Kerala High Court
Jyothi Sivanand vs National Institute Of Fashion ... on 31 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.4079/2025 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 31st day of January 2025 / 11th Magha, 1946
WP(C) NO. 4079 OF 2025 (H)
PETITIONER:
JYOTHI SIVANAND, AGED 36 YEARS, D/O.N.SIVANANDAN, PANIKKANTAYYATHU
VADAKKATHIL, KALLELIBHAGOM P.O., KARUNAGAPALLY, KOLLAM, KERALA, PIN
- 690 518.
RESPONDENTS:
1. NATIONAL INSTITUTE OF FASHION TECHNOLOGY, MINISTRY OF TEXTILES,
GOVERNMENT OF INDIA, NIFT CAMPUS, HAUZ KHAS, NEAR GULMOHAR PARK, NEW
DELHI, REPRESENTED BY ITS DIRECTOR, PIN - 110 016.
2. THE DIRECTOR GENERAL, NATIONAL INSTITUTE OF FASHION TECHNOLOGY,
MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, NIFT CAMPUS, HAUZ KHAS,
NEAR GULMOHAR PARK, NEW DELHI, PIN - 110 016.
3. REGISTRAR, NATIONAL INSTITUTE OF FASHION TECHNOLOGY, MINISTRY OF
TEXTILES, GOVERNMENT OF INDIA, NIFT CAMPUS, HAUZ KHAS, NEAR GULMOHAR
PARK, NEW DELHI, PIN - 110 016.
4. NATIONAL INSTITUTE OF FASHION TECHNOLOGY CAMPUS, KANNUR,
DHARMASHALA, MANGATTUPARAMBA, KANUL P.O., KANNUR REPRESENTED BY ITS
DIRECTOR, PIN - 670 562.
5. THE DIRECTOR, NATIONAL INSTITUTE OF FASHION TECHNOLOGY CAMPUS,
KANNUR, DHARMASHALA, MANGATTUPARAMBA, KANUL P.O., KANNUR, PIN - 670
562.
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 direct the respondents to permit the petitioner to continue in
the post of Assistant Professor in the 4th respondent institute till
orders are passed on her claim for regular appointment in terms of Section
32(4) of Ext.P5 Statutes 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
M/S.RILGIN V.GEORGE, K.T.RAVEENDRAN, AKSHARA K.P., MEERA J. MENON, ARATHY
P.S., ANAGHA MANOJ, Advocates for the petitioner and of DEPUTY SOLICITOR
GENERAL OF INDIA-IN-CHARGE for the respondents, the court passed the
following:
WP(C) No.4079/2025 2/4
N.NAGARESH,
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W.P.(C) No.4079 of 2025
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Dated this the 31st day of January, 2025
ORDER
The petitioner submits that the petitioner's case for regular appointment has not been considered as per Clause 32 of the National Institute of Fashion Technology Statutes, 2020, even though the petitioner's service is recorded as outstanding. As the petitioner is completing the tenure of six years, there is every likelihood that the petitioner's service will be dispensed with without considering the petitioner's claim for regular appointment as per Ext.P5 Statutes, 2020.
2. Admit.
3. Deputy Solicitor General of India-in-Charge takes notice for respondents 1 to 5.
4. Deputy Solicitor General of India to get instructions in the matter as to whether the petitioner's case has been considered for regular appointment. WP(C) No.4079/2025 3/4 W.P.(C) No.4079 of 2025 2
5. Post on 18.02.2025.
There will be an interim order directing the respondents to permit the petitioner to continue till then.
Sd/-
N.NAGARESH JUDGE H/o.
hmh 31-01-2025 /True Copy/ Assistant Registrar WP(C) No.4079/2025 4/4 APPENDIX OF WP(C) 4079/2025 Exhibit P5 THE TRUE COPY OF THE NATIONAL INSTITUTE OF FASHION TECHNOLOGY STATUTES 2020 31-01-2025 /True Copy/ Assistant Registrar