Kerala High Court
Saheeda.P vs The Principal Secretary on 1 January, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 10TH DAY OF FEBRUARY 2017/21ST MAGHA, 1938
WP(C).No. 4563 of 2017 (U)
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PETITIONER(S) :
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SAHEEDA.P,
ASSOCIATE PROFESSOR,
DEPARTMENT OF PHYSICS, FAROOK COLLEGE,
RESIDING AT "FLORENCE", FAROOK COLLEGE POST,
CALICUT,PIN: 673 632.
BY ADVS. SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
SRI.A.L.NAVANEETH KRISHNAN
RESPONDENT(S) :
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1. THE PRINCIPAL SECRETARY,
HIGHER EDUCATION (K) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2. DIRECTORATE OF COLLEGIATE EDUCATION
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN: 695 033.
3. THE PRINCIPAL,
FAROOK COLLEGE,
P.O.FAROOK COLLEGE,
KOZHIKODE, KERALA,PIN: 673 632.
R1 & R2 BY SR. GOVERNMENT PLEADER SMT. NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10-02-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 4563 of 2017 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXT.P1 TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE PETITIONER FROM COCHIN UNIVERSITY OF SCIENCE AND
TECHNOLOGY DATED 01/01/2013.
EXT.P2 TRUE COPY OF THE COMMUNICATION DATED 04/09/2013
RECEIVED FROM UGC AWARDING TEACHER FELLOWSHIP UNDER
FACULTY DEVELOPMENT PROGRAMME.
EXT.P3 TRUE COPY OF THE ORDER DATED 03/05/2014 GRANTING
SANCTION FOR DEPUTATION OF THE PETITIONER FOR PHD.
EXT.P4 TRUE COPY OF THE ORDER RELIEVING PETITIONER FROM
THE 3RD RESPONDENT COLLEGE DATED 09/12/2013.
EXT.P5 TRUE COPY OF THE LETTER OF RECOMMENDATION OF
THE RESEARCH GUIDE OF THE PETITIONER DR.S.JAYALAKSHMY
DATED 12/06/2015.
EXT.P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE
DATED 30/06/2015 ISSUED BY THE 3RD RESPONDENT.
EXT.P7 TRUE COPY OF THE LETTER DATED 11/08/2015 EXTENDING
THE TEACHER FELLOWSHIP WITH EFFECT FROM 10/12/2015
TO 09/12/2016.
EXT.P8 TRUE COPY OF THE REQUEST DATED 09/09/2015 FOR EXTENSION
OF DEPUTATION FROM 10/12/2015 TO 09/12/2016.
EXT.P9 TRUE COPY OF THE COMMUNICATION DATED 13/11/2015
ACCORDING CONCURRENCE TO EXTEND THE PERIOD OF
DEPUTATION UNDER FIP OF UGC FOR A PERIOD FROM 10/12/2015
TO 09/12/2016.
EXT.P10 TRUE COPY OF THE COMMUNICATION DATED 02/06/2016.
EXT.P11 TRUE COPY OF THE COMMUNICATION ADDRESSED TO
THE 2ND RESPONDENT BY THE 1ST RESPONDENT REJECTING
THE REQUEST FOR EXTENSION OF DEPUTATION FOR
COMPLETING PHD COURSE UNDER FIP OF UGC
DATED 08/12/2016.
EXT.P12 TRUE COPY OF THE REPRESENTATION DATED 28/01/2017.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.V.ASHA J.
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W.P.(C).No.4563 of 2017
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Dated this the 10th day of February, 2017
J U D G M E N T
The petitioner is aggrieved by Ext.P11 order by which the Government rejected her request for extension of deputation for completing Ph.D Course under the FIP Scheme.
2. The case of the petitioner is that she was registered for undergoing Ph.D course in Cochin University of Science and Technology as per Ext.P1 letter dated 01.01.2013 and by Ext.P2 letter dated 04.09.2013 the UGC conveyed approval for award of Teacher Fellowship to the petitioner for undergoing Ph.D course in Cochin University. On the basis of Exts.P1 and P2 orders Government issued Ext.P3 order dated 03.05.2014, according sanction for deputation of the petitioner to undergo Ph.D course for the period from 10.12.2013 to 09.12.2015 under the FIP Scheme. Since the research could not be completed within the period of deputation already granted, petitioner requested for extension of deputation for completion of the same for one more year from 10.12.2015 as per Ext.P5 letter for which the College had given No objection Certificate as per Ext.P6 and the University Grants Commission had W.P.(C).No.4563 of 2017 2 granted approval for extension of the Teacher Fellowship for a period of one year from 10.12.2015 to 09.12.2016. Based on this extension, the petitioner requested the Director of Collegiate Education for extension of her deputation, as per Ext.P8 representation. Director of Collegiate Education by Ext.P9 order dated 13.11.2015 accorded concurrence for extension of the period of deputation up to 09.12.2016. Accordingly, the Principal had addressed the Government requesting for extension of the period of deputation of petitioner up to 09.12.2016 but Government by Ext.P11 order dated 08.12.2016 rejected the request for extension without stating any reason. Petitioner has filed this writ petition in the above circumstances.
3. Heard the learned counsel for the petitioner and learned Government Pleader.
4. When the UGC had already granted approval for extension of teacher fellowship upto 09.12.2016 and on the basis of the recommendation of the Guide in the University, concurrence was granted by the Director of Collegiate Education on the request of the petitioner as well as the College, in which the petitioner was working, as early as in November 2015, there was no reason for the Government to W.P.(C).No.4563 of 2017 3 keep silence over the request of the petitioner for further deputation upto 09.12.2016. It is pointed out that the normal period of Ph.D course is three years and petitioner requested for the same well before the expiry of the two year period of extension. In fairness Govt. ought to have issued orders in time and informed the reasons for rejection.
5. In view of the above circumstances, the action of Government in rejecting the request for extension of deputation summarily without stating any reason and without any application of mind is arbitrary and hence not liable to be sustained. Accordingly Ext.P11 is quashed.
6. As the petitioner has submitted another representation before Government as per Ext.P12 dated 28.01.2017, there shall be a direction to the 1st respondent to consider and pass orders on the same, after affording an opportunity of hearing to the petitioner, within a period of 'two months' from the date of receipt of a copy of this judgment.
The Writ Petition (Civil) is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE.
AS