Kerala High Court
Udayakumar.B vs State Of Kerala on 4 June, 1999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY,THE 30TH DAY OF SEPTEMBER 2016/8TH ASWINA, 1938
WP(C).No. 23469 of 2006 (R)
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PETITIONER :
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UDAYAKUMAR.B., S/O.BALAKRISHNAN,
'UDAYA RAVI NIVAS', BADIADKA, P.O.PERDALA,
KASARAGOD DISTRICT-671 551.
BY SRI.S.V.BALAKRISHNA IYER,SENIOR ADVOCATE
ADVS. SRI.HARISH R. MENON
SRI.K.JAYAKUMAR
SRI.P.B.KRISHNAN
SRI.R.SURAJ KUMAR
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
2. THE KANNUR UNIVERSITY,
REPRESENTED BY THE REGISTRAR,
KANNUR UNIVERSITY, P.O.MANGATTUPARAMBA,
KANNUR UNIVERSITY CAMPUS,
KANNUR DISTRICT-670 567.
3. THE VICE CHANCELLOR,
KANNUR UNIVERSITY, P.O.MANGATTUPARAMBA,
KANNUR UNIVERSITY CAMPUS,
KANNUR DISTRICT-670 567.
4. ASSISTANT DIRECTOR,
UNIVERSITY TEACHERS EDUCATION CENTRE,
DWARAKA NAGAR, KASARAGOD-671 121.
2/-
-2-
WP(C).NO.23469/2006
5. SHRI RAJA WINSLIN R.R.,
'RAJA SADANA', PALLIVILA, MANOOR, DALMUGHOM,
THIRUVANANTHAPURAM-695 125.
R1 BY SR GOVERNMENT PLEADER SRI.SANTHOSH PETER
R2 & R3 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY
SRI.VIJU THOMAS
SRI. K.JAJU BABU, SC, KANNUR UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30-09-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C).NO.23469/2006
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE CERTIFICATE FROM THE TAHSILDAR, KASARAGOD ISSUED TO
THE PETITIONER CERTIFYING THAT HE IS ENTITLED TO TREATED AS
KANNADIGA, DATED 04/06/1999.
P2 COPY OF THE ADVERTISEMENT THAT APPEARED IN THE MATHRUBHOOMI
DAILY INVITING APPLICATIONS FOR THE POST OF GUEST LECTURERS IN THE
KANNUR UNIVERSITY FOR ITS TEACHERS EDUCATION CENTRES. DATED
19/04/2006.
P3 COPY OF THE MEMO BEARING
NO.ACAD/DI/2794/GL-UTEC/2006 INTIMATING THE PETITIONER REGARDING
HIS SELECTION FOR THE INTERVIEW AND DIRECTING HIM TO REPORT,
DATED 10/07/2006
P4 COPY OF THE ADVERTISEMENT THAT APPEARED IN THE MATHRUBHOOMI
DAILY ANNOUNCING AWALK IN INTERVIEW ON 26/07/2006, DATED 22/07/2006
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO JUDGE
sts
P.V.ASHA, J.
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W.P(C) No.23469 of 2006-R
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Dated this the 30th day of September, 2016
JUDGMENT
The petitioner was an applicant for appointment to the post of Guest Lecturer (Social Studies) in the University Teachers Education Centre at Kannur. Pursuant to Ext.P2 advertisement which appeared on 19.04.2006, inviting applications for selection and appointment to the post, he applied and participated in the interview conducted on 14.07.2006. He did not get selected. Challenging the selection and appointment, he filed this writ petition.
2. Even though several contentions were raised in the Writ Petition, as to the constitution of the selection committee and the appointment made, etc., it is pointed out that the petitioner has got other employment and he does not want to pursue this case. Moreover, the period for which the said appointment was made is also over. However, the learned senior counsel Sri K.Jayakumar pointed out that the University Teachers' Education centre was established in Kasaragode, W.P(C) No.23469 of 2006-R 2 which is a linguistic minority area in order to cater to the needs of linguistic minority groups. Therefore while making selection and appointments to the teaching posts in that institution, due preference or at least some reservation should be made to those who belong to linguistic minority; otherwise it will be contrary to spirit and intent of the constitutional protection to the linguistic minority envisaged under Article 350A of the Constitution of India. The learned Senior Counsel points out that there are several institutions with Kannada as the medium of education; in order to see that the teachers in such institutions are well equipped, it is necessary to see that at least a percentage of the posts of the teachers of Teacher Education Centre are filled up from among such minority groups or from among those having working knowledge in that language in order to impart training in the said medium of education also, which will be ultimately beneficial to the linguistic minority communities, as envisaged under Article 350A of the Constitution. It is pointed out that the University does not take into account the number of Kannada medium schools in the locality.
3. The learned counsel for the University submitted that selection and appointments to the Teachers Education Centre, W.P(C) No.23469 of 2006-R 3 Kasaragode are to be made in accordance with the provisions contained in the University statutes and there is no provision for any preference or reservation to those belonging to linguistic minorities, provided as per the statute.
Having heard the learned counsel for the petitioner as well as the learned counsel for the University, I am of the opinion that these are all matters within the exclusive realm of the University as well as the Government. This court cannot extend its jurisdiction under Article 226 to such academic matters for which there are experts to decide.
Therefore, this writ petition is closed with the above observations.
Sd/-
(P.V.ASHA, JUDGE) rtr/