITIONERS IN O.A. NO.828 OF 2023 ```