OP(KAT) Nos. 6, 12 & 308 of 2023

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` THURSDAY, THE 29[TH] DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 ``` ## **`OP(KAT) NO. 6 OF 2023`** ``` AGAINST THE ORDER OA 418/2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ``` ## **`PETITIONER/S:`** ``` DR. PRAGASH R., AGED 53 YEARS (ASSOCIATE PROFESSOR AND PRINCIPAL IN CHARGE), GOVERNMENT COLLEGE, KOTTAYAM, NATTAKOM (P.O.), KERALA- 686 013. RAMNIVAS, CHOOLAKAVALA, KOLLAD P.O., KOTTAYAM DIST.,, PIN – 686004 ``` ``` BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB SHYNI DAS J.S. ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN – 695033 ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:2:-`** ## **`OP(KAT) NO. 6 OF 2023`** - **`2 THE DIRECTOR DIRECTORATE OF COLLEGIATE EDUCATION, GOVERNMENT OF KERALA, 6TH FLOOR, VIKAS BHAVAN VIKAS BHAVAN P O, THIRUVANANTHAPURAM KERALA, INDIA., PIN - 695033`** - **`3 DEPARTMENTAL PROMOTION COMMITTEE ( HIGHER ) FOR COLLEGIATE EDUCATION`** - **`HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM, KERALA, PIN - 695033`** - **`4 GOVERNMENT COLLEGE NATTAKOM (PO), KOTTAYAM, KERALA REPRESENTED BY ITS PRINCIPAL, PIN - 686013`** - **`5 THE UNIVERSITY GRANT COMMISSION (UGC) BAHADUR SHAH ZAFAR MARG , NEW DELHI REPRESENTED BY ITS SECRETARY, PIN - 110002`** ## **`BY ADVS. SRI.S.KRISHNAMOORTHY, CGC`** ``` SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL() SABEENA P. ISMAIL, GOVERNMENT PLEADER() ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 28.02.2024, ALONG WITH OP(KAT).12/2023, 308/2023, THE COURT ON 29.02.2024 DELIVERED THE FOLLOWING: ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:3:-`** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` THURSDAY, THE 29[TH] DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 ``` ## **`OP(KAT) NO. 12 OF 2023`** ``` AGAINST THE ORDER OA 370/2022 OF KERALA ADMINISTRATIVE ``` ``` TRIBUNAL, THIRUVANANTHAPURAM ``` ## **`PETITIONER/S:`** ``` 1DR.SHEELA K.L., AGED 53 YEARS KAVINAL, VATHIKULAM, THEKKEKARA P.O., MAVELIKKARA, ALAPPUZHA DIST., PIN - 690107 2DR. S.H.S. DHARMAJA AGED 54 YEARS SAMADHARMA SADAN TARA - 12, THALIYAL KARAMANA P.O., THIRUVANANTHAPURAM DISTRICT., PIN - 695002 BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN – 695033 ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:4:-`** - **`OP(KAT) NO. 12 OF 2023`** - **`2 THE DIRECTOR DIRECTORATE OF COLLEGIATE EDUCATION, GOVERNMENT OF KERALA, 6TH FLOOR, VIKAS BHAVAN VIKAS BHAVAN P O, THIRUVANANTHAPURAM KERALA, INDIA, PIN - 695033`** - **`3 DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR COLLEGIATE EDUCATION`** - **`HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM, KERALA, PIN - 695033`** - **`4 GOVERNMENT ARTS COLLEGE GANDHI BHAVAN ROAD, HOUSING BOARD, THYCAUD, THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS PRINCIPAL., PIN - 695014`** - **`5 GOVERNMENT COLLEGE FOR WOMEN CV RAMAN PILLAI ROAD THYCAUD, P.O, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS PRINCIPAL., PIN - 695014`** ``` 6BABU.S. AGED 57 YEARS S/O. SUKUMARAN, ASSOCIATE PROFESSOR (RETIRED), UNIVERSITY COLLEGE, THIRUVANANTHAPURAM-695034, RESIDING AT NANDANAM, T.C 9/2293, EDAVALODE, SREEKARIYAM P.O., THIRUVANANTHAPURAM, PIN - 695017 7THE UNIVERSITY GRANT COMMISSION (UGC) BAHADUR SHAH ZAFAR MARG, NEW DELHI, PIN - 110002 BY ADVS. ``` ## **`Elizebath George`** ``` S. Krishnamoorthy S M.S.RADHAKRISHNAN NAIR(BCK/443/1981) SABEENA P. ISMAIL, GOVERNMENT PLEADER() SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL() ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 28.02.2024, ALONG WITH OP(KAT).6/2023 AND CONNECTED CASES, THE COURT ON 29.02.2024 DELIVERED THE FOLLOWING: ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:5:-`** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` THURSDAY, THE 29[TH] DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 ``` ``` OP(KAT) NO.308OF 2023 ``` ``` AGAINST THE ORDER OA 426/2022 OF KERALA ADMINISTRATIVE ``` ``` TRIBUNAL, THIRUVANANTHAPURAM ``` ## **`PETITIONER/S:`** ``` DR. VINOY GEORGE AGED 52 YEARS S/O. GEORGE MATHEW, ASSOCIATE PROFESSOR, DEPARTMENT OF MATHEMATICS, RAJIV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM. PIN. 686501. (RESIDING ATMUPPARAYIL ALVIN VILLA, MAZHUKEER, KALLISSERY PO., CHENGANNUR, ALAPPUZHA DISTRICT., PIN - 689121 BY ADVS. ``` ``` S.SUBHASH CHAND S.JAYAKRISHNAN ``` ``` RESPONDENT/S: ``` ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695001 ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:6:-`** ## **`OP(KAT) NO. 308 OF 2023`** ``` 2THE DIRECTOR OF COLLEGIATE EDUCATION DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM., PIN - 695033 ``` - **`3 THE PRINCIPAL RAJIV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM., PIN – 686501`** ``` BY ADVS. ADVOCATE GENERAL OFFICE KERALA SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL() SABEENA P. ISMAIL, GOVERNMENT PLEADER() ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 29.02.2024, ALONG WITH OP(KAT).6/2023 AND CONNECTED CASES, THE COURT ON 29.02.2024 DELIVERED THE FOLLOWING: ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:7:-`** ## **`A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.`** ``` ------------------------------------------------ ``` ``` O.P.(KAT).Nos. 6, 12 and 308 of 2023 ``` ``` ------------------------------------------------ ``` ``` Dated this the 29[th] day of February, 2024 ``` ## **`J U D G M E N T`** ## **`A.Muhamed Mustaque, J.`** ``` These matters are filed by the applicants who were unsuccessful before the Kerala Administrative Tribunal. According to them, they are qualified for appointment to the post of the Principal in Government Arts and Science College in accordance with the UGC Regulations 2010. They seek consideration for selection to the vacancies that arose prior to UGC Regulations of 2018, in accordance with the UGC Regulations of 2010. ``` ``` 2. The Tribunal considered the challenge in detail and dismissed all the applications. ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:8:-`** ``` 3. A notification was issued on 28/1/2022 by the Directorate of Collegiate Education, inviting applications for filling up the vacancies in Government Arts and Science College to the post of Principal in accordance with UGC Regulations 2018. ``` ``` 4. The argument of the petitioners that they should be considered for the vacancies prior to 2018 in accordance with the UGC Regulations 2010 must fail in the light of the judgment of the Apex Court in State of Himachal Pradesh and Others v. Raj Kumar and others (2022 LiveLaw (SC) 502). However, the learned counsel for the petitioners Shri Liju Stephen, strenuously argued and placed reliance on UGC Regulations 2018, referring to clause 6.3, which reads thus: ``` ``` The criteria for promotions under Career Advancement Scheme laid down under these Regulations shall be effective from the date of notification of these Regulations. However, to avoid hardship to those faculty members who have already qualified or are likely to qualify shortly under the existing regulations, a choice may be given to them, for being considered for promotions under the existing Regulations. This option can be exercised only within three years from the date of notification of these Regulations ``` ``` 5. According to the learned Counsel for the petitioners, ``` ``` the law recognizes both promotion and direct recruitment and in ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:9:-`** ``` the light of clause 6.3, there is no bar in promoting existing qualified teachers in accordance with the UGC Regulations 2018. He also placed reliance on a Division Bench judgment of this Court in W.A. No.1599/2019. Para.10 of the above judgment is reproduced herewith. ``` ``` 10.Yet another contention urged by the learned counsel for the appellants is that the procedure for promotion is virtually a direct recruitment. We do not think so. If it is a direct recruitment, notification has to be published on an all India basis from teachers qualified to be appointed as Principals. In the case on hand, the Corporate Management has sought for willingness from teachers who wishes to be appointed as Principal and from among them, selection is being conducted, which clearly amounts to appointment by way of promotion as contemplated under the statute. ``` ``` According to us clause 6.3 have no application in this matter as ``` ``` it is related to promotion. It does not state about appointment related to Principal. The present notification is for direct appointment in the post of Principal. ``` ``` 6. It is to be noted that UGC Regulations do not contemplate appointment to the post of Principal through promotion. The UGC Regulations 2018 only prescribes the qualification and also outlines the constitution of the selection ``` ``` committee. It is also specifically noted by the Tribunal that none of the petitioners possess qualifications in accordance ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:10:-`** ``` with the UGC Regulations 2018. In light of the law declared by the Apex Court in Raj Kumar’s case (supra), it is the choice of the employer to apply relevant rules for the vacancies that arose prior to amendment and after amendment. We note particularly in this context that, there is a revision of qualification as prescribed in UGC Regulations 2010. Therefore, the law that would apply for appointment in regard to maintaining standards of education is the law that is prevailing at the time of selection. UGC Regulations 2018 have to be followed as they prescribe higher ``` ``` standards of education and therefore, it cannot be diluted for the sake of teachers who were qualified prior to revision of the qualification. It is to be remembered that UGC Regulations are focussing on standard and quality of education and not the individual entitlement of teachers. Looking at the above angle, we do not find any reason to entertain these original petitions. The original petitions fail and are accordingly dismissed. ``` Sd/- ## **`A.MUHAMED MUSTAQUE, JUDGE`** Sd/- ``` SHOBA ANNAMMA EAPEN, JUDGE ``` ## **`ms`** ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:11:-`** ## **`APPENDIX OF OP(KAT) 12/2023`** |**`PETITIONER ANNEXURES`**|| |---|---| |**`Annexure A1`**|**`TRUE COPY OF THE PH.D DEGREE CERTIFICATE`**| ||**`(FACULTY OF SCIENCE) REGISTER NO. 3642`**| ||**`AWARDED TO THE 1ST APPLICANT DATED13-10-`**| ||**`2008 ISSUED BY UNIVERSITY OF KERALA`**| |**`Annexure A2`**|**`TRUE COPY OF THE PH.D DEGREE CERTIFICATE`**| ||**`(FACULTY OF SCIENCE) REGISTER NO.9346`**| ||**`AWARDED TO THE 2ND APPLICANT DATED 20-7-`**| ||**`2018 ISSUED BY UNIVERSITY OF KERALA`**| |**`Annexure A3`**|**`TRUE COPY OF THE APPOINTMENT ORDER`**| ||**`NO.ESTT.A2/ 67002/95/COLL.EDNOF THE`**| ||**`APPLICANTS AND OTHERS DATED 15-9-1998`**| ||**`ISSUED BY THE 2ND RESPONDENT`**| |**`Annexure A4`**|**`TRUE COPY OF APPROVED SENIORITY LIST`**| ||**`PUBLISHED BY THE 1ST RESPONDENT IN KERALA`**| ||**`GAZETTE NOTIFICATION NO. G.O. (P) NO.`**| ||**`25/2017/H.EDN DATED 17-7-2017`**| |**`Annexure A5`**|**`TRUE COPY OF THE SELECT LIST NOTIFICATION-`**| ||**`NO.G.O(P) NO. 13/2018/H.EDN DATED 18-5-`**| ||**`2018 ISSUED BY THE 1ST RESPONDENT`**| |**`Annexure A6`**|**`TRUE COPY OF NOTIFICATION B3/3488/2022/DCE`**| ||**`DATED 28-1-2022 ISSUED BY THE 1ST`**| ||**`RESPONDENT INVITING APPLICATION TO THE`**| ||**`POST OF PRINCIPAL AS PER THE UGC`**| ||**`REGULATION 2018`**| |**`Annexure A7`**|**`TRUE COPY OF THE G.O(RT)NO.350/2022 HEDN`**| ||**`DATED 2/3/2022 ISSUED BY THE 1ST`**| ||**`RESPONDENT FOR CONSTITUTING THE SELECTION`**| ||**`COMMITTEE FOR SELECTION TO THE POST OF`**| ||**`PRINCIPAL`**| |**`Annexure A8`**|**`TRUE COPY OF THE CIRCULAR NO.`**| ||**`B3/3488/2022/DCE DATED 5.03.2022 ISSUEDBY`**| ||**`THE 2ND RESPONDENT`**| |**`Annexure A9`**|**`TRUE COPY OF THE REPRESENTATION DATED 15-`**| ||**`2-2022 SUBMITTED BY THE 1STAPPLICANT TO`**| ||**`THE 2NDRESPONDENT`**| |**`Annexure A10`**|**`TRUE COPY OF THE REPRESENTATION DATED 15-`**| ||**`2-2022 SUBMITTED BY THE 2NDAPPLICANT TO`**| ||**`THE 2NDRESPONDENT`**| |**`Annexure A11`**|**`TRUE COPY OF THE ORDER G.O. (RT) NO. 172/`**| ||**`2020/H.EDN DATED 30-1-2020`**| ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:12:-`** ## **`APPENDIX OF OP(KAT) 12/2023`** ``` Annexure R1(a) ``` ``` Annexure R1(b) ``` ``` TRUE COPY OF THE G.O.(P) NO. 392/2010/H.EDN DATED 10-12-2010 ``` ``` TRUE COPY OF THE G.O(P) NO. 10/2017/H.EDN DATED 19-3-2017 ``` ``` Annexure R1(c)TRUE COPY OF THE G.O.(P) NO. 18/2019/H.EDN DATED 29-6-2019 ``` ``` Annexure R6(a)TRUE COPY OF THE RELEVANT PAGES OF THE UGC REGULATIONS 2010 Annexure R6(b)TRUE COPY OF GO(P) NO.392/2010/H.EDN DATED 10-12-2010 OF GOVT. OF KERALA ``` ``` Exhibit P1 ``` ``` A TRUE COPY OF THE ORIGINAL APPLICATION NO. 370/2022 ALONG WITH DOCUMENTS (ANNEXURES A1 TO A11) FILED BY THE PETITIONERS BEFORE THE KERALA ``` ``` ADMINISTRATIVE TRIBUNAL ``` ``` Exhibit P2 ``` ``` Exhibit P3 ``` ``` Exhibit P4 ``` ``` TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT ALONG WITH ANNEXURES BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL TRUE COPY OF THE REPLY STATEMENT FILED BY THE 6TH RESPONDENT ALONG WITH ANNEXURES BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL CERTIFIED COPY OF THE COMMON ORDER DATED 16-12-2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN OA NO. 370 OF 2022 ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:13:-`** ## **`APPENDIX OF OP(KAT) 308/2023`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE ADVISE MEMO NO RIC (3) 30655/98/GW DATED 30/7/2001 ISSUED BY THE SECRETARY KPSC THIRUVANANTHAPURAM TO THE APPLICANT Annexure A2TRUE COPY OF THE PROCEEDINGS OF THE THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANTHAPURAM VIDE ORDER NO. ESTT.A2- 23163/2001/COLL.EDN DATED 11/9/2001 Annexure A3TRUE COPY OF THE RELEVANT PAGE OF THE PROCEEDINGS OF THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION THIRUVANTHAPURAM VIDE O0RDER NO. UGC CELL III/14991/2003/COLL. EDN. DATED 7/11/2006 Annexure A4TRUE COPY OF THE CERTIFICATE OF DOCTOR OF PHILOSOPHY IN MATHEMATICS ISSUED BY MAHATMA GANDHI UNIVERSITY TO THE APPLICANT DATED 11/5/2018 Annexure A5TRUE COPY OF THE G.O.(RT) NO 1512/2018/H.EDN DATED 4/8/2018 OF THE GOVERNMENT Annexure A6TRUE COPY OF THE RELEVANT PAGES OF THE UNIVERSITY GRANTS COMMISSION DATED 18/7/2018 Annexure A7TRUE COPY OF THE G.O.(P) NO 18/2019/HEDN DATED 29/6/2019 OF THE GOVERNMENT Annexure A8TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT MADE BY THE SR.M RADHAKRISHNAN NAIR BEFORE THE INFORMATION OFFICER, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN THIRUVANTHAPURAM Annexure A8(a)TRUE COPY OF THE INFORMATION OBTAINED UNDER RIGHT TO INFORMATION AACT VIDE LETTER NO. B1/8217/2022/DCE DATED 5/3/2022 ADDRESSING THE SRI.M RADHA KRISHNAN NAIR BY THE STATE PUBLIC INFORMATION OFFICER ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:14:-`** ## **`APPENDIX OF OP(KAT) 308/2023`** ``` Annexure A9TRUE COPY OF THE RELEVANT PAGES OF THE ORDER NO. B3/27524/2017/VOLL. EDN DATED 9/8/2019 OF THE DIRECTOR OF COLLEGIATE EDUCATION ALONG WITH THE INTEGRATED SENIORITY LIST OF THE LECTURES IN GOVERNMENT ARTS AND SCIENCE COLLEGES ADVISED BY PSC TILL 31/12/2004 Annexure A10TRUE COPY OF THE CIRCULAR NO. B3/060008/2020 COLL. EDN DATED 16/1/2020 OF THE SENIOR ADMINISTRATIVE OFFICER, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANTHAPURAM Annexure A10 (a)TRUE COPY OF THE CIRCULAR NO. B3/1039/2021/DCE DATED 8/6/2021 OF THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANTHAPURAM ``` - **`Annexure A10 (b) TRUE COPY OF THE LETTER NO. E1/5425/19/RIT DATED 18/9/2019 ADDRESSING THE DIRECTOR OF COLLEGIATE EDUCATION 6TH FLOOR, VIKAS BHAVAN.P.O., THIRUVANTHAPURAM BY THE PRINCIPAL`** - **`Annexure A10(c) TRUE COPY OF THERPRINCIPAL LETTER NO. E1/5425/19/RIT DATED 18/1/2020 ADDRESSING THE DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR VIKAS BHAVAN.P.O., THIRUVANTHAPURAM`** - **`Annexure A10(d) TRUE COPY OF THE LETTER NO. E1/5425/19/RIT DATED 12/7/2021 ADDRESSING THE DIRECTOR OF COLLEGIATE EDUCATION6TH FLOOR VIKAS BHAVAN THIRUVANTHAPURAM BY THE PRINCIPAL`** - **`Annexure A11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY APPLICANT BEFORE THE 1ST RESPONDENT DATED 26/2/2022`** - **`Annexure A11(a) TRUE COPY OF THE POSTAL RECEIPT DATED 15/3/2022`** - **`Annexure A12 TRUE COPY OF THE DECISION OF THE FULL BENCH OF THE HON'BLE HIGH COURT OF KERALA IN MOHANAN K.R VS DIRECTOR OF HOMEOPATHY AND OTHERS REPORTED IN 2006 KHC 855 DATED 26/7/2006`** ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:15:-`** ## **`APPENDIX OF OP(KAT) 308/2023`** ``` Annexure A13TRUE COPY OF THE CIRCULAR NO. B3/3488/2022/DCE DATED 28/1/2022 OF THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN THIRUVANTHAPURAM ``` - **`Annexure A14 Annexure R1(a)`** - **`TRUE COPY OF THE ORDER IN O.A NO 370/2022 TRUE COPY OF THE G.O.(P) NO. 392/2010/H.EDN DATED 10/122010`** ``` Annexure R1(b)TRUE COPY OF THE G.O.(P) NO. 10/H.EDN/2017 DATED 19/3/2017 ``` ``` Annexure R1(c)TRUE COPY OF THE G.O.(RT) NO. 350/2022/HEDN DATED 2/3/2022 Annexure R1(d)TRUE COPY OF THE G.O.(RT) NO. 378/2022/HEDN DATED 8/3/2022 Annexure R1(e)TRUE COPY OF ORDER OF HON'BLE TRIBUNAL DATED 14/6/2021 IN MA (EKM) NO. 844/2021 IN OA (EKM) NO 1125/2020 ``` ``` Annexure R1(f)TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL DATED 7/4/2021 Exhibit P1TRUE COPY OF ORDER DATED 16.12.2022 IN O.A. NO. 426/2022OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ``` ``` Exhibit P2TRUE COPY OF ORIGINAL APPLICATION NO. 426/2022 Exhibit P3TRUE COPY OF REPLY STATEMENT FILED BY THE 1ST RESPONDENT ``` ``` Exhibit P4TRUE COPY OF REPLY STATEMENT FILED BY THE 2NDRESPONDENT BEFORE THE KERALA ``` - **`ADMINISTRATIVE TRIBUNAL,`** - **`THIRUVANANTHAPURAM`** ``` Exhibit P5TRUE COPY OF REJOINDER FILED BY THE PETITIONER TO THE REPLY STATEMENT FILED BY THE 1STRESPONDENT BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ``` ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:16:-`** ## **`APPENDIX OF OP(KAT) 6/2023`** |**`PETITIONER ANNEXURES`**|| |---|---| |**`AnnexureA1`**|**`TRUE COPY OF THE PH.D DEGREE CERTIFICATE`**| ||**`(FACULTY OF SCIENCE) DATED 28-5-2016`**| ||**`ISSUED BY MAHATMA GANDHI UNIVERSITY`**| ||**`KOTTAYAM`**| |**`Annexure A2`**|**`TRUE COPY OF THE APPOINTMENT ORDER NO.`**| ||**`ESTT.A3-46407/90/COLL.EDN. DATED 17.6.1994`**| ||**`OF THE APPLICANT`**| |**`Annexure A3`**|**`TRUE COPY OF APPROVED SENIORITY LIST`**| ||**`PUBLISHED BY THE 1ST RESPONDENT IN KERALA`**| ||**`GAZETTE NOTIFICATION NO. G.O. (P) NO.`**| ||**`25/2017/H.EDN DATED 17-7-2017`**| |**`Annexure A4`**|**`TRUE COPY OF THE SELECT LIST NOTIFICATION-`**| ||**`NO.G.O(P) NO. 13/2018/H.EDN DATED 18-5-`**| ||**`2018 ISSUED BY THE 1ST RESPONDENT`**| |**`Annexure A5`**|**`TRUE COPY OF GO NO.(P) NO.9/2022/H.EDN.`**| ||**`DATED 10.03.2022 ISSUED BY THE 1ST`**| ||**`RESPONDENT`**| |**`Annexure A6`**|**`TRUE COPY OF NOTIFICATION NO. B3/3488/`**| ||**`2022/DCE DATED 28-1-2022 ISSUED BY THE 1ST`**| ||**`RESPONDENT INVITING APPLICATION TO THE`**| ||**`POST OF PRINCIPAL AS PER THE UGC`**| ||**`REGULATION 2018`**| |**`Annexure A7`**|**`TRUE COPY OF THE G.O(RT)NO.350/2022 DN`**| ||**`DATED 2/3/2022 ISSUED BY THE 1ST`**| ||**`RESPONDENT FOR CONSTITUTING THE SELECTION`**| ||**`COMMITTEE FOR SELECTION TO THE POST OF`**| ||**`PRINCIPAL`**| |**`Annexure A8`**|**`TRUE COPY OF THE CIRCULAR NO.`**| ||**`B3/3488/2022/DCE DATED 5.03.2022 ISSUED BY`**| ||**`THE 2ND RESPONDENT`**| |**`Annexure A9`**|**`TRUE COPY OF THE REPRESENTATION DATED 11-`**| ||**`3-2022 SUBMITTED BY THE APPLICANT TO THE`**| ||**`2NDRESPONDENT`**| |**`Annexure A10`**|**`TRUE COPY OF THE ORDER G.O. (RT) NO. 172/`**| ||**`2020/H.EDN DATED 30-1-2020`**| |**`Annexure R1(a)`**|**`TRUE COPY OF THE G.O.(P) NO.`**| ||**`392/2010/H.EDN DATED 10.12.2010 OF THE`**| ||**`HIGHER EDUCATION (C) DEPARTMENT`**| ``` OP(KAT).Nos.6, 12 & 308 of 2023 ``` ## **`-:17:-`** ## **`APPENDIX OF OP(KAT) 6/2023`** ``` Annexure R1(b)TRUE COPY OF THE G.O.(P) NO.10/2017/H.EDN. DATED 19-3-2017 OF THE HIGHER EDUCAATION (F) DEPARTMENT Annexure R1(c)TRUE COPY OF THE G.O.(P) NO.18/2019/H.EDN. DATED 29-06-2019 OF THE HIGHER EDUCATION (C) DEPARTMENT Exhibit P1TRUE COPY OF THE ORIGINAL APPLICATION NO. 418/2022 ALONG WITH DOCUMENTS (ANNEXURES A1 TO A10) FILED BY THE PETITIONER BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL ExhibitP1(a)TRUE COPY OF THE MISCELLANEOUS APPLICATION NO. 2276/2022 DATED 18.11.2022 ALONG WITH G.O DATED 11.02.2019 ISSUED BY THE GOVERNMENT (ANNEXURE 11) Exhibit P2TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT ALONG WITH ANNEXURES BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P3TTRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P4CERTIFIED COPY OF THE COMMON ORDER DATED 16-12-2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN OA NO. 418 OF 2022 ```