Kerala High Court
Harish Kumar V.C vs The State Of Kerala on 10 June, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944
WP(C) NO. 2670 OF 2021
PETITIONER:
HARISH KUMAR V.C.
AGED 35 YEARS
SON OF V.N.CHANDRASEKHARAN PILLAI, LECTURER IN
ELECTRICAL AND ELECTRONICS ENGINEERING N.S.S.
POLYTECHNIC COLLEGE, P.O., PANDALAM, PATHANAMTHITTA
DISTRICT-689501, (RESIDING AT VALIYAVILAYIL,
P.O.MANNAM NAGAR, PERUMPLICKAL, PANDALAM,
PATHANAMTHITTA DISTRICT-689501) (M.9961940758).
BY ADVS.
V.A.MUHAMMED
SRI.V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF TECHNICAL EDUCATION,
PADMAVILASAM ROAD, FORT, THIRUVANANTHAPURAM-695012.
3 THE PRINCIPAL,
NSS POLYTECHNIC COLLEGE, P.O.PANDALAM,
PATHANAMTHITTA DISTRICT-689501.
4 SMT.SARIKA S.,
LECTURER IN ELECTRONICS, ELECTRICAL AND ELECTRONICS
DEPARTMENT, NSS POLYTECHNIC COLLEGE, P.O.PANDALAM,
PATHANAMTHITTA DISTRICT-689501.
5 THE CHAIRMAN,
GOVERNING BODY, NSS POLYTECHNIC COLLEGE, PANDALAM,
NSS HEAD OFFICE, PERUNNA, CHANGANACHERRY-686002,
2
W.P.(C)No. 2670 of 2021.
KOTTAYAM DISTRICT.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.P.GOPAL
SMT.N.SANTHA
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SHRI.VISHNU V.K.
KUM.ABHIRAMI K. UDAY
SHRI.KURUVILLA SABU CHRISTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P.(C)No. 2670 of 2021.
JUDGMENT
Dated this the 10th day of June, 2022.
The petitioner says that he is working as a Lecturer in Electrical and Electronics Engineering from year 2012, in the N.S.S Polytechnic College, Pandalam, which is an aided college under the Management of the 5 th respondent - Governing Body. He says that he is senior to the 4th respondent in the Department of Electrical and Electronic Engineering, but that, overlooking the same, the latter has been granted promotion as Head of the Department (HoD) and thus asserts that this is illegal and unlawful.
2. Smt.P.A.Jenzia - learned Counsel for the petitioner, further submitted that, when disputes 4 W.P.(C)No. 2670 of 2021.
regarding seniority was initiated by her, it was taken up through the hierarchy of the Authorities, finally culminating in Ext.P15 order of the Joint Secretary, Government of Kerala; but that without considering any of her client's contentions, the said Authority has directed the promotion of the 5 th respondent. She, therefore, prays that Ext.P15 and the consequential proceedings issued by the 5th respondent, namely Ext.P16, be set aside.
3. In response Sri.P.Gopal - learned Standing Counsel for the 5th respondent, began his submissions relying on a counter affidavit filed by his client, wherein, it has been specifically averred that the parties in this case are all working in the same department, namely, Electrical and Electronics Department; and pointed out to Ext.R4(a) seniority list of an allied department, namely 5 W.P.(C)No. 2670 of 2021.
Electronics and Communication Department, in substantiation. He, then submitted that, going by the Special Rules applicable, the qualifications for the post of HoD in Engineering/Technology are the following:
"Bachelor's and Master's Degree of appropriate branch in Engineering/Technology with First Class or equivalent either at Bachelor's or Master's level".
OR "Bachelor's and Master's Degree of appropriate branch in Engineering/Technology with First Class or equivalent either at Bachelor's or Master's level and Ph.D or equivalent, in appropriate discipline in Engineering/Technology".
4. He then explained that a minimum experience of 10 years in teaching/research/industry is also prescribed for those who possess first among the qualifications mentioned above; while, those who possess the second of the above qualifications (namely Ph.D), need to have only 5 years experience in teaching/research/industry. He submitted that, therefore, 6 W.P.(C)No. 2670 of 2021.
it is clear that the 4th respondent was fully qualified for being appointed as HoD and and that she was thus granted the said benefit, particularly because, going by the undisputed seniority list, she was senior to the petitioner.
5. Sri.P.Varghese - learned counsel appearing for the 4th respondent, submitted that, his client has filed a counter affidavit, wherein, controverting the seniority list produced by the petitioner as Ext.P11, Ext.R4(r) has been produced, which indubitably show that the former list has been interpolated to make it appear that there are two different departments. He asserted that there is only one department, in which there is a common seniority list and that going by Ext.R4(r), his client is the senior most. He submitted that, therefore, there can be no justification for the petitioner's contentions in this case, 7 W.P.(C)No. 2670 of 2021.
particularly when Ext.R4(r) remains unimpeached.
6. When I consider the afore submissions and go through Special Rules that are applicable, there can be little doubt that the petitioner can claim to be appointed as HoD only if he is able to establish there are two different departments and that the experience of the 4 th respondent in the electrical division cannot be reckoned for the purposes of her promotion as the HoD.
7. That apart, as long as Ext.R4(r) seniority list shows that it is a common one and that the 4 th respondent has been placed senior to the petitioner therein, I fail to understand how he can impell any claim in preference to her.
8. In the afore circumstances, it is apodictic that this Court cannot find in favour of the petitioner, though his liberty to challenge the seniority list in terms of law, 8 W.P.(C)No. 2670 of 2021.
certainly is open to him if he so desires.
Resultantly, leaving the afore liberty open, I close this writ petition without any further orders.
Sd/-
DEVAN RAMACHANDRAN JUDGE Raj/10.06.2022.
9W.P.(C)No. 2670 of 2021.
APPENDIX OF WP(C) 2670/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 12.7.2012. EXHIBIT P1(A) TRUE COPY OF THE ORDER NO.DP6/32195/12/DTE DATED 9.9.2012 OF THE SENIOR JOINT DIRECTOR(PS). EXHIBIT P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE PRINCIPAL, SREE BUDDHA COLLEGE OF ENGINEERING DATED 30.12.2020.
EXHIBIT P3 TRUE COPY OF THE LETTER OF THE PETITIONER DATED 26.2.2019.
EXHIBIT P3(A) TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DIRECTOR DATED 8.4.2019.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE CHAIRMAN DATED 20.5.2019.
EXHIBIT P5 TRUE COPY OF THE LETTER NO.DP6/15469/19/DTE DATED 29.7.2019 OF THE SENIOR JOINT DIRECTOR.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE M.G.UNIVERSITY DATED 19.9.2019. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 10 W.P.(C)No. 2670 of 2021.
25.9.2019.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.DP6/15469/19/DTE DATED 18.10.2019 OF THE DIRECTOR.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DIRECTOR DATED 9.12.2019.
EXHIBIT P10 TRUE COPY OF THE G.O.(MS)NO.204/2019/H.EDN. DATED 29.6.2019 OF THE GOVT.
EXHIBIT P11 TRUE COPY OF THE SENIORITY LIST OF TEACHING STAFF DATED 14.7.2020. EXHIBIT P12 TRUE COPY OF THE LETTER NO.DP6/14177/19/DTE DATED 2.5.2019 OF THE SENIOR JOINT DIRECTOR.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN WP(C) NO.19228/2019 DATED 11.8.2020. EXHIBIT P14 TRUE COPY OF THE JUDGMENT IN WP(C) NO.20160/2020 DATED 28.9.2020.
EXHIBIT P15 TRUE COPY OF THE G.O.(RT)NO.57/2021/HEDN DATED 11.1.2021 OF THE GOVT.
EXHIBIT P16 TRUE COPY OF THE PROMOTION ORDER NO.H/267/2021 DATED 12.1.2021 OF THE CHAIRMAN.
EXHIBIT P17 TRUE COPY OF THE DIPLOMA SYLLABUS REVISION 2015.
11W.P.(C)No. 2670 of 2021.
EXHIBIT P18 TRUE COPY OF THE G.O.(MS) NO.75/2014/FIN. DATED 20.2.2014 OF THE GOVERNMENT.
EXHIBIT P19 TRUE COPY OF THE NOTIFICATION ISSUED BY THE AICTE DATED 28.4.2017.
EXHIBIT P20 TRUE COPY OF THE LETTER NO.RTI/12948/2019/DTE DATED 3.5.2019 OF THE SENIOR JOINT DIRECTOR.
EXHIBIT P21 TRUE COPY OF THE LETTER NO.DP5/8316/17.DTE OF THE SENIOR JOINT DIRECTOR.
EXHIBIT P22 TRUE COPY OF THE ORDER NO.DT6/25449/06/DTE DATED 3.10.2006 OF THE SENIOR JOINT DIRECTOR.
EXHIBIT P23 TRUE COPY OF THE ORDER NO.DP6/29631/19/DTE DATED 28.5.2020 OF THE SENIOR JOINT DIRECTOR.
EXHIBIT P24 TRUE COPY OF THE G.O.(MS)NO.204/2020/H.EDN. DATED 6.6.2020 OF THE GOVT.
EXHIBIT P25 TRUE COPY OF THE DECISION REPORTED IN 2016 (4) KHC 627 DECIDED ON 12.7.2016.
RESPONDENT EXHIBITS Exhibit R4(a) TRUE COPY OF M.E.DEGREE CERTIFICATE DATED DECEMBER 2018 ISSUED BY THE ANNA UNIVERSITY, CHENNAI 12 W.P.(C)No. 2670 of 2021.
Exhibit R4b TRUE COPY OF CONSOLIDATED STATEMENT OF GRADES OF ME DEGREE EXAMINATIONS Exhibit R4(c) TRUE COPY OF THE APPOINTMENT ORDER NO.F/5961/07 DATED 30.7.2007 OF THE 5TH RESPONDENT Exhibit R4(d) TRUE COPY OF THE ORDER NO DP6/33276/07/DTE DATED 20.2.2008 OF THE 2ND RESPONDENT Exhibit R4(e) TRUE COPY OF THE RELEVANT EXTRACT OF THE STATEMENT OF TEACHING AND NON- TEACHING STAFF OF NSS POLYTECHNIC COLLEGE, PANDALAM, AS ON 10.6.2018 Exhibit R4(f) TRUE COPY OF THE SUBMISSION DATED 29.3.2019 OF SMT.P.RADHIKA Exhibit R4(g) TRUE COPY OF THE LETTER NO DP6/7621/21/ DTE DATED 25.2.2021 OF THE SENIOR JOINT DIRECTOR IN THE OFFICE OF THE 2ND RESPONDENT Exhibit R4(h) TRUE COPY OF THE RELEVANT EXTRACT OF THE PROSPECTUS FOR THE YEAR 2017-2018 Exhibit R4(i) TRUE COPY OF THE RELEVANT EXTRACT OF THE PRINT OUT DOWNLOADED FROM THE WEBSITE OF THE COLLEGE Exhibit R4(j) TRUE COPY OF THE PRINTOUT DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE COLLEGE SHOWING THE NAMES AND DESIGNATIONS OF THE MEMBERS OF THE FACULTY BELONGING TO ELECTRICAL AND 13 W.P.(C)No. 2670 of 2021.
ELECTRONICS ENGINEERING RESPONDENT EXHIBITS Exhibit R4(k) TRUE COPY OF THE PRINTOUT DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE COLLEGE SHOWING THE NAMES AND DESIGNATIONS OF THE MEMBERS OF THE FACULTY BELONGING TO ELECTRONICS AND COMMUNICATION ENGINEERING DEPARTMENT RESPONDENT EXHIBITS Exhibit R4(l) TRUE COPY OF THE GO(RT) NO 277/2008/H.EDN DATED 14.2.2008 Exhibit R4(m) TRUE COPY OF THE LETTER NO D1/976/2019 DATED 28.3.2019 OF THE JOINT CONTROLLER OF TECHNICAL EXAMINATIONS RESPONDENT EXHIBITS Exhibit R4(n) TRUE COPY OF THE PRINT OUT OF SESSIONAL MARKS AWARDED TO THE STUDENTS OF ELECTRICAL AND ELECTRONICS ENGINEERING OF THE COLLEGE, AS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE 2ND RESOPNDENT RESPONDENT EXHIBITS Exhibit R4(o) TRUE COPY OF THE RECEIPTS ISSUED BY THE DEPARTMENT OF TECHNICAL EDUCATION IN CONNECTION WITH THE CENTRALIZED VALUATION CAMP Exhibit R4(p) TRUE COPY OF THE RELEVANT EXTRACT OF THE TABLE OF THE ASSIGNMENT OF 14 W.P.(C)No. 2670 of 2021.
VALUATION DUTY OF VARIOUS LECTURERS TO BE CO-ORDINATED BY THE 4TH RESPONDENT Exhibit R4(q) TRUE COPY OF THE CERTIFICATE DATED 27.6.2018 ISSUED TO THE 4TH RESPONDENT BY THE NATIONAL INSTITUTE OF TECHNICAL TEACHERS' TRAINING AND RESEARCH, GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCES DEVELOPMENT UNDER THE QUALITY IMPROVEMENT PROGRAMME Exhibit R4(r) TRUE COPY OF THE SENIORITY LIST OF TEACHING STAFF AS ON 1.6.2020 (ELECTRICAL & ELECTRONICS ENGINEERING DEPARTMENT) Exhibit R4(s) TRUE COPY OF THE M.TECH DEGREE CERTIFICATE OF THE PETITIONER Exhibit R4(t) TRUE COPY OF THE LETTER NO ACAIV/01/3155/20 DATED 15.10.2020 OF THE PUBLIC INFORMATION OFFICER OF THE MAHATMA GANDHI UNIVERSITY Exhibit R4(u) TRUE COPY OF THE RTI APPLICATION DATED 29.9.2020 Exhibit R4(v) TRUE COPY OF THE CERTIFICATE NO AC.A4/447/2017 DATED 6.7.2017 ISSUED BY THE REGISTRAR OF MAHATMA GANDHI UNIVERSITY Exhibit R4(w) TRUE COPY OF THE RELEVANT EXTRACT OF THE SYLLABUS FOR THE DIPLOMA COURSE IN MECHANICAL ENGINEERING 15 W.P.(C)No. 2670 of 2021.
Exhibit R4(x) TRUE COPY OF THE RELEVANT EXTRACT OF THE SYLLABUS FOR THE DIPLOMA COURSE IN ELECTRONICS AND COMMUNICATION ENGINEERING Exhibit R4(y) TRUE COPY OF THE STATEMENT OF WORKLOAD ALLOTTED TO THE 4TH RESPONDENT FROM 2007 ONWARDS