Kerala High Court
Niyas Thayyil vs The Vice Chancellor on 2 March, 2017
Bench: K.Surendra Mohan, Mary Joseph
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY,THE 29TH DAY OF MARCH 2017/8TH CHAITHRA, 1939
WA.No. 569 of 2017 () IN WP(C).7004/2017
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AGAINST THE JUDGMENT IN WP(C) 7004/2017 of HIGH COURT OF KERALA
DATED 02-03-2017
APPELLANTS :
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1. NIYAS THAYYIL,
ASSISTANT PROFESSOR, ELECTRICAL & ELECTRONICS ENGINEERING, CALICUT
UNIVERSITY,INSTITUTE OF ENGINEERING & TECHNOLOGY, KOHINOOR,
THENHIPALAM-673636.
2. MARCEEN N.K.,
D/O.RAYINKUTTY N.K., ASSISTANT PROFESSOR, ELECTRONICS &
COMMUNICATION ENGINEERING DEPARTMENT, INSTITUTE OF ENGINEERING &
TECHNOLOGY, CALICUT UNIVERSITY, KOHINOOR, THENHIPALAM-673636.
3. DIVYAKUMAR K.,
S/O.THANKAMMA K.J., ASSISTANT PROFESSOR, ELECTRONICS &
COMMUNICATION ENGINEERING DEPARTMENT, INSTITUTE OF ENGINEERING &
TECHNOLOGY, CALICUT UNIVERSITY, KOHINOOR, THENHIPALAM-673636.
4. RATHEESH C.,
S/O.LATE VISWANATHAN, ASSISTANT PROFESSOR, ELECTRONICS &
COMMUNICATION ENGINEERING DEPARTMENT, INSTITUTE OF ENGINEERING &
TECHNOLOGY, CALICUT UNIVERSITY, KOHINOOR, THENHIPALAM-673636.
5. KIRAN K.S.,
LECTURER, MECHANICAL ENGINEERING, CALICUT UNIVERSITY INSTITUTE OF
ENGINEERING & TECHNOLOGY, KOHINOOR, THENHIPALAM-673636.
6. FASIL T.MUHAMMED,
LECTURER, MECHANICAL ENGINEERING, CALICUT UNIVERSITY INSTITUTE OF
ENGINEERING & TECHNOLOGY, KOHINOOR, THENHIPALAM-673636.
7. VINEETH MOHAN,
ASSISTANT PROFESSOR, ELECTRICAL & ELECTRONIC ENGINEERING, INSTITUTE
OF ENGINEERING & TECHNOLOGY, CALICUT UNIVERSITY,KOHINOOR,
THENHIPALAM-673636.
BYADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
WA.No. 569 of 2017 () IN WP(C).7004/2017 :2:
RESPONDENTS :
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1. THE VICE CHANCELLOR,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND TECHNOLOGY,
THENHIPALAM P.O.,CALICUT-673636.
2. THE REGISTRAR,
CALICUT UNIVERSITY,CALICUT-673636.
3. THE PRINCIPAL,
CALICUT UNIVERSITY INSTITUTE OF ENGINEERING AND TECHNOLOGY,
THENHIPALAM P.O.,CALICUT-673636.
R BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29-03-2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No. 569 of 2017 () IN WP(C).7004/2017
APPENDIX
PETITIONERS' ANNEXURES :
ANNEXURE A :COPY OF THE ORDER DATED 8.6.2016 ISSUED BY THE 3RD RESPONDENT
RESPONDENTS' ANNEXURES : NIL
/TRUE COPY/
P.A TO JUDGE
AV
K.SURENDRA MOHAN & MARY JOSEPH, JJ.
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W.A.No.569 of 2017
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Dated this the 29th day of March, 2017
J U D G M E N T
Surendra Mohan, J.
The petitioners in W.P.(C).No.7004 of 2017 are in appeal. As per judgment dated 02.03.2017, the learned Single Judge has disposed of the writ petition filed by them, directing that fresh appointments to the posts occupied by the appellants herein be made only after the end of the academic year, i.e., after 31.03.2017.
2. The appellants are working as Assistant Professors in various subjects in the institute of Engineering and Technology, a Self Financing Institution under the Calicut University. They had approached this Court with the writ petition, apprehending that their services would be terminated in view of Ext.P5 notification issued by the University, inviting fresh applications for contract appointment to the very same posts. It was contended that, though the appellants were contract appointees, their termination in the middle of the academic year would not be in the interests of the students or the institution. The learned Single Judge has found after perusing the terms of Ext.P1 contract that, the appellants were not entitled to the relief sought for by them in the writ petition. However, the writ petition has been disposed of directing that they shall be terminated from service only after the close of the academic year on 31.03.2017.
W.A.No.569 of 2017 2
3. According to the learned counsel for the appellants, the academic year in the institution does not come to a close on 31.03.2017 as presumed by the learned Single Judge. Annexure A document produced along with this appeal is relied upon to point out that, in view of the Semester System that is followed by the institution, the semesters would come to an end only by 31st of May and that, the internal practical examinations will be completed only by 14th of June.
4. Adv.Sri.P.C.Sasidharan, who appears for the respondents, on the other hand points out that, Annexure A certificate is relating to the previous year, 2016 whereas, the current year is 2017. In view of the above, it is contended that Annexure A document is of no help to the appellants herein. The learned counsel however assures us that, the appellants would be terminated only after the fresh hands, who are about to be recruited, join service. It is submitted that, more than 1000 applicants had responded to Ext.P5 notification and that, a written examination had been conducted. However, no interview could be conducted for the reason that the Model Code of Conduct imposed by the Election Commissioner in view of the approaching by-elections is in force.
Having heard the respective counsel at length, we do not find any grounds to interfere with the judgment appealed against. As rightly found by the learned Single Judge, the appellants are W.A.No.569 of 2017 3 contract appointees governed by the terms of contract, evidenced herein by Ext.P1. Going by the terms of Ext.P1, the term of appointment of the appellants is for a further period of one year or "till fresh appointment of contract staff". As per Ext.P5, the process of appointment of fresh contract staff is in progress.
In view of the above, while dismissing this Writ Appeal, we clarify that the appellants shall be continued in service, until the fresh hands recruited on the basis of Ext.P5 notification, join service.
Sd/-
K.SURENDRA MOHAN JUDGE Sd/-
MARY JOSEPH JUDGE AV /True Copy/ P.A to Judge