Soumya Salas v State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942** ## **WP(C).No.7426 OF 2013(C)** ## **PETITIONER/S:** **SOUMYLA SALAS W/O.GLANCY XAVIOR, C.C.11/1347, PONNAMPURACKAL HOUSE, CENTRE ODATHA, KOCHI-682001.** **BY ADV. SRI.V.VARGHESE** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER SECONDARY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.** - **3 UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695146.** - **4 MANAGER ST.MICHAEL'S COLLEGE, MAYITHARA P.O., CHERTHALA, ALAPPUZHA DISTRICT-688539.** - **5 THE PRINCIPAL ST.MICHAEL'S COLLEGE, MAYITHARA P.O., CHERTHALA, ALAPPUZHA DISTRICT-688539.** - **6 JAMES MANUAL LECTURER (ASSISTANT PROFESSOR) IN CHEMISTRY, ST.MICHAEL'S COLLEGE, MAYITHARA P.O., CHERTHALA, ALAPPUZHA DISTRICT-688539.** - **7 JOSEPH LIBIN K.L. LECTURER (ASSISTANT PROFESSOR) IN CHEMISTRY, ST.MICHAEL'S COLLEGE, MAYITHARA P.O., CHERTHALA, ALAPPUZHA DISTRICT-688539.** **R1 BY GOVERNMENT PLEADER** **R1, R4 BY ADV. SRI.C.V.ALEXANDER R1 BY ADV. SRI.BABU VARGHESE SR.** **R1 BY ADV. SRI.GEORGE POONTHOTTAMSCKERALA UTY.** ## **WP(C).No.7426 OF 2013(C) and conctd. cases** **2** **R1 BY SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA** **R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R3 BY ADV. SRI.GEORGE POONTHOTTAM,SC,KERALA UTY.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2021, ALONG WITH WP(C).1518/2014(L), WP(C).32051/2016(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.7426 OF 2013(C) and conctd. cases** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942** ## **WP(C).No.1518 OF 2014** ## **PETITIONER/S:** **SOUMYA SALAS AGED 31 YEARS W/O. GLANCY XAVIOR, C.C. 11/1347, PONNAMPURACKAL HOUSE, CENTRE ODATHA, KOCHI-682001. BY ADV. SRI.V.VARGHESE** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION**| ||**DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**UNIVERSITY OF KERALA**| ||**REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS,**| ||**PALAYAM, THIRUVANANTHAPURAM-695146.**| |**3**|**MANAGER**| ||**ST. MICHAEL'S COLLEGE, MAYITHARA P.O., CHERTHALA,**| ||**ALAPPUZHA DISTRICT-688539.**| |**4**|**SRI.JOSEPH LIBIN K.L**| ||**LECTURER/ASSISTANT PROFESSOR IN CHEMISTRY,**| ||**ST.MICHALE'S COLLEGE,MAYITHARA P. O,CHERTHALA-688**| ||**539.**| |**5**|| ||**DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM**| ||**R1, R3 BY ADV. SRI.C.V.ALEXANDER**| ||**R1 BY ADV. SRI.BABU VARGHESE SR.**| ||**R1 BY ADV. SRI.V.NARAYANA SWAMI**| ||**R1 BY ADV. SRI.GEORGE POONTHOTTAMSCKERALA UTY.**| ||**R1 BY SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF**| ## **WP(C).No.7426 OF 2013(C) and conctd. cases** **4** ## **KERALA** **R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R2 BY ADV. SRI.GEORGE POONTHOTTAM,SC,KERALA UTY.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2021, ALONG WITH WP(C).7426/2013(C), WP(C).32051/2016(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.7426 OF 2013(C) and conctd. cases** **5** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942** ## **WP(C).No.32051 OF 2016** ## **PETITIONER/S:** **JOSEPH LIBIN AGED 28 YEARS, S/O.LAWRENCE K.B., ASSISTANT PROFESSOR, DEPARTMENT OF CHEMISTRY, ST.MICHAEL'S COLLEGE, CHERTHALA.** **BY ADVS. SRI.BABU VARGHESE (SR.) SRI.C.V.ALEXANDER** ## **RESPONDENT/S:** - **1 THE MANAGER, ST.MICHAELS COLLEGE CHERTHALA 688 524.** - **2 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **3 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033.** - **4 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION ERNAKULAM 682 011.** - **5 THE UNIVERSITY OF KERALA REPRESETNED BY THE REGISTRAR, SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM 695 034.** - **6 SOUMYA SALAS AGED 33 YEARS W/O.GLANCY XAVIOR, CC.11/1347, PONNAMPURACKAL HOUSE, CENTRE ODATHA, KOCHI 682 001.** - **R1, R6 BY ADV. SRI.V.VARGHESE** ## **WP(C).No.7426 OF 2013(C) and conctd. cases** **6** **R5 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2021, ALONG WITH WP(C).7426/2013(C), WP(C).1518/2014(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.7426 OF 2013(C) and conctd. Cases** **7** ## **JUDGMENT** ## **Dated this the 11[th] day of February 2021** The captioned writ petitions are disposed of by this common judgment. 2. The petitioner in W.P.(C)No.7426 alleged to have undergone a horrendous time vis – a vis her first selection in the year 2010 as Assistant Professor and on account of the nonavailability of working hours, was, not permitted to join duty after 29.3.2012. The petitioner assailed the afore-mentioned action vide W.P.(C)No.23655/2013, which was dismissed as withdrawn with liberty to file fresh one. In the present writ petition multifold relief has been sought. It is contended that after 29.3.2012, a vacancy, on account of the retirement of one Assistant Professor, arose. Ext.P13 is the minutes of the selection committee, which contains the rank list dated 29.7.2012, in which petitioner was included as rank No.4. However, Sri.Joseph Libin as rank No.2 was not given appointment in view of the pendency of the adjudication. Midhun Dominic, Rank No.3 got appointment in some other list ## **WP(C).No.7426 OF 2013(C) and conctd. cases** ## **8** as evidenced from Ext.P21. 3. Learned Counsel for the petitioner in W.P.(C)No.1518/2014 and 7426/2013 submitted that the appointment of Sri.James Manuel, Rank No.1, 6[th] respondent herein by the second advertisement was not in pursuance to qualification prescribed in as much as that he did not have Ph.D in Chemistry and his Ph.D. is in Engineering obtained from the Gyengsang National University, Korea. Though the University attempted to justify its stand by giving reference to certain manual, vide order dated 17.1.2014, Ext.P20, petitioner received information from the University of Kerala that the initial appointment of James Manual as Assistant Professor had been rejected. Learned Counsel for the petitioner submitted that at this stage the petitioner is eligible for appointment as the selection of the 6[th] respondent is pending adjudication. 4. The petitioner was constrained to file another writ petition W.P.(C)No.1518/2014, by that time the University has caused another advertisement in 2013 for filling up the post of Assistant Professor in Chemistry. This Court vide order ## **WP(C).No.7426 OF 2013(C) and conctd. cases** **9** dated 21.10.2014 directed that the appointment of the 4[th] respondent, therein ie., Sri.Joseph Libin shall be subject to the outcome of that writ petition. However, the approval on the same is pending. Aggrieved by the delay in approval of his appointment; filed W.P.(C) No.32051/2016. 5. Sri.Babu Varghese, learned Counsel appearing for the petitioner in W.P.(C)32051/2016 has at this stage a simple legal proposition that the validity of the rank list already expired in 2013. In view of the settled law, even if some prayer is made out, no direction can be issued for appointment after the expiry of the rank list and urges this Court for dismissal of the writ petition. 6. In W.P.(C) No.32051/2016, it is averred that in pursuance to the advertisement of 2013, petitioner, Sri.Joseph Libin was appointed as Assistant Professor in Chemistry, after having been duly selected by a statutorily constituted Selection committee consisting of Government and Government nominees. His appointment was against a substantive vacancy caused by the death of Sri.Cherian ## **WP(C).No.7426 OF 2013(C) and conctd. cases** **10** J.Kattezham. Though the petitioner has been paid salary from the month of April, 2015 onwards, he is yet to be sanctioned eligible annual increments, arrears of salary for the period from 14.1.2013 to 31.3.2015 and Provident Fund. He therefore, sought indulgence of this Court for quashing Exts.P5 and P6, whereby payment of arrears and other benefits have been kept in abeyance. 7. I have heard learned Counsel for the parties and appraised the paper books. 8. Learned Counsel for the petitioner in W.P.(C) No.32051/2016, Sri.Babu Varghese relied the judgment of the Division Bench of this Court in **Kerala Public Service Commission v. Sheeja Mol [2020 (5) KLT 718]** and many other judgment to say that on expiry of the rank list during the pendency of the writ petition the Court cannot issue direction for appointment, even if, the facts and circumstances much less the documents justify the case in favour of the petitioner. 9. On perusal of Ext.P13 rank list as well as Ext.P20, it ## **WP(C).No.7426 OF 2013(C) and conctd. cases** **11** was found that the appointment of the 6[th] respondent has been rejected but petitioner had fair chance for appointment, but the luck did not favour her owing to the lapse of time. In such circumstances I cannot direct the University to appoint Smt.Soumya Salas, petitioner in W.P.(C)No.7426/2014. However, the salary and other benefits from 3.11.2010 to 29.3.2012 shall be considered by the Government within a period of one month from the date of receipt of the certified copy of the judgment. W.P.(C)No.7426/2013 is disposed of with the above direction. 10. As far as W.P.(C)No.1518 is concerned, the petitioner did not participate in pursuance to the advertisement Ext.P4. Therefore, I do not find any reason to interfere in this matter. Accordingly, the same is dismissed. W.P.(C)No. 32051/2016 is concerned, interim order passed previously basically tantamount to disposal of the matter so without commenting further the interim order in W.P.(C)No.1518/2014 dt.21.10.201 is made absolute and the Deputy Director of Collegiate Education is directed to pay the ## **WP(C).No.7426 OF 2013(C) and conctd. cases** **12** arrears of salary, increments and as well as all other consequential benefits including the Provident Fund, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the certified copy of the judgment. ## **Sd/** **AMIT RAWAL JUDGE** **Jm/** **WP(C).No.7426 OF 2013(C) and conctd. cases** **13** ## **APPENDIX OF WP(C) 7426/2013** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 EXT.P1;-TRUE COPY OF THE NOTIFICATION WHICH APPEARED IN DEEPIKA DAILY DTD 19/5/2010** **EXHIBIT P2 EXT.P2:TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE EVIDENCING THE FACT THAT THE PETITIONER WAS RANK NO 4 UNDER COMMUNITY QUOTA** - **ANNEXURE P3 EXT.P3:-TRUE COPY OF THE GO(MS)NO 260/2010/H.EDN DTD 20/8/2010 ALONG WITH THE RELEVANT EXTRACT OF THE ANNEXURE THERETO** - **EXHIBIT P4 EXT.P4:-TRUE COPY OF THE APPOINTMENT ORDER NO 1 TS /11/2010 DTD 3/11/2010 OF THE 4TH RESPONDENT** - **EXHIBIT P5 EXT.P5:-TRUE COPY OF THE LETTER NO A/UGC/1/2010 DTD 23/12/2010 OF THE PRINCIPAL OF ST.MICHAEL'S COLLEGE CHERTHALA ADDRESSED TO THE REGISTRAR OF THE UNIVERSITY OF KERALA** - **EXHIBIT P6 EXT.P6:-TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF NEW APPOINTMENTS FORWARDED TO THE UNIVERSITY BY THE PRINCIPAL OF THE COLLEGE** - **EXHIBIT P7 EXT.P7:-TRUE COPY OF THE SENIORITY LIST OF TEACHERS IN THE DEPARTMENT OF CHEMISTRY AS ON 01/04/2010.PUBLISHED BY THE PRINCIPAL OF THE COLLEGE** - **EXHIBIT P8 EXT.P8:-TRUE COPY OF THE MINUTES OF THE SYNDICATE MEETTING DTD 22/3/2012 ENCLOSING THE RELEVANT EXTRACT OF THE MINUTES OF THE STANDING COMMITTEE** **EXHIBIT P9 EXT.P9:-TRUE COPY OF THE LETTER NO ACF III/2/47466/2012 DTD 4/10/2012 OF THE REGISTRAR OF THE UNIVERSITY OF KERALA EXHIBIT P10 EXT.P10:-TRUE COPY OF THE RELEVANT EXTRACT** ## **WP(C).No.7426 OF 2013(C) and conctd. cases** **14** ## **OF TH2010 UGC REGULATIONS** **EXHIBIT P11 EXT.P11:-TRUE COPY OF THE LETTER NO ACB1/009314/10/3797 DTD 18/10/2010 OF THE REGISTRAR OF COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY** - **EXHIBIT P12 EXT.P12:-TRUE COPY OF TEH TRAVELLING AND HALTING ALLOWANCE BILL DTD 30/5/2012 OF THE UNIVERSITY OF KERALA** - **EXHIBIT P13 EXT.P13:-TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE THAT MET ON 29/7/2012** - **EXHIBIT P14 EXT.P14:-TRUE COPY OF THE ORDER NO 1- TS/101/2012 DTD 1/8/2012 OF THE 4TH RESPONDENT** - **EXHIBIT P15 EXT.P15:-TRUE COPY OF THE PH.D DEGREE CERTIFICATE ALONG WITH THE ACADEMIC RECORD PRODUCED BY THE 6TH RESPONDENT FOR OBTAINING APPOINTMENT AS ASSISTANT PROFESSOR IN CHEMISTRY** - **EXHIBIT P16 EXT.16:-TRUE COPY OF THE UGC(MINIMUM STANDARDS AND PROCEDURE FOR AWARDS OF M.PHIL/PH.D.DEGREE)REGULATION 2009** **EXHIBIT P17 EXT.17:-TRUE COPY OF PRESS RELEASE DTD 22/11/2012 ISSUED BY THE UNIVERSITY EXHIBIT P18 EXT.P18:TRUE COPY OF THE LIST OF UNIVERSITIES CERTIFIED BY THE TIMES HIGHER EDUCATION** **WP(C).No.7426 OF 2013(C) and conctd. cases** **15** ## **APPENDIX OF WP(C) 1518/2014** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **EXHIBIT P1- TRUE COPY OF THE POST OF THE RANKED LIST FOR THE POST OF LECTURER/ASSISTANT PROFESSOR IN CHEMISTRY.** **EXHIBIT P2** **EXHIBIT P2- TRUE COPY OF THE APPOINTMENT ORDER NO. A-TS/11/2010 DATED 3-11-2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER APPOINTING HER AS ASSISTANT PROFESSOR IN CHEMISTRY (UGC SCHEME).** - **EXHIBIT P3 EXHIBIT P3- TRUE COPY OF THE RANKED LIST FOR THE POST OF LECTURER IN CHEMISTRY IN THE 3RD RESPONDENT'S COLLEGE IN COMMUNITY QUOTA.** **EXHIBIT P4 EXHIBIT P4- TRUE COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 19-12-2013.** **EXHIBIT P5** - **EXHIBIT P5-A TRUE COPY OF THE REPRESENTATION DATED 27-12-2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** **EXHIBIT P6 EXHIBIT P6- TRUE COPY OF THE LETTER DATED 30-12-2013 ISSUED BY THE PRINCIPAL OF THE 3RD RESPONDENT'S COLLEGE, ISSUED TO THE PETITIONER'S HUSBAND IN RESPONSE TO AN APPLICATION UNDER RIGHT TO INFORMATION ACT.** **WP(C).No.7426 OF 2013(C) and conctd. cases** **16** ## **APPENDIX OF WP(C) 32051/2016** ## **PETITIONER'S/S EXHIBITS:** ## **P1** **TRUE COPY OF THE MINUTES OF THE MEETING OF THE SELECTION COMMITTEE HELD ON 29TH JULY, 2012, WHICH RECOMMENDED THE PETITIONER FOR APPOINTMENT AFTER ASSIGINGIN HIM 2ND RANK IN THE RANK LIST UNDER COMMUNITY MERIT QUOTA** **P2 TRUE COPY OF THE INTERIM ORDER DATED 21ST OCTOBER, 2014 IN WPC NO.1518/2014** **P3 TRUE COPY OF TH EAPPROVAL ORDER DATED 25.6.2014 ISSUED BY THE 5TH RESPONDENT UNIVERSITY** **P4 TRUE COPY OF THE INTERIM ORDER DATED 7TH APRIL, 2015 IN WPC NO.1518/2014** **P5 TRUE COPY OF TH ELETTER NO. D-1/7820/2015 DATED 29.10.2015 SENT BY THE 4TH RESPONDENT TO THE PRINCIPAL OF THE COLLEGE.** **P6** **TRUE COPY OF THE LETTER NO. E3/6503/2015 DATED 16.12.2015 SENT BY THE 4TH RESPONDENT OT THE PRINCIPAL OF THE COLLEGE.**