Kerala High Court
The Registrar vs Adarsh E on 31 July, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
2025:KER:57113
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
WA NO. 1501 OF 2025
AGAINST THE JUDGMENT DATED 27.05.2025 IN W.P.(C) NO.45444 OF
2024 OF THE HIGH COURT OF KERALA
APPELLANTS/1ST AND 2ND RESPONDENTS:
1 THE REGISTRAR,
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY,
ERNAKULAM DISTRICT., PIN - 683574
2 THE VICE CHANCELLOR,
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY,
ERNAKULAM DISTRICT., PIN - 683574
BY ADVS.
SRI.DINESH MATHEW J.MURICKEN
SRI.VINOD S. PILLAI
SHRI.MOHAMMED THAYIB N.M.
SMT.NAYANA VARGHESE
SMT.RIA VARGHESE
SHRI.JERRY PETER
RESPONDENTS:
1 ADARSH E
AGED 25 YEARS
S/O , REENA KP RESIDING AT VELLONATHIL HOUSE,
MAYANAD P.O., KOZHIKODE DISTRICT, PIN - 673008
*2 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
W.A.No.1501 of 2025 2 2025:KER:57113
DEPARTMENT OF HIGHER EDUCATION,
THIRUVANANTHAPURAM, PIN - 695001 (*ADDL.R3 IS
IMPLEADED AS PER ORDER DATED 06.02.2025 IN I.A.1
OF 2025 IN W.P.(C)NO.45444 OF 2024.)
OTHER PRESENT:
SMT. NISHA BOSE, SR. GP
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31.07.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1501 of 2025 3 2025:KER:57113
JUDGMENT
Anil K. Narendran, J.
The 1st and 2nd respondents in W.P.(C)No.45444 of 2024 have filed this writ appeal, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 27.05.2025 of the learned Single Judge in that writ petition, which was one filed by the 1st respondent herein-petitioner, seeking a writ of mandamus commanding the respondents therein to disburse the grant with arrears along with interest payable, without any delay; a writ of mandamus commanding the respondents therein to ensure that the amounts under University Research Fellowship Scheme are paid to the petitioner without any delay; and a writ of mandamus commanding respondents 1 and 2-the appellants herein to disburse the grant promptly to all beneficiaries enjoying the right for University Research Fellowship. In the writ petition, the University has filed a counter affidavit dated 10.03.2025, opposing the reliefs sought for. After considering the rival contentions, the learned Single Judge, by the judgment dated 27.05.2025, allowed the writ petition by directing the appellants herein to pay the fellowship to the 1st respondent-petitioner W.A.No.1501 of 2025 4 2025:KER:57113 regularly and clear the arrears within a period of one month, if not already paid. In the said judgment, it was made clear that, if the aforesaid amount has not already been paid to the petitioner, the salary to the Vice Chancellor and Registrar of the University shall not be paid till the petitioners' dues are cleared.
2. On 26.06.2025, when this writ appeal came up for admission, it was admitted on file. The 1st respondent-writ petitioner entered appearance through counsel and the learned Senior Government Pleader for the 2nd respondent. By the order dated 26.06.2025, this Court granted an interim stay of the operation of the judgment dated 27.05.2025 of the learned Single Judge in W.P.(C)No.45444 of 2024, for a period of one month.
3. On 08.07.2025, when this writ appeal was taken up for consideration, after arguing for some time, the learned Senior Government Pleader submitted that an affidavit sworn to by the 2nd respondent regarding the disbursement of fellowship amount to Sree Sankaracharya University shall be placed on record within two weeks. By the order dated 08.07.2025, the interim order granted on 26.06.2025 was extended by one month.
4. Today, when this matter is taken up for consideration, the learned Senior Government Pleader has placed on record a W.A.No.1501 of 2025 5 2025:KER:57113 counter affidavit dated 23.07.2025 filed on behalf of the 2 nd respondent, producing therewith Exts.R2(a) to R2(m) documents. Paragraph 3 of that counter affidavit reads thus;
"3. Government had released an amount of Rs.62,56,000/- (Rupees Sixty Two Lakh Fifty Six Thousand only) and Rs.2 Crore (Rupees Two Crore only) to Sree Sankaracharya University of Sanskrit, Kalady for the academic year 2024-25 vide G.O(Rt) No.346/2025/H.Edn dated 17.03.2025 for disbursing the pending payments including Ph.D fellowship and Sanskrit encouragement scholarship. True copy of G.O(Rt) No.346/2025/H.Edn dated 17.03.2025 is produced herewith and marked as Exhibit R2(a). Also, the Government had released a total amount of Rs.74,64,81,000/- (Rupees Seventy Four Crore Sixty four Lakh Eighty one thousand only) to the SSUS towards non-plan grant -in- aid for the financial year 2024-25 on a monthly basis vide 12 Government orders mentioned as follows:
i. True copy of G.O(Rt)No.487/2024/HEDN dated 24.04.2024 is produced herewith and marked as Exhibit R2(b).
ii. True copy of G.O(Rt)No.602/2024/HEDN dated 28.05.2024 is produced herewith and marked as Exhibit R2(c).
iii. True copy of G.O(Rt)No.789/2024/HEDN dated 03.07.2024 is produced herewith and marked as Exhibit R2(d).
iv. True copy of G.O(Rt)No.943/2024/HEDN dated 29.07.2024 is produced herewith and marked as Exhibit R2(e).
v. True copy of G.O(Rt)No.1092/2024/HEDN dated W.A.No.1501 of 2025 6 2025:KER:57113 26.08.2024 is produced herewith and marked as Exhibit R2(f).
vi. True copy of GO(Rt)No.1217/2024/HEDN dated 30.09.2024 is produced herewith and marked as Exhibit R2(g).
vii. True copy of G.O(Rt)No.1379/2024/HEDN dated 02.11.2024 is produced herewith and raarked as Exhibit R2(h).
viii. True copy of G.O(Rt)No.1489/2024/HEDN dated 29.11.2024 is produced herewith and marked as Exhibit R2(i).
ix. True copy of G.O(Rt)No.1589/2024/HEDN dated 21.12.2024 is produced herewith and marked as Exhibit R2(j).
x. True copy of G.O(Rt)No.149/2025/HEDN dated 29.01.2025 is produced herewith and marked as Exhibit R2(k).
xi. True copy of G.O(Rt)No.266/2025/HEDN dated 27.02.2025 is produced herewith and marked as Exhibit R2(l).
xii. True copy of G.O(Rt)No.385/2025/HEDN dated 25.03.2025 is produced herewith and marked as Exhibit R2(m)."
5. Heard the learned Standing Counsel for Sree Sankaracharya University for the appellants-respondents 1 and 2, the learned counsel for the 1st respondent-petitioner and also the learned Senior Government Pleader for the 2nd respondent-3rd respondent.
6. The learned Standing Counsel for Sree Sankaracharya W.A.No.1501 of 2025 7 2025:KER:57113 University would submit that the University is in receipt of a Government order dated 23.07.2025 sanctioning an amount of Rs.19,64,46,000/- (Rupees Ninteen Crores Sixty Four Lakhs Fourty Six Thousand only), out of which an amount of Rs.3,00,00,000/- (Rupees Three Crores) is for the payment of arrears of Ph.D Fellowship. Immediately on receipt of the said amount, the University shall release the arrears of Ph.D Fellowship due to the petitioner and other similarly situated persons.
In such circumstances, this writ appeal is disposed of by directing the appellants-respondents 1 and 2 to disburse the eligible amount payable to the 1st respondent-writ petitioner and other similarly situated persons towards Ph.D Fellowship, within two weeks from the date of receipt of necessary funds in terms of the Government order dated 23.07.2025. The direction contained in the judgment dated 27.05.2025 of the learned Single Judge regarding withholding of the salary of the Vice Chancellor and Registrar of the University is set aside.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE MSA W.A.No.1501 of 2025 8 2025:KER:57113 APPENDIX OF WA 1501 OF 2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ANNUAL PLAN PROPOSAL 2024-25 SUBMITTED BY THE UNIVERSITY BEFORE THE 2ND RESPONDENT Annexure A2 TRUE COPY OF THE RELEVANT PAGE OF THE STATE BUDGET PERTAINING TO THE ALLOCATION OF PLAN AND NON-PLAN FUND OF THE UNIVERSITY Annexure A3 TRUE COPY OF THE ORDER NO.G.O.(RT)857/2024/HEDN DATED 12.07.2024 ISSUED BY THE 2ND RESPONDENT ALLOCATING PLAN FUND Annexure A4 TRUE COPY OF THE LETTER NO.01989/SOACCTS/SSUS/2024(1) ISSUED BY THE 1ST APPELLANT TO THE 2ND RESPONDENT DATED 13.08.2024 Annexure A5 TRUE COPY OF THE REMINDER LETTER NO.01989/SOACCTS/SSUS/2024(1) SENT BY THE 1ST APPELLANT TO THE 2ND RESPONDENT Annexure A6 TRUE COPY OF THE EMAIL COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE UNIVERSITY DATED 20.01.2025 Annexure A7 TRUE COPY OF THE LETTER NO.01989/SOACCTS/ SSUS/2024(1) ISSUED BY THE 1ST APPELLANT TO THE 2ND RESPONDENT DATED 20.01.2025 Annexure A8 TRUE COPY OF THE GOVERNMENT ORDER NO.
G.O.(RT)NO.346/2025/HEDN DATED 17.03.2025 Annexure A9 TRUE COPY OF THE ORDER NO.00297/ACCTS2/SSUS/2025(6) ISSUED BY THE UNIVERSITY DISBURSING THE AMOUNT TO THE RESEARCH SCHOLARS INCLUDING THE 1ST RESPONDENT DATED 20.03.2025 W.A.No.1501 of 2025 9 2025:KER:57113 Annexure A10 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT 22.03.2025 GENERATED BY WAMS 2.0 EVIDENCING THE RECEIPT OF FELLOWSHIP AMOUNT IN THE ACCOUNT OF THE 1ST RESPONDENT Annexure A11 TRUE COPY OF LETTER NO.01989/SOACCTS/SSUS/2024(1) SUBMITTED BY THE 1ST APPELLANT TO THE 2ND RESPONDENT DATED 27.03.2025 Annexure A12 TRUE COPY OF THE ORDER NO.G.O.(RT) NO.385/2025/HEDN PRESCRIBING DISBURSEMENT OF NON PLAN FUND FOR THE PAYMENT OF SALARY AND PENSION ISSUED BY THE 2ND RESPONDENT DATED 25.03.2025 RESPONDENT EXHIBITS EXHIBIT R2(a) True copy of GO(Rt) No.346/2025/ H.Edn dated 17.03.2025 EXHIBIT R2(b) True copy of GO(Rt)No.487/2024/HEDN dated 24.04.2024 EXHIBIT R2(c) True copy of GO(Rt)No.602/2024/HEDN dated 28.05.2024 EXHIBIT R2(d) True copy of GO(Rt)No.789/2024/HEDN dated 03.07.2024 EXHIBIT R2(e) True copy of GO(Rt)No.943/2024/HEDN dated29.07.2024 EXHIBIT R2(f) True copy of GO(Rt)No.1092/2024/HEDN dated26.08.2024 EXHIBIT R2(g) True copy of GO(Rt)No.1217/2024/HEDN dated30.09.2024 EXHIBIT R2(h) True copy of GO(Rt)No.1379/2024/HEDN dated 2.11.2024 EXHIBIT R2(I) True copy of GO(Rt)No.1489/2024/HEDN dated29.11.2024 W.A.No.1501 of 2025 10 2025:KER:57113 EXHIBIT R2(J) True copy of GO(Rt)No.1589/2024/HEDN dated21.12.2024 EXHIBIT R2(k) True copy of GO(Rt)No.149/2025/HEDN dated 29.01.2025 EXHIBIT R2(l) True copy of GO(Rt)No.266/2025/HEDN dated27.02.2025 EXHIBIT R2(m) True copy of GO(Rt)No.385/2025/HEDN dated 25.03.2025