Kerala High Court
Roshna E vs The Vice Chancellor on 27 September, 2016
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 14TH DAY OF FEBRUARY 2017/25TH MAGHA, 1938
WP(C).No. 4849 of 2017 (E)
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PETITIONER(S):
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1. ROSHNA E., ASSISTANT PROFESSOR,
ELECTRONICS & COMMUNICATION
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
2. ANUSREE P.DEV, ASSISTANT PROFESSOR,
ELECTRICAL & ELECTRONICS
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
3. SRUTHI A., ASSISTANT PROFESSOR,
ELECTRICAL & ELECTRONICS
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
4. FREENA FRANCIS
ASSISTANT PROFESSOR, ELECTRICAL & ELECTRONICS
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
5. SUMARANI V.S., ASSISTANT PROFESSOR,
ELECTRICAL & ELECTRONICS, ENGINEERING DEPARTMENT
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
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WP(C).No. 4849 of 2017 (E)
6. KISHOR KAMAL, ASSISTANT PROFESSOR,
MECHANICAL ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
7. ARYA R.NAIR, ASSISTANT PROFESSOR,
MECHANICAL ENGINEERING (CIVIL) DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM PO, MALAPPURAM-673 636.
8. JISY N.K.ASSISTANT PROFESSOR,
ELECTRONICS & COMMUNICATION,
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
9. SHAJILA MAJEED, ASSISTANT PROFESSOR,
INFORMATION TECHNOLOGY DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
10. AYISHA NOORI, ASSISTANT PROFESSOR,
INFORMATION TECHNOLOGY DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVESITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM PO, MALAPPURAM-673 636.
11. SHAFEENA P.K., ASSISTANT PROFESSOR,
ELECTRONICS & COMMUNICATION
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM PO, MALAPPURAM-673 636.
12. JESSY K., ASSISTANT PROFESSOR,
INFORMATION TECHNOLOGY DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM PO, MALAPPURAM-673 636.
13. NINCY ETTAPPATTAKHIL K.K.
ASSISTANT PROFESSOR (B.TECH),
INFORMATION TECHNOLOGY DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM PO, MALAPPURAM-673 636.
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WP(C).No. 4849 of 2017 (E)
14. JISHA P., ASSISTANT PROFESSOR,
ELECTRICAL & ELECTRONICS
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
15. DAYA DAMODAR, ASSISTANT PROFESSOR,
MECHANICAL ENGINEERING (CIVIL) DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
16. JITHINA T.S., ASSISTANT PROFESSOR,
ELECTRONICS & COMMUNICATION
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
17. ZAYAD ABDULLAH O., ASSISTANT PROFESSOR,
MECHANICAL ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
18. DEEPU P., ASSISTANT PROFESSOR,
PRINTING TECHNOLOGY DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
19. VIDYA K.C., ASSISTANT PROFESSOR,
ELECTRONICS & COMMUNICATION
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
20. ARUN N., ASSISTANT PROFESSOR,
ELECTRONICS & COMMUNICATION
ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
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WP(C).No. 4849 of 2017 (E)
21. LABEED K.ABDUL GAFOOR
ASSISTANT PROFESSOR, ELECTRONICS &
COMMUNICATION ENGINEERING DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
22. MOHAMMED SHAFEEQ
ASSISTANT PROFESSOR (B.TECH),
PRINTING TECHNOLOGY DEPARTMENT,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
23. PRAJISHA C.
ASSISTANT PROFESSOR (B.TECH),
INFORMATION TECHNOLOGY DEPARTMENT,
CALICUT UNIVESITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM PO, MALAPPURAM-673 636.
24. AKHIL K.K., ASSISTANT PROFESSOR,
INFORMATION TECHNOLOGY DEPARTMENT,
INSTITUTE OF ENGINEERING & TECHNOLOGY,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENJHIPALAM P.O, MALAPPURAM-673 636.
BY ADVS.SRI.E.K.NANDAKUMAR (SR.)
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
RESPONDENT(S):
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1. THE VICE CHANCELLOR
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING
AND TECHNOLOGY, THENHIPALAM P.O.,
CALICUT-673 636.
2. THE REGISTRAR
CALICUT UNIVERSITY, CALICUT-673 636.
3. THE PRINCIPAL
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND
TECHNOLOGY, THENHIPALAM P.O, CALICUT-673 636.
R1 TO R3 BY SRI.P.C.SASIDHARAN, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14-02-2017, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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WP(C).No. 4849 of 2017 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 : TRUE COPY OF THE ORDER OF APPOINTMENT
NO.11485/2016/ADMN DATED 27-9-2016 ISSUED BY THE
1ST PETITIONER FROM THE 2ND RESPONDENT.
P2 : TRUE COPY OF THE JOINING ORDER OF THE 1ST
PETITIONER JOINED THE SERVICE OF THE 1ST RESPONDENT
DATED 4-10-2013.
P3 : TRUE COPY OF THE ORDER TO THE 1ST PETITIONER ISSUED
BY THE 2ND RESPONDENT DATED 12-4-2012.
P4 : TRUE COPY OF THE CONTRACTUAL APPOINTMENT
DATED 5-8-2014 ISSUED TO THE 1ST PETITIONER FROM THE
2ND RESPONDENT.
P5 : TRUE COPY OF THE NOTIFICATION DATED 17-1-2017
ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
P6 : TRUE COPY OF THE OFFICE ORDER DATED 7-2-2017 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONERS.
P7 : TRUE COPY OF THE OFFICE ORDER DATED 8-2-2017 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONERS.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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P.V.ASHA, J.
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W.P.(C). No. 4849 of 2017
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Dated this the 14th day of February, 2017
JUDGMENT
The petitioners are working as Assistant Professors in various subjects in the Institute of Engineering and Technology, which is a Self Financing Institution under the Calicut University. Their apprehension is that, their services are going to be terminated in the midst of the academic year even before completion of the period of contract. It is also the case of the petitioner that the respondents have already invited the applications for fresh appointments as per Ext.P5 notification.
2. The learned Standing Counsel for the University submitted that some of the petitioners have already submitted applications pursuant to Ext. P5 notification and the proceedings for fresh appointments are going on. It is also pointed out that some of the petitioners are not qualified in tune with the AICTE regulations.
W.P.(C). No. 4849 of 2017 2
3. The main grievance raised by the learned counsel for the petitioners is that in the midst of the academic year, the petitioners may not face any termination. It is also their case that they have been continuing for the past more than seven years and it is for the first time that such proceedings are initiated for terminating the service before and expiry of the contract.
4. I heard the learned counsel for the petitioners and the learned Standing Counsel.
5. The learned Standing Counsel points out that the re-engagement of the petitioners as per Ext.P1 order was for a further period of one year or till a fresh appointment of contract staff, as detailed in Clause-3 of the order and therefore the contentions of the petitioners that their services cannot be terminated before the expiry of one year is not sustainable. It is also pointed out that Clause-3(f) of Ext.P1 also provides that the petitioners will have no claim for appointment in subsequent years for regular/temporary/contract/ dailywages appointment. W.P.(C). No. 4849 of 2017 3
6. Even though, the petitioners are challenging Clause 3 of Ext.P1, the fact remains that petitioners' appointments are on the basis of contracts. Therefore, the conditions therein would govern them. Regarding the apprehension of the petitioners that their services will be terminated in the midst of the academic year, I deem it appropriate in the interest of the students that there shall be a direction to the respondents to see that fresh appointments are made only after the end of the academic year, i.e., after 31.03.2017. The petitioners shall be allowed to continue till then. At any rate, it will be subject to the orders passed by this Court in W.P.C No. 2879/2017. I do not find any reason to grant any relief in this writ petition.
Accordingly, the writ petition is disposed of.
Sd/-P.V.ASHA, Judge lsn