Pradeep S. v. The Kerala State Co-operative Union, The State of Kerala, and The University Grants Commission

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **WEDNESDAY, THE 30TH DAY OF AUGUST 2017/8TH BHADRA, 1939** **WP(C).No. 10379 of 2017 (V)** **----------------------------** ## **PETITIONER:** ## **----------** **PRADEEP. S,** **AGED 43 YEARS, S/O.SUKUMARAN NAIR,** **SOFTWARE ENGINEER, RESIDING AT SUPRIYA, VELLOORKONAM, KUVALASSERY P.O., THIRUVANANTHAPURAM-695512.** **BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW** ## **RESPONDENT(S):** **--------------** **1. THE KERALA STATE CO-OPERATIVE UNION, REP. BY ITS SECRETARY, SAMSTHANA SAHAKARANA BHAVAN, OOTTUKUZHY, THIRUVANANTHAPURAM-695001.** **2. THE STATE OF KERALA,** **REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** **3. THE UNIVERSITY GRANTS COMMISSION, REP. BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002.** **R1 BY ADV. SRI.MOHAMMED NIAS.C.P., SC** **R2 BY GOVERNMENT PLEADER SMT THUSHARA JAMES R3 BY ADV. SRI.S.KRISHNAMOORTHY, CGC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **K.V.** ## **WP(C).No. 10379 of 2017 (V)** **----------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS -----------------------** |**EXHIBIT P1**|**A TRUE COPY OF THE CERTIFICATE DATED 11/9/1996 ISSUED**| |---|---| ||**TO THE PETITIONER FROM UNIVERSITY OF KERALA.**| |**EXHIBIT P2**|**A TRUE COPY OF THE CERTIFICATE ISSUED TO THE**| ||**PETITIONER FROM SIKKIM MANIPAL UNIVERSITY.**| |**EXHIBIT P3**|**A TRUE COPY OF MICROSOFT CERTIFICATE OF EXCELLENCE AS**| ||**A MICROSOFT CERTIFIED SYSTEMS ADMINISTRATOR.**| |**EXHIBIT P4**|**A TRUE COPY OF THE MICROSOFT CERTIFICATE OF EXCELLENCE**| ||**OF THE MICROSOFT CERTIFIED PROFESSIONAL.**| |**EXHIBIT P5**|**A TRUE COPY OF THE MICROSOFT CERTIFICATE OF EXCELLENCE**| ||**AS A MICROSOFT CERTIFIED TECHNOLOGY SPECIALIST.**| |**EXHIBIT P6**|**A TRUE COPY OF THE CERTIFICATE ISSUED ON 25.8.2008 BY**| ||**THE TALLY CERTIFIED PROFESSIONAL.**| |**EXHIBIT P7**|**A TRUE COPY OF THE CERTIFICATE ISSUED BY THE MICROSOFT**| ||**CERTIFICATE OF EXCELLENCE CERTIFYING THE PETITIONER AS**| ||**MICROSOFT CERTIFIED SYSTEMS ENGINEER.**| |**EXHIBIT P8**|**A TRUE COPY OF THE CERTIFICATE ISSUED TO THE**| ||**PETITIONER BY THE INSTITUTE OF CERTIFIED BOOKKEEPERS.**| |**EXHIBIT P9**|**A TRUE COPY OF THE CERTIFICATE OF BUSINESS**| ||**PROFESSIONAL PROGRAMMER ISSUED BY DOEACC SOCIETY.**| |**EXHIBIT P10**|**A TRUE COPY OF THE CERTIFICATE ISSUED BY UNIVERSITY OF**| ||**KERALA FOR POST GRADUATE DIPLOMA IN COMPUTER**| ||**APPLICATIONS.**<br>**.**| |**EXHIBIT P11**|**A TRUE COPY OF THE CERTIFICATE DATED 24.2.2012 ISSUED**| ||**BY THE MANAGING DIRECTOR OF COSTECH.**| |**EXHIBIT P12**|**A TRUE COPY OF THE ORDER DATED 28.6.2010 ISSUED BY THE**| ||**ADDITIONAL REGISTRAR/SECRETARY OF THE 1ST RESPONDENT.**| |**EXHIBIT P13**|**A TRUE COPY OF THE CERTIFICATE ISSUED BY THE**| ||**ADDITIONAL REGISTRAR/SECRETARY OF THE 1ST RESPONDENT.**| |**EXHIBIT P14**|**A TRUE COPY OF THE ORDER DATED 21.7.2016 ISSUED BY THE**| ||**ADDITIONAL REGISTRAR/SECRETARY.**| |**EXHIBIT P15**|**A TRUE COPY OF THE COMMUNICATION DATED 23.12.2015.**| |**EXHIBIT P16**|**A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE**| ||**PETITIONER ON 09.05.2016.**| |**EXHIBIT P17**|**A TRUE COPY OF THE DOCUMENT SHOWING THE SCALE OF PAY**| ||**AND THE QUALIFICATION PRESCRIBED FOR THE POST OF**| ||**SOFTWARE ENGINEER PROVIDED BY 1ST RESPONDENT UNDER RTI**| ||**ACT.**| **WP(C).No. 10379 of 2017 (V)** ## **----------------------------** **EXHIBIT P18 A TRUE COPY OF THE RELEVANT PAGES OF THE OFFICIAL WEBSITE OF SIKKIM MANIPAL UNIVERSITY.** **EXHIBIT P19 A TRUE COPY OF THE LETTER DATED 21.3.2016 ISSUED BY THE JOINT SECRETARY OF UGC. EXHIBIT P20 TRUE COPY OF THE LETTER ISSUED DURING MAY 2016 BY UGC TO SIKKIM MANIPAL UNIVERSITY.** **EXHIBIT P21 A TRUE COPY OF THE LETTER DATED 08.2.2001 ISSUED BY THE UGC TO THE SIKKIM MANIPAL UNIVERSITY. EXHIBIT P22 A TRUE COPY OF G.O.(MS) NO.526 DATED 17.7.1965. EXHIBIT P23 A TRUE COPY OF GO(P) NO.349/77/GAD DATED 14.10.1977. EXHIBIT P24 A TRUE COPY OF THE ORDER DATED 15.5.2009 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P25 A TRUE COPY OF THE ORDER DATED 24.11.2009. EXHIBIT P26 A TRUE COPY OF THE ORDER DATED 01.6.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P27 A TRUE COPY OF THE ORDER DATED 11/5/2016 ISSUED BY THE 1ST RESPONDENT RECOMMENDING REGULARIZATION OF 12 PART TIME LECTURERS. EXHIBIT P28 A TRUE COPY OF THE ORDER DATED 9/2/2016. EXHIBIT P29 A TRUE COPY OF THE ORDER DATED 15/2/23016 ISSUED BY THE 1ST RESPONDENT EXHIBIT P30 A TRUE COPY OF THE REPRESENTATION DATED 2/12/2016. RESPONDENT(S)' EXHIBITS ----------------------R1(A) TRUE COPY OF THE ORDER NO ADM (1) 4269/2010 DATED 31.8.2011. R1(B) TRUE COPY OF THE ORDER DATED 15..6.2012. R1(C) TRUE COPY OF THE ORDER DATED 8..8.2014. R1(D) TRUE COPY OF THE ORDER DATED 13.7.2015 R1(E) TRUE COPY OF THE ORDER DATED 21.7.2016 R1(F) TRUE COPY OF THE STAFF REGULATION RULES PRESCRIBING THE QUALIFICATION FOR THE POST OF SOFTWARE ENGINEER. R1(G) TRUE COPY OF THE ORDER DATED 8.9.2015 R1(H) TRUE COPY OF THE ORDER DATED 23.12.2015** **WP(C).No. 10379 of 2017 (V)** ## **----------------------------** **R1(I) TRUE COPY OF THE ORDER NO ADM (1) 11527/13 (1) DATED 15.5.2015. R1(J) TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED 22.3.2017.** **K.V. P.S.TO JUDGE** ## **ANU SIVARAMAN, J.** ## **= = = = = = = = = = = = = = =** ## **W.P.(C).No.10379 of 2017 = = = = = = = = = = = = = = = Dated this the 30[th] day of August, 2017** ## **JUDGMENT** ## 1.The prayers in this writ petition are as follows:- - i. Issue a Writ of Mandamus or any other appropriate Writ, order or direction commanding the 1[st] respondent to regularise the service of the petitioner as a Software Engineer without insisting for an equivalency certificate in respect of the Post Graduate Degree of Master of Computer Applications awarded to the petitioner by the Sikkim Manipal University. - ii. Issue a Writ of Mandamus or any other appropriate Writ, order or direction commanding respondent No.1 to consider the petitioner's Exhibit P16 application for regularisation in service as a Software Engineer without insisting for any equivalency Certificate in respect of the Post Graduate Degree of Master of Computer Applications awarded to the petitioner by the Sikkim Manipal University after affording an opportunity of being heard to the petitioner in the light of Exhibits P24 to P26 within a specific timeframe to be fixed by the Hon'ble Court. - iii. Issue an appropriate writ, order or direction declaring that the petitioner is duly qualified to be appointed and regularised in service as a Software Engineer in the 1[st] respondent and that MCA Degree offered by the Sikkim Manipal University is a recognised course by the University Grants Commission and that W.P.(C).No.10379/17 2 the 1[st] respondent is bound to regularise the petitioner in service as a Software Engineer without insisting for an Equivalency Certificate in respect of the MCA Post Graduate Degree secured by him from the Sikkim Manipal University. - 2.Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned standing counsel appearing for the first respondent. - 3.The petitioner contends that he has a Master of Computer Applications (MCA for short) qualification awarded by the Sikkim Manipal University and the certificate in respect of the same is produced as Exhibit P2. By Exhibit P19, the University Grants Commission has recognised the said qualification which is awarded after study through Distance mode from 15.10.2009 onwards. In the case of the qualifications recognised by the UGC, the petitioner contends that no further equivalency certificate from any of the Universities in Kerala is required. It is further submitted that the petitioner had been appointed as Software Engineer in the 1[st] respondent in a sanctioned post. It is also submitted that W.P.(C).No.10379/17 3 the qualification prescribed for appointment as Software Engineer is MCA, which the petitioner possesses. The request of the petitioner for regularisation has been rejected on the ground that the petitioner did not produce the equivalency certificate. The petitioner has a specific case that several other persons who had been appointed on contract basis have already been regularised in service by the 1[st] respondent. The petitioner produced Exhibits P24 to P26 to substantiate his contention. 4.A counter affidavit has been filed on behalf of the 1[st] respondent. It is contended that the petitioner had been appointed on contract basis and the contract was being renewed from time to time. It is further submitted that the petitioner had made a request for regularisation which was considered by the 1[st] respondent and it was found that since his MCA degree was the one acquired from the Sikkim Manipal University through Distant Education mode, the petitioner was required to produce an equivalency certificate. However, it is stated that by Exhibit R1(j) Government Order W.P.(C).No.10379/17 4 dated 22.03.2017, the Government had directed that regularisation of contract employees shall not be done in the Co-operative Institutions. This is the reason for the refusal of regularisation of the service of the petitioner. - 5.A reply affidavit has been filed by the petitioner. The petitioner produced similar orders by which other contract employees under the 1[st] respondent had been regularised. The learned counsel for the petitioner also relies on the decision of the Apex Court in **Nihal Singh and others v. State of Punjab and others** .[2013 KHC 4607] to contend that persons who have been working for considerably long periods are entitled to regularisation. - 6.I have considered the contentions advanced. The petitioner produced Exhibit P2 certificate showing his qualification. He has also produced Exhibit P19 to show that the qualification acquired by him is one recognised by the UGC. In the above circumstances, the insistence by the 1[st] respondent that equivalency certificate has to be produced for considering the W.P.(C).No.10379/17 5 petitioner's claim for regularisation was totally misconceived. In view of the fact that the qualification prescribed is MCA, the petitioner who has the said qualification which is recognised by the UGC is to be reckoned as qualified candidate. - 7.With regard to the contentions now raised by the 1[st] respondent that this has been interdicted from regularising contract employees, it is clear from the documents produced by the petitioner that several similarly situated employees had already been regularised, while the petitioner's request for regularisation was pending. In the above circumstances, the petitioner's request for regularisation has also to be considered at par with those similarly situated employees who had been regularised by Exhibits P24 to P26 orders. In these circumstances, there will be a direction to the 1[st] respondent to take up the request made by the petitioner for regularisation of his service and to pass orders on the same treating him as fully qualified, without insisting on the equivalency certificate for the qualification possessed by him, 6 W.P.(C).No.10379/17 in the light of Exhibits P24 to P26. This shall be done within a period of one month from the date of receipt of a copy of this judgment. sd/- **Anu Sivaraman, Judge** sj/30/8/17