Kerala High Court
Dr.Geetha P vs The Kerala Agricultural University on 17 November, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942
WA.No.1476 OF 2020
AGAINST THE ORDER DATED 10-06-2020 IN WP(C) 34235/2019(D) OF HIGH
COURT OF KERALA
APPELLANTS/PETITIONERS:
1 DR.GEETHA P.,
W/O. SURESH S.,
PATTATHILLAM, NELLIKKATTIRI P.O.,
KOOTTANADU VIA, PALAKKAD-679533.
2 NEETHU PRABHAKAR,
W/O. DR. SREENISH S.S., 'ATHULYA',
NETTUR P.O., THALASSERY - 670105.
3 DR. SANTHOSH C.,
S/O. PRABHAKARAN NAIR C., CHANGARATH HOUSE,
MOORKANAD P.O., IRINJALAKUDA-680711.
4 RESHMA M.R.
W/O. VINEESH K.V., KARUMASSERY HOUSE,
KANDASSANKADAVU, THRISSUR-680613.
5 DR. MAYADEVI M.R.
W/O. DR. SANDEEP S., KFRI QUARTERS,
QUARTER NO.3/4 PEECHI, THRISSUR-680652.
6 DR. FASILA E.K.,
D/O. KUNHIMUHAMMED, ERIYATTUKUZHIYIL HOUSE,
POOKKOTTUMPADAM P.O., MALAPPURAM-679332.
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENTS/RESPONDENTS:
1 THE KERALA AGRICULTURAL UNIVERSITY,
MAIN CAMPUS, VELLANIKKARA, THRISSUR-680656,
REPRESENTED BY ITS REGISTRAR.
2 THE VICE CHANCELLOR,
THE KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS,
VELLANIKKARA, THRISSUR-680656.
WA No.1476/2020 -2-
3 THE REGISTRAR,
THE KERALA AGRICULTURAL UNIVERSITY,
MAIN CAMPUS, VELLANIKKARA, THRISSUR-680656.
4 THE UNIVERSITY GRANTS COMMISSION,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVERNMENT
OF INDIA, BAHADUR SHAH MARG, NEW DELHI-110 002,
REPRESENTED BY ITS SECRETARY.
5 INDIAN COUNCIL OF AGRICULTURAL RESEARCH,
(ICAR), KRISHI BHAVAN, DR. RAJENDRA PRASAD ROAD,
OPP. RAIL BHAVAN, NEW DELHI-110001, REPRESENTED BY
ITS SECRETARY (DARE) AND DIRECTOR GENERAL (ICAR).
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA No.1476/2020 -3-
JUDGMENT
DATED THIS THE 17th DAY OF NOVEMBER, 2020 Shaffique, J:
This appeal has been filed by the petitioners in W.P (C) No.34235/2019 challenging the common interim order dated 10-06-2020. By the aforesaid interim order, the learned Single Judge permitted the respondents to appoint persons from the existing rank list on daily wages or on contract or temporary basis after seeking their willingness. It was made clear that such appointments shall be provisional and subject to further orders.
2. Learned counsel appearing for the petitioners/appellants would submit that there are existing vacancies and no attempt had been made to fill up the vacancies from the rank list which is still in force. Accordingly, a direction had been sought for to issue an interim order to restrain the respondents from filling up the vacancies in the cadre of Assistant Professors in the Soil Science and Agricultural Chemistry in the faculty of Agriculture by appointing direct / guest/ provisional / daily rated appointees during the currency of the rank list. The aforesaid request came to be rejected by the learned Single Judge. However, it was observed that since there WA No.1476/2020 -4- is requirement of the Assistant Professors in the respective disciplines, the University could appoint persons on daily wage/contract/provisional basis from the rank list itself and if anybody from the rank list is not willing, the University can appoint such persons from elsewhere.
3. It is pointed out that the substantial issue that had arisen in the writ petition is whether daily wages or contractual appointments can be made during the currency of the rank list. Apparently this is a matter which is required to be considered by the learned Single Judge. We do not think that we will be justified in considering the said issue presently.
4. Learned counsel appearing for the University would submit that on account of the present Regulations framed based on the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019, UGC has directed the University to implement the provisions of the Act. However, the writ petitions are pending before this court where challenge has been made regarding the application of the provisions of the Act in the Agricultural University. Apparently it is for the University to take a decision as to whether the provisions of the said Act or the UGC instructions should be complied with or not. WA No.1476/2020 -5-
5. Be that as it may, when a rank list is in force, it is for the University to decide whether any vacancy has to be filled up, of course subject to any financial restraints in the matter. But as far as the University is concerned, filling up of vacancies on daily rated / contractual basis is not an appropriate way of appointing the faculty required for the purpose of educating the students at large. If contractual appointments are made for limited period, they may not have any obligation towards the University as such, and the University also will not have any control over them. These are all matters to be considered by the University.
6. It is pointed out by the learned counsel for the University that the petitioner in WP(C) No. 10416/2020 has not challenged the aforesaid interim order as the persons included in the ranked list in the said department are willing to get the employment even on daily rated/contractual basis. We make it clear that this judgment shall apply only in respect of the petitioners in WP(C) No. 34235/2019 and shall not be read as a decision against the order in WP(C) No. 10416/2020.
7. The only question to be considered is whether direction to appoint teachers on daily wage/contractual basis provisionally is justified or not. During the pendency of the writ petition, if any such appointments are made, we are sure that WA No.1476/2020 -6- the University may not take any further steps to appoint any teachers from the ranked list even if vacancies exist. Therefore, if the University is permitted to make such appointments, the writ petition would become infructuous or there will be considerable delay in filling up the vacancies from the existing ranked list. We are of the view that the direction to fill up the existing vacancies in the department by daily wage/contract basis requires to be kept in abeyance to enable the parties to approach the learned Single Judge for an early hearing of the matter and we do so.
8. In the result, we dispose of this writ appeal directing the parties to approach the learned Single Judge for an early hearing. Until such time, the direction to appoint persons on daily rated / contract basis shall be kept in abeyance in the Department of Soil Science and Agricultural Chemistry.
This judgment shall not preclude the University from making regular appointments from the rank list.
(Sd/-) A.M. SHAFFIQUE, JUDGE.
(Sd/-) GOPINATH P., JUDGE.
AMG