Mohammed Noufal V vs State Of Kerala on 13 January, 2022

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Kerala High Court

Mohammed Noufal V vs State Of Kerala on 13 January, 2022

Bench: V Raja Vijayaraghavan

WP(C) No.1117/2022                          1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
            Thursday, the 13th day of January 2022 / 23rd Pousha, 1943
                            WP(C) NO. 1117 OF 2022(L)
   PETITIONER:

          MOHAMMED NOUFAL V, AGED 31 YEARS S/O. MUHAMMED KUTTY, VETTIYATTIL
          HOUSE, SALAMATH NAGAR, MOONNIYUR SOUTH PO, MOONNIYUR, MALAPPURAM
          DISTRICT-676311.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER
         EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
      2. UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM DISTRICT-673635,
         REPRESENTED BY ITS REGISTRAR.
      3. THE REGISTRAR, UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM
         DISTRICT-673635.
      4. THE SYNDICATE, UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM
         DISTRICT-673635, REPRESENTED BY ITS CHAIRMAN.
      5. THE PUBLIC SERVICE COMMISSION, THULSI HILLS, PATTOM P.O.,
         THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay Exhibits P3 and P5 and all further proceedings pursuant
   thereto, pending disposal of the Writ Petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.GEORGE POONTHOTTAM (SENIOR ADVOCATE) along with M/S. NISHA GEORGE &
   A.L.NAVANEETH KRISHNAN, Advocates for the petitioner, GOVERNMENT PLEADER
   for respondent 1 and of SRI. P.C.SASIDHARAN Advocate for respondents 2 to
   5, the court passed the following:-




                P.T.O.
 WP(C) No.1117/2022                             2/4




                              RAJA VIJAYARAGHAVAN V, J.
                               ---------------------------------
                               W.P.(C) No. 1117 of 2022
                              ----------------------------------
                         Dated this the 13th day of January, 2022


                                              ORDER

The learned Government Pleader takes notice for the 1st respondent. Sri.P.C.Sasidharan, the learned Standing Counsel takes notice for the respondents 2 to 5.

Sri.George Poonthottam, the learned Senior Counsel appearing for the petitioner refers to Act 18 of 2015 and the Special Rules framed thereunder for the recruitment to various non-teaching posts and it is contended that recruitment can be made only through the PSC. It is contended that Ext.P3 order issued by the University with intent to make temporary appointments to the post of Assistants limiting to certain Panchayats is illegal and against all tenets of law. The learned counsel would also refer to Ext.P7 judgment in W.A.No.32/2021 and it was argued that even in cases wherein contract employment is resorted to, the University will have to ensure that a proper appointment procedure through the Public Service Commission is followed so that people who are qualified to apply for the post would not be deprived of an opportunity to compete for the post.

WP(C) No.1117/2022 3/4

W.P.(C) No.1117 of 2022 2

The learned standing counsel has vehemently opposed the prayer. It is submitted that about 150 working days were lost due to COVID and it is with a view to complete the pending tasks that resort was made to carry out temporary appointments from among the qualified hands within the three panchayats wherein the University is situated. It is submitted that Ext.P1 has no application in a situation such as the instant case.

Having considered the submissions, prima facie, I am of the view that the petitioner has made out a case on merits. Exts.P3 and P5 and further proceedings pursuant thereto will stand stayed for a period of four weeks.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE IAP 13-01-2022 /True Copy/ Assistant Registrar WP(C) No.1117/2022 4/4 Exhibit P1 TRUE COPY OF RELEVANT PORTION OF THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICE UNDER THE UNIVERSITIES) ACT, 2015 (ACT 18 OF 2015).

Exhibit P3 TRUE COPY OF ORDER U.O.NO.20807/2021/ADMN DATED 13.12.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE PRESS RELEASE NO.234518/AD-K-

ASST-2/2021/ADMN DATED 11.12.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF JUDGMENT DATED 7.1.2021 IN W.A.NO.32 OF 2021 OF THIS HON'BLE COURT.

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