Kerala High Court
Dr. Beena James vs State Of Kerala on 24 June, 2015
Author: P.V.Asha
Bench: P.V.Asha
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY,THE 31ST DAY OF JULY2017/9TH SRAVANA, 1939
WP(C).No. 25225 of 2017 (C)
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PETITIONER(S):
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1. DR. BEENA JAMES,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O, CHERTHALA, ALAPPUZHA-688 539
2. ABIN ALBERT T.,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O, CHERTHALA, ALAPPUZHA-688 539
3. SANEESH SEBASTIAN,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O., CHERTHALA, ALAPPUZHA-688 539
4. TITUS AUGUSTINE,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O., CHERTHALA, ALAPPUZHA-688 539
5. JYOTHY MARY MATHEW,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O, CHERTHALA, ALAPPUZHA-688 539
6. SAM JOHNSON,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O, CHERTHALA, ALAPPUZHA-688 539
7. SOUMYA T CYRIAC,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O, CHERTHALA, ALAPPUZHA-688 539
8. MINI P.A.,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O, CHERTHALA, ALAPPUZHA-688 539
9. DHWAJAM D.B.,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O, CHERTHALA, ALAPPUZHA-688 539
10. SMISHA M.A.,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O, CHERTHALA, ALAPPUZHA-688 539
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WP(C).No. 25225 of 2017 (C)
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11. TENY DAVID,
ASSISTANT PROFESSOR, ST. MICHAEL'S COLLEGE,
MAYITHARA P.O., CHERTHALA, ALAPPUZHA-688 539
BY ADVS. SRI.LIJU.V.STEPHEN
SMT.INDU SUSAN JACOB
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY SECRETARY,
HIGHER EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM- 695 001
2. THE SECRTARY,
DEPARTMENT OF COLLEGIATE EDUCATION,
6TH FLOOR, VIKAS BHAVAN, PALAYAM,
THIRUVANANTHAPURAM, KERALA 695 033
3. THE KERALA UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
UNIVERSITY OFFICE, PALAYAM,
THIRUVANANTHAPRUAM- 695 001
4. REGISTRAR
KERALA UNIVERSITY,
UNIVERSITY OFFICE, PALAYAM,
THIRUVANANTHAPURAM 695 011
5. ST. MICHAEL'S COLLEGE,
MANAGEMENT, CHERTHALA,
REPRESENTED BY ITS MANAGER 685 539.
6. THE PRINCIPAL,
ST.MICHAEL'S COLLEGE,
CHERTHALA, ALAPPUZHA 688 539.
R1& R2 BY SENIOR GOVERNMENT PLEADER.SRI. BIJOY CHANDRAN
R3 & R4 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
hmh
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WP(C).No. 25225 of 2017 (C)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 ATRUE COPY OF THE ADVERTISEMENTS OF THE VACANCIES TO THE
POST OF ASSISTANT PROFESSOR PUBLISHED IN THE HINDU DATED
24-06-2015.
EXHIBIT P2 ATRUE COPY OF THE ADVERTISEMENTS OF THE VACANCIES TO THE
POST OF ASSISTANT PROFESSOR PUBLISHED IN THE HINDU DAILY
NEWS PAPAER DATED 19-12-2013.
EXHIBIT P3 ATRUE COPY OF THE APPOINTMENT ORDER DATED 09-06-2014
ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P4 ATRUE COPY OF THE APPOINTMENT ORDER DATED 17-02-2014 I
ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P5 ATRUE COPY OF THE APPOINTMENT ORDER DATED 09-11-2015
ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER.
EXHIBIT P6 ATRUE COPY OF THE APPOINTMENT ORDER DATED 17-02-2014
ISSUED BY THE 5TH RESPONDENT TO THE 4TH PETITIONER.
EXHIBIT P7 ATRUE COPY OF THE APPOINTMENT ORDER DATED 17-02-2014
ISSUED BY THE 5TH RESPONDENT TO THE 5TH PETITIONER.
EXHIBIT P8 ATRUE COPY OF THE APPOINTMENT ORDER DATED 02-07-2014
ISSUED BY THE 5TH RESPONDENT TO THE 6TH PETITIONER.
EXHIBIT P9 ATRUE COPY OF THE APPOINTMENT ORDER DATED 03-07-2014
ISSUED BY THE 5TH RESPONDENT TO THE 7TH PETITIONER.
EXHIBIT P10 ATRUE COPY OF THE APPOINTMENT ORDER DATED 06-11-2015
ISSUED BY THE 5TH RESPONDENT TO THE 8TH PETITIONER.
EXHIBIT P11 ATRUE COPY OF THE APPOINTMENT ORDER DATED 17-02-2014
ISSUED BY THE 5TH RESPONDENT TO THE 9TH PETITIONER.
EXHIBIT P12 ATRUE COPY OF THE APPOINTMENT ORDER DATED 12-10-2015
ISSUED BY THE 5TH RESPONDENT TO THE 10TH PETITIONER.
EXHIBIT P13 ATRUE COPY OF THE APPOINTMENT ORDER DATED 12-10-2015
ISSUED BY THE 5TH RESPONDENT TO THE 11TH PETITIONER.
EXHIBIT P14 ATRUE COPY OF THE ORDER DATED 31-05-2017 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P15 ATRUE COPY OF THE JUDGMENT DATED 04-07-2017 IN W.P(C) NO
21353/2017.
RESPONDENT(S)' EXHIBITS : NIL
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// TRUE COPY//
PS TO JUDGE
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P.V.ASHA, J.
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W.P.(C). No. 25225 of 2017
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Dated this the 31st day of July, 2017
JUDGMENT
The petitioners were appointed as Assistant Professors in the 5th respondent College on various dates as per Exts.P3 to P13 orders. The proposal for their approval has been returned as per Ext.P14 order, on the ground that the appointment is not made in accordance with the UGC regulations.
2. I have already disposed of similar cases, taking note of the Government Order-GO (P) No.398/2010/H.Edn dated 17.12.2010, by which the provisions regarding the constitution of Selection Committee for the post of Assistant Professor under the UGC Regulations 2010 implemented by the Government as per Government Order dated 10.12.2010 has been stayed temporarily. Directions were also given by the Government permitting filling up of the vacancies of Assistant Professors in Private Colleges in accordance with the Direct Payment agreement and existing University Statutes.
In the light of the Government Order and in the light of the judgments in similar cases, the writ petition is disposed of directing the 3rd respondent to place the case of W.P.(C). No. 25225 of 2017 2 the petitioners before the competent authority for approval of their appointment. The respondents 5 and 6 shall see that the proposal for appointment is re-submitted before the University to enable the University to place the case of the petitioners for approval. Orders on approval shall be passed within a period of six weeks from the date of receipt of a copy of this judgment.
Sd/- P.V.ASHA, Judge lsn