Kerala High Court
The Institute Of Human Resources ... vs Pradeep M.& Others on 9 September, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
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WA No.225 of 2010
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WA NO. 225 OF 2010
AGAINST THE JUDGMENT DATED 08.07.2009 IN WPC NO.30121 OF
2007 OF HIGH COURT OF KERALA
APPELLANT/1ST RESPONDENT:
THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
REPRESENTED BY ITS DIRECTOR, PRAJOE TOWERS,
VAZHUTHACAUD,, THIRUVANANTHAPURAM 695 014.
BY ADVS.
SHRI.M.RAJAGOPALAN NAIR, SC, INSTITUTE OF HUMAN
RESOURCES DEVELOPMENT-IHRD
RESPONDENTS/PETITIONERS AND RESPONDENTS 2 TO 35:
1 PRADEEP M, ASSISTANT PROFESSOR, ELECTRONICS, COLLEGE
OF ENGINEERING CHERTHALA,, ALAPPUZHA DISTRICT.
2 SHANAVAS K.T
ASSISTANT PROFESSOR, ELECTRONICS,, COLLEGE OF
ENGINEERING ,KALLUPPARA.
3 BHADRAN V
ASSISTANT PROFESSOR, ELECTRONICS,, COLLEGE OF
ENGINEERING ,KARUNAGAPPALLY.
4 SUNIL T.T
ASSISTANT PROFESSOR, ELECTRONICS,, COLLEGE OF
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ENGINEERING ,ATTINGAL.
5 MANILAL D.L
ASSISTANT PROFESSOR,COMPUTER SCINCE,, COLLEGE OF
ENGINEERING ,KOTTARAKKARA.
6 K.SUNIL KUMAR
ASSISTANT PROFESSOR,MECHANICAL, COLLEGE OF ENGINEERING
,ADOOR.
7 SMT. BINSU J KAILATHE
ASSISTANT PROFESSOR, ELECTRONICS, COLLEGE OF
ENGINEERING ,CHENGANNUR. (DELETED)
8 SMT.SMITHA DHARAN
ASSISTANT PROFESSOR, COMPUTER SCIENCE, COLLEGE OF
ENGINEERING ,CHENGANNUR.
9 RAJESH V.G
ASSISTANT PROFESSOR, MECHANICAL,, MODEL ENGINEERING
COLLEGE ,ERNAKULAM.
10 NISHA KURUVILA, D/O.K.P.KURUVILA
ASSISTANT PROFESSOR,ELECTRONICS DEPARTMENT, COLLEGE OF
ENGINEERING ,CHENGANNUR, ALAPPUZHA DIST.
11 JAYADAS C.K
ASSISTANT PROFESSOR,ELECTRONICS DEPARTMENT, COLLEGE OF
ENGINEERING , KALLOOPPARA,, PATHANAMTHITTA DISTRICT.
12 PREETHA THERESA JOY
ASSISTANT PROFESSOR, COMPUTER SCIENCE, MODEL
ENGINEERING COLLEGE ,THRIKKAKARA,, ERNAKULAM DISTRICT.
13 MURALIMOHANAN
ASSISTANT PROFESSOR, COMPUTER SCIENCE, MODEL
ENGINEERING COLLEGE ,THRIKKAKARA,, ERNAKULAM DISTRICT.
14 LAILA D
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING ,ADOOR MANAKALA PO, PATHANAMTHITTA
DISTRICT.
15 DEEPA VIJAYARAGHAVAN
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ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING ,CHENGANNUR. (DELETED) (R7 AND R15 DELETED
FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS
PER ORDER DATED 10/06/2019 IN IA.NO.01/2019)
16 DEEPA J
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING ,KARUNGAPPALLY.
17 SARA JACOB
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING ,KALLOOPPRA, KADAMANKULAM PO, PIN 689 603.
18 JOBYMOL JACOB
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING ,KALLOOPPRA, KADAMANKULAM PO, PIN 689 603.
19 ASHOK KUMAR T
ASSISTANT PROFESSOR IN ELECTRONICS, MODEL ENGINEERING
COLLEGE, BMC PO, THRIKKAKARA, ERNAKULAM DISTRICT.
20 VINU THOMAS
ASSISTANT PROFESSOR IN ELECTRONICS, MODEL ENGINEERING
COLLEGE, BMC PO, THRIKKAKARA, ERNAKULAM DISTRICT.
21 SUMITHA MATHEW
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING,PALLIPPURAM PO, CHERTHALA 688 541.
22 SHIJI T.P
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING, POONJAR
23 PHILIP CHERIAN
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING,CHENGANNUR.
24 C.V.ANIL KUMAR
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING,CHENGANNUR.
25 M.V.RAJESH
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING, B.M.C PO,THRIKKAKARA.
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26 MANJU S NAIR
ASSISTANT PROFESSOR IN ELECTRONICS, COLLEGE OF
ENGINEERING, ADOOR, MANAKALA P.O.
27 SHYAMADAS
ASSISTANT PROFESSOR IN COMPUTER, COLLEGE OF
ENGINEERING, CHENGANNUR.
28 BINU V.P
ASSISTANT PROFESSOR IN COMPUTER, COLLEGE OF
ENGINEERING, KARUNAGAPPALLY.
29 MANOJ ROY D
ASSISTANT PROFESSOR IN COMPUTER, COLLEGE OF
ENGINEERING, KARUNAGAPPALLY.
30 PRIYA S
ASSISTANT PROFESSOR IN COMPUTER, MODEL ENGINEERING
COLLEGE, THRIKKAKARA.
31 AHAMED SIRAJ K.K
ASSISTANT PROFESSOR IN COMPUTER, COLLEGE OF
ENGINEERING, POONJAR
32 GOPAKUMAR G
ASSISTANT PROFESSOR IN COMPUTER, COLLEGE OF
ENGINEERING, KALLOOPPARA, KADAMANKULAM PO,PIN 689 603.
33 AJI KUMAR
ASSISTANT PROFESSOR IN MECHANICAL, COLLEGE OF
ENGINEERING ,CHENGANNUR.
34 SURESH KUMAR N
ASSISTANT PROFESSOR IN MECHANICAL, COLLEGE OF
ENGINEERING ,ADOOR,, MANAKALA P.O.
35 SHOURI P.V
ASSISTANT PROFESSOR IN MECHANICAL, COLLEGE OF
ENGINEERING ,ADOOR,, KADAMANKULAM PO, PIN 689 603.
36 JOSE MATHEW
RESEARCH SCHOLAR (PHD), DEPARTMENT OF MECHANICAL
ENGINEERING, NATIONAL INSTITUTE OF TECHNOLOGY
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(FORMERLY REC), TRICHY, TAMIL NADU.
37 BINULAL B.R
ASSISTANT PROFESSOR IN MECHANICAL ENGINEERING, COLLEGE
OF ENGINEERING ,KARUNAGAPALLY.
38 JESSY JOHN
RESEARCH SCHOLAR FOR PHD, BIOMEDICAL ENGINEERING,IIT,
POWAI,MUMBAI.
39 JOHN GEORGE
RESEARCH SCHOLAR (PHD), DEPARTMENT OF ELECTRICAL
ENGINEERING, NIT, CALICUT (FORMERLY REC), NIT CAMPUS
,PO CALICUT.
40 BINDU V
ASSISTANT PROFESSOR IN ELECTRONICS ENGINEERING, MODEL
ENGINEERING COLLEGE , B.M.C PO,THRIKKAKARA.
BY ADVS.
SRI.S.JAYAKRISHNAN
SHRI.B.UNNIKRISHNA KAIMAL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.09.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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JUDGMENT
Muralee Krishna, J.
The 1st respondent in W.P.(C)No.30121 of 2007 filed this writ appeal under section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 08.07.2009 passed by the learned Single Judge in that writ petition.
2. Going by the averments in the writ petition, respondents 1 to 6 entered service in the Institute of Human Resources Development ('IHRD' in short), as Lecturers during 1990-91. Respondents 7 to 9 herein entered service during 1995- 2000. Special Rules for the Engineering College Service under IHRD were amended as per Ext.P6 order dated 04.07.2005, by the Executive Committee of the IHRD. As per the amendment, the post of Assistant Professors in various subjects in the Engineering Colleges is to be filled up from among a feeder category consisting of feeder in Engineering Colleges and also Lecturers and higher categories in non-Engineering Colleges who are in service as on 01.06.1999. Based on the said Special Rules as directed by the Executive Committee, a selection committee was convened for the 7 WA No.225 of 2010 2025:KER:68085 preparation of the select list. Accordingly, Ext.P10 select list dated 13.10.2006 was prepared. In the said seniority list, respondents 1 to 6 are placed above respondents 7 to 9. Subsequently, based on the select list, they were appointed as Assistant Professors. The governing body of the IHRD, however, took a decision for more ostensible reasons to modify the select list by giving seniority to Lecturers in Engineering Colleges over Lecturers in non-Engineering Colleges, vide, Ext.P12 minutes of the meeting of the governing body. Consequently, IHRD amended the Special Rules by Ext.P13 proceedings dated 12.09.2007. Hence, respondents 1 to 6 herein filed the writ petition under Article 226 of the Constitution of India, seeking the following reliefs:
"(i) Declare that the decision taken by the 1 st respondent on 09.07.2007 as per Ext. P12 minutes and the consequent modified Special Rules as contained in Ext. P13 to the extent that it provides that "The inter-se seniority of the candidates selected from Non-Engineering College institutions under IHRD shall be after the last candidates selected from the Engineering College Institutions under IHRD" is arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution.8 WA No.225 of 2010
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(ii) Issue a writ of mandamus commanding the 1 st respondent not to act on the basis of the decision taken at its 18th meeting held on 09.07.2007 as item No.6 to the extent that "the inter-se seniority of the candidates selected from Non-Engineering College Institutions under IHRD shall be after the last candidates selected from the Engineering College Institutions under IHRD"
(iii) Issue a wit of certiorari calling for the records leading up to Ext.P12 decision taken by the 1 st respondent on 09.07.2007 as item No.6 to the extent "The inter-se seniority of the candidates selected from Non-Engineering College institutions under IHRD shall be after the last candidates selected from the Engineering College Institutions under IHRD" and also Ext.P13 to the said extent and quash the same.
(iv) Issue a writ of mandamus commanding the 1 st respondent to abide by Ext.P10 select list prepared by the selection committee strictly for the purpose of fixation of seniority as Assistant Professor in the respective subject and to render all service benefits solely on the basis of such seniority.
(v) Issue a writ of mandamus commanding the 1 st respondent to depute faculty members for the PHD programme on sponsorship strictly on the basis of seniority based on the ranking in Ext. P10".9 WA No.225 of 2010
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3. By the impugned judgment dated 08.07.2009, the learned Single Judge allowed the writ petition relying on the judgment of the Apex Court in Chairman and Managing Director, Singareni Collieries Co. Ltd. v. M. Ramesh Chander and others [1995 Supp(1) SCC 167]. The operative portion of the impugned judgment reads thus:
"7. As per the amended Special Rules, for appointment as Assistant professors, no preference is provided for Lecturers of Engineering Colleges. The selection to the post of Assistant Professor is by direct recruitment. Both Lecturers in Engineering Colleges under IHRD and Lecturers in Non- Engineering Colleges under the IHRD who entered IHRD service before 1.6.1999 are equally entitled to be considered for appointment by direct recruitment to the post of Assistant Professor. After considering their applications for direct recruitment by Ext. P10, the selection committee drew up the rank list. It is interesting to note that despite the contention of the respondents that by virtue of their long experience in the Engineering Colleges as Lecturers they were superior to the petitioners, the selection committee did not find them superior to the petitioners and the petitioners were given higher rank than the party respondents. It defies all logic as to why after such selection by direct recruitment. How differentiation can be made in the matter of assigning 10 WA No.225 of 2010 2025:KER:68085 seniority by putting Lecturers of Engineering Colleges who were selected as Assistant Professors, above those selected from among Lecturers of Non-Engineering Colleges, notwithstanding their rank in the select list. Absolutely, no reason whatsoever for such a stand is discernible either in Ext.P12 or Ext. P13. Apart from the contention that by virtue of the long service as Lecturers in Engineering Colleges, the Lecturers of Engineering Colleges were superior in quality to the petitioners, no other reason whatsoever is mentioned in the counter affidavits also. In this connection, it must be noted that the petitioners also worked for quite some time in the Engineering Colleges as Lecturers. It was not because of their volition that they were shifted to other institutions. It was done purely in the exigencies of service by the 1 st respondent themselves. That being so, the decision of the governing body to put Assistant Professors who were selected from Lecturers of Engineering Colleges above those selected from non-Engineering Colleges is clearly arbitrary and discriminatory, violating the fundamental rights of the petitioners. Even if the decision to change the inter-se seniority among the selected Assistant Professors taken by the governing body is part of the Special Rules themselves, which itself I am not satisfied, the Rules to that extent is arbitrary and discriminatory and liable to be struck down as such. Special Rules cannot govern the seniority list. Seniority depends on the rank obtained by the candidates in the selection by direct recruitment. In the decision in 11 WA No.225 of 2010 2025:KER:68085 Ramesh Chander's case (supra), in paragraph 9, the Supreme Court has held thus:
"9. As it is, we are afraid that the present method of reserving a quota for the internal candidates in the direct recruitment may not be constitutionally valid. All the said posts are, as the rules stand today, to be filled up by direct recruitment. That is why one common test is held for all the competing candidates, viz, the internal and external candidates. After holding a common test for direct recruitment, no quota can be created in the common pool for candidates other than those covered by Article 16(4) of the Constitution. All candidates for direct recruitment have to compete with each other, whether they are internal or external candidates. However, in the present case, we are not called upon to pronounce upon the validity of the said rule followed by the appellant-Company since no such challenge is raised before us."
The said decision squarely applies to the facts of this case. For all the above reasons, the impugned decision of the governing body directing that "the inter se seniority of the candidates selected from Non-Engineering College Institutions under IHRD, shall be after the last candidate selected from Engineering College Institutions under IHRD"
is liable to the set aside. I do so. Accordingly, Exts. P12 and P13 to that extent is set aside. It is declared that the petitioners are entitled to seniority over respondents 2 to 35 12 WA No.225 of 2010 2025:KER:68085 in accordance with their rank in Ext. P10 select list. The petitioners would be entitled to all consequential service benefits. The writ petition is allowed as above."
4. Today, when this writ appeal is taken up for hearing, the learned standing counsel for the appellant submitted that the special rules have already been amended, and the inter se seniority of the candidates selected from Non-Engineering College Institutions under IHRD was taken away.
Having considered the pleadings and materials on record and the submissions made at the Bar, we are of the view that there is nothing that survives to be interfered in the impugned judgment, by exercising the appellate jurisdiction.
In the result, the writ appeal stands closed.
Sd/-
ANIL K.NARENDRAN, JUDGE Sd/-
sks MURALEE KRISHNA S., JUDGE