WA Nos. 1271/2020, 1279/2020, and 1340/2020

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** ## **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942** ## **WA.No.1271 OF 2020** **AGAINST THE JUDGMENT DATED 14.8.2020 IN WP(C) 16341/2019(P) OF HIGH COURT OF KERALA** ## **APPELLANT/RESPONDENT NO.9 IN WPC:** **DR.RAJEEVAN.R, AGED 55 YEARS S/O.RAGHAVAN PILLAI, PRINCIPAL, NSS COLLEGE, RAJAKUMARI,KULAPPARACHAL P.O., IDUKKI DISTRICT691 306, RESIDING AT THENGUVILA PUTHENVEED, AERUM, THADICAUD P.O., KOLLAM-691 306.PH.9447045593** **BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SMT.T.S.LIKHITHA** ## **RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 8 & 10 TO 12 IN THE WPC:** - **1 DR.M.V.SURESH, AGED 55 YEARS ASSOCIATE PROFESSOR (ECONOMICS), NSS HINDU COLLEGE, CHANGANACHERRY, RESIDING AT MANDATTU HOUSE, VELLIYARA P.O., AYROOR, PATHANAMTHITTA689 612** - **2 DIRECTOR OF COLLEGIATE EDUCATION 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM,KERALA-695 033** WA Nos.1271, 1279 & 1340/20 -:2:- - **3 NSS EDUCATIONAL SECRETARY N.S.S. COLLEGES' CENTRAL COMMITTEE, NSS HEAD QUARTERS, PERUNNA, CHANGANACHERRY-2, KOTTAYAM DISTRICT.** - **4 UNIVERSITY OF KERALA REP.BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM-695 034** - **5 MAHATMA GANDHI UNIVERSITY REP.BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., ATHIRAMPUZHA, KOTTAYAM - 686 672** - **6 CALICUT UNIVERSITY REP.BY ITS REGISTRAR, TIRUR - CALICUT ROAD, CALICUT UNIVERSITY P.O., THENHIPALAM, KOZHIKODE-673 635** - **7 KANNUR UNIVERISTY REP.BY ITS REGISTRAR, THAVAKKARA CIVIL STATION P.O., KANNUR DISTRICT-670 002** - **8 DR.P.GEETHA, PRINCIPAL NSS COLLEGE, MANJERI, COLLEGE ROAD, KUTTAN THAMPURAN, MANJERI, MALAPPURAM DISTRICT-676 122** - **9 DR.M.R.RENUKA PRINCIPAL, SVR NSS COLLEGE VAZHOOR, THEERTHAPADAPURAM, VAZHOOR, KOTTAYAM DISTRICT-686 505** - **10 DR.ANIL KUMAR V.V., PRINCIPAL, NSS COLLEGE, NILAMEL, SH 1, NILAMEL, KOLLAM DISTRICT-691 536** - **11 DR.M.S.ANIL KUMAR, PRINCIPAL PRINCIPAL, MAHATMA GANDHI COLLEGE, KESAVADASAPURAM, PATTOM P.O., SREE NAGAR, THIRUVANANTHAPURAM DISTRICT-695 004.** WA Nos.1271, 1279 & 1340/20 -:3:- **12 DR.V.M. ANANDAKUMAR, PRINCIPAL, VTM NSS COLLEGE, DHANUVACHAPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM-695 503.** **R1 BY SRI.LIJU V. STEPHEN R3 BY SRI. P. GOPAL R4 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R5 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY R6 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY R7 BY ADV. SRI.M.SASINDRAN R8 BY ADV. SRI.PRADEEP KRISHNA SRI. A.J. VARGHESE- SR. G.P.R2** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06-012021, ALONG WITH WA.1279/2020, WA.1340/2020, THE COURT ON 13-01-2021 DELIVERED THE FOLLOWING:** WA Nos.1271, 1279 & 1340/20 -:4:- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942** ## **WA.No.1279 OF 2020** **AGAINST THE JUDGMENT DATED 14.8.2020 IN WP(C) 16341/2019(P) OF HIGH COURT OF KERALA** ## **APPELLANT/2ND RESPONDENT:** **THE SECRETARY, N.S.S. COLLEGES CENTRAL COMMITTEE, N.S.S HEAD QUARTERS, PERUNNA, CHANGANACHERRY-2, KOTTAYAM DISTRICT** **BY ADV. SRI.P.GOPAL** ## **RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 3 TO 12:** **1 DR.M.V.SURESH AGED 54 YEARS ASSOCIATE PROFESSOR (ECONOMICS), NSS HINDU COLLEGE, CHANGANACHERRY, RESIDING AT MANATTU HOUSE, VELLIYARA P.O, AYROOR, PATHANAMTHITTA 689 612.** **2 DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANNATHAPURAM, KERALA 695 033** WA Nos.1271, 1279 & 1340/20 -:5:- - **3 UNVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM 695 034** - **4 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O, ATHIRAMPUZHA, KOTTAYAM 686 672** - **5 CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR , TIRUR-CALICUT ROAD, CALICUT UNIVERSITY P.O, THENHIPALAM, KOZHIKODE 673 635** - **6 KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR , THAVAKKARA, CIVIL STATION P.O, KANNUR DISTRICT, PIN 670 002** - **7 DR. P. GEETHA, PRINCIPAL , NSS COLLEGE, MANJERI, COLLEGE ROAD, KUTTAN THAMPURAN, MANJEERI, MALAPPURAM DISTRICT 676 122** - **8 DR. M.R RENUKA, PRINCIPAL, SVR NSS COLLEGE, VAZHOOR, THEERTHAPADAPURAM, VAZHOOR, KOTTAYAM DISTRICT 686 505** - **9 DR. RAJEEVAN, PRINCIPAL, NSS COLLEGE, RAJAKUMARI, KULAPPARACHAL P.O, RAJAKUMARI, IDUKKI DISTRICT 685 619** - **10 DR. ANIL KUMAR V.V, PRINCIPAL, NSS COLLEGE, NILAMEL, SH 1, NILAMEL, KOLLAM DISTRICT 691 536** **11 DR. M.S ANILKUMAR, PRINCIPAL, MAHATMA GANDHI COLLEGE, KESAVADASAPURAM, PATTOM P.O, SREE VIHAR, THIRUVANANTHAPURAM DISTRICT 695 004** WA Nos.1271, 1279 & 1340/20 -:6:- **12 DR. V.M ANANDAKUMAR, PRINCIPAL, VTM NSS COLLEGE, DHANUVACHAPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM 695 503.** **R1 BY LIJU V. STEPHEN R3 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R4 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY R5 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY R6 BY ADV. SRI.M.SASINDRAN R7, R9 BY ADV. SRI.ELVIN PETER P.J. R2 BY SRI. A.J. VARGHESE SR. GP** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06-012021, ALONG WITH WA.1271/2020, WA.1340/2020, THE COURT ON 13-01-2021 DELIVERED THE FOLLOWING:** WA Nos.1271, 1279 & 1340/20 -:7:- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942** ## **WA.No.1340 OF 2020** **AGAINST THE JUDGMENT DATED 14.8.2020 IN WP(C) 16341/2019(P) OF HIGH COURT OF KERALA** ## **APPELLANT/RESPONDENT NO.7 IN WPC:** **DR. P.GEETHA AGED 56 YEARS W/O.K.N.JAYAPRAKASH, PRINCIPAL, NSS COLLEGE, MANJERI, COLLEGE ROAD, KUTTAN THAMPURAN, MANJERI, MALAPPURAM DISTRICT-676122, RESIDING AT SUDARSANAM, VINAYAKA NAGAR 15A, KALLAYAM P.O., THIRUVANANTHAPURAM-695043.** **BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SMT.T.S.LIKHITHA** ## **RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 6 & 8 TO 12 IN** **WPC:** **1 DR. M.V.SURESH AGED 55 YEARS ASSOCIATE PROFESSOR (ECONOMICS), NSS HINDU COLLEGE, CHANGANACHERRY, RESIDING AT MANDATTU HOUSE, VELLIYARA P.O., AYROOR, PATHANAMTHITTA689612.** WA Nos.1271, 1279 & 1340/20 -:8:- - **2 DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033.** - **3 THE SECRETARY, N.S.S.COLLEGES CENTRAL COMMITTEE, NSS HEAD QUARTERS, PERUNNA, CHANGANACHERRY-2, KOTTAYAM DISTRICT.** - **4 UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM-695034.** - **5 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., ATHIRAMPUZHA, KOTTAYAM-686672.** - **6 CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, TIRUR-CALICUT ROAD, CALICUT UNIVERSITY P.O., THENHIPALAM, KOZHIKODE-673635.** - **7 KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THAVAKKARA CIVIL STATION P.O., KANNUR DISTRICT-670002.** - **8 DR.M.R.RENUKA, PRINCIPAL, SVR NSS COLLEGE VAZHOOR, THEERTHAPADAPURAM, VAZHOOR, KOTTAYAM DISTRICT686505.** **9 DR.RAJEEVAN, PRINCIPAL, NSS COLLEGE, RAJAKUMARI, KULAPPAPRACHAL P.O., RAJAKUMARI, IDUKKI DISTRICT-685619.** - **10 DR.ANIL KUMAR V.V., PRINCIPAL, NSS COLLEGE, NILAMEL, SH 1, NILAMEL, KOLLAM DISTRICT-691536.** WA Nos.1271, 1279 & 1340/20 -:9:- - **11 DR.M.S.ANIL KUMAR, PRINCIPAL, MAHATMA GANDHI COLLEGE, KESAVADASAPURAM, PATTOM P.O., SREE NAGAR, THIRUVANANTHAPURAM DISTRICT-695004.** - **12 DR.V.M.ANANDAKUMAR, PRINCIPAL, VTM NSS COLLEGE, DHANUVACHAPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM-695503.** **R1 BY SRI. LIJU V. STEPHEN R2 BY SRI. A.J VARGHESE SR.GP R3 BY SRI. P. GOPAL R4 BY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA R5 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY R6 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY R7 BY ADV. SRI.M.SASINDRAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06-012021, ALONG WITH WA.1271/2020, WA.1279/2020, THE COURT ON 13-01-2021 DELIVERED THE FOLLOWING:** WA Nos.1271, 1279 & 1340/20 -:10:- ## **J U D G M E N T** ## **[WA Nos.1271,1279 & 1340/2020]** Dated this the 13[th ] day of January, 2021 ## _**Shaffique, J.**_ These appeals had been filed challenging judgment dated 14/8/2020 in WP(C) No. 16341/2019. By the impugned judgment, the learned Single Judge had set aside the appointment of respondents 7 and 9 and direction was issued to the 2nd respondent to revise the select list for appointment of Principals and make appointment against the two vacancies from among the qualified hands who had submitted applications/willingness pursuant to Exts.P2 and P3. 2. WA No.1271/2020 and 1340/2020 have been filed by respondents 9 and 7 respectively in WP(C) No. 16341/2019 and WA No. 1279/2020 has been filed by the 2[nd] respondent, the Secretary, NSS Colleges Central Committee. 3. The short facts of the case would disclose as under and the parties are described as shown in the writ petition unless WA Nos.1271, 1279 & 1340/20 -:11:- otherwise stated. 4. In order to fill up the vacancies of Principals in NSS Colleges, willingness had been sought for from Associate Professors eligible for promotion. By Ext.P11 dated 25/3/2019, the 2[nd] respondent had sent a communication to the Principal of NSS College, Nemmara requesting him to obtain willingness of Associate Professors to be considered for promotion having eligibilities mentioned in UGC Notification dated 18/7/2018. A select list has been prepared and 6 Associate Professors were promoted as Principals in various colleges. From among those promoted, according to the writ petitioner, the 7[th] respondent Dr.P.Geetha and 9[th] respondent Dr.Rajeevan, did not have the qualification as per the University Grants Commission (Minimum Qualifications for appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 which was adopted by the State of Kerala as per GO(P) No.28/2019/H.Edn dated 29/9/2019 which came into effect from 18/7/2018, the date of publication of the UGC Regulations WA Nos.1271, 1279 & 1340/20 -:12:- aforesaid. Petitioner contended that the qualification required for being appointed as Principal had underwent a change in the 2018 Regulations and as far as respondents 7 and 9 are concerned, they have not acquired the said qualification. The contention urged by the respondents is that though the 2018 UGC Regulations had come into effect on 18/7/2018, the Regulation was adopted by the Government only on 29/9/2019 and by that time, the selection process as well as the appointments were already made. The petitioner also took up another contention that his service rendered under a different management ought to be reckoned for the purpose of seniority and, if so, he will be senior to most of them. 5. The learned Single Judge after considering the matter observed that the issue is covered by the Full Bench judgment of this Court in _**Radhakrishnan Pillai v. Travancore Devaswom Board**_ [2016 2 KLT 245 (F.B)], which was affirmed by the Apex Court. 6. We heard the learned counsel Sri.Elvin Peter P.J appearing for the appellants in WA Nos.1271/2020 and WA Nos.1271, 1279 & 1340/20 -:13:- 1340/2020, Sri.P.Gopal, learned counsel appearing for the appellant in WA No. 1279/2020 and Sri.Liju V.Stephen, learned counsel appearing for the petitioner. 7. There is no dispute about the fact that the 2018 UGC Regulations have prescribed a different standard for appointment to the post of Principals from what has been stated in the 2010 Regulations. 2010 Regulations stands virtually modified by the 2018 Regulations. The Government had adopted 2018 Regulations on 29/9/2019 and Clause 3 reads as under; _“3. The Regulations shall come into force with effect from 18/7/2018 i.e., the date of publication of the Regulations in the Government of India Gazette (Extra Ordinary)”._ Though a contention had been raised that while issuing administrative orders, the Government cannot retrospectively impose conditions on appointments, as far as the case on hand is concerned, such a principle cannot be adopted especially in the light of the Full Bench judgment in _**Radhakrishnan Pillai's case**_ (supra) wherein also a similar situation had arisen when the 2010 Regulations had come into effect. This Court held at paragraphs 14 and 17 as under:- WA Nos.1271, 1279 & 1340/20 ## -:14:- _“14. According to us, this judgment cannot, in any manner, dilute the principles laid down in the aforesaid judgments for the reason that the State of Kerala itself has adopted the UGC Regulations vide Government Order dated 10.12.2010, which has been extracted in the earlier part of this judgment. Once the UGC Regulations were adopted by the State Government and implemented with effect from 18.9.2010, the Regulations are mandatorily to be complied with by the Universities in the State. It is also clarified that anything that is in conflict with the Central law and the subordinate legislation made thereunder, will be void and inoperative”._ _“17. Therefore, irrespective of whether the University Acts enacted under Entry 25 of list III or the Statutes framed thereunder are amended in line with the UGC Regulations or not, in view of its adoption by the State of Kerala with effect from 18.9.2010 as per Government Order dated 10.12.2010, the Universities and affiliated colleges in Kerala State are bound to comply with the UGC Regulations, 2010. Viewed in that manner, the natural consequence is that the principles laid down by this Court in Raveendran's case cannot be sustained and is overruled”_ . 8. The 2018 Regulations had been deemed to have come into operation on the date notified by the Central Government i.e., 18/7/2018, which date had been adopted by the State Government as well. That apart, as rightly pointed out by the counsel for the petitioner, in Ext.P11 dated 25/3/2019, the NSS WA Nos.1271, 1279 & 1340/20 -:15:- Colleges Central Committee had requested NSS College, Nemmara to obtain the willingness of Associate Professors whose eligibility is to be considered as per 2018 Regulations. Therefore, it is after having taken note of the 2018 Regulations that the select list has been prepared. In that view of the matter, when the vacancy had arisen after 18/7/2018, necessarily the qualification which ought to have been considered would be the qualifications in terms of the 2018 Regulations. 9. We are told that the 7[th] respondent had already retired from service. But the 9[th] respondent is continuing. Learned counsel Sri.Elvin Peter submitted that as far as the 9[th] respondent is concerned, though the requirement of 2010 Regulations was considered by the college authorities, he is also qualified and eligible to be appointed as a Principal based on 2018 Regulations. This fact of course is disputed by the learned counsel appearing for the petitioner. 10. Be that as it may, we do not find any reason to interfere with the judgment of the learned Single Judge. However, while recasting the select list, the credentials of the 9[th] WA Nos.1271, 1279 & 1340/20 -:16:- respondent shall also be considered and it should be verified whether as on the date of selection, 9[th] respondent was qualified to be appointed to the post of Principal as per the 2018 Regulations as well. With the above observation, writ appeals are dismissed. Rp **Sd/A.M.SHAFFIQUE JUDGE Sd/GOPINATH P. JUDGE** WA Nos.1271, 1279 & 1340/20 -:17:- ## **APPENDIX OF WA 1271/2020** ## **APPELLANT'S EXHIBITS:** ## **ANNEXURE A1** **TRUE COPY OF THE PUBLICATION UNDER THE TITLE "150 YEARS OF MAHATMA GANDHI: A RE-READING OF HIS VISION ON ENVIRONMENT AND DEVELOPMENT", WHICH WAS PUBLISHED IN THE JOURNAL 'POLITY AND SOCIETY'.** True Copy PS to Judge Rp