Kerala High Court
Pramod Kumar K vs State Of Kerala on 14 December, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
WP(C).No.24035 OF 2020(D)
PETITIONER:
PRAMOD KUMAR K., LECTURER, DEPARTMENT OF
MECHANICAL ENGINEERING, NSS POLYTECHNIC COLLEGE,
PANDALAM, PATHANAMTHITTA DISTRICT, PIN-689 501.
SRI.S.P.ARAVINDAKSHAN PILLAY
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
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001
2 DIRECTOR OF TECHNICAL EDUCATION,
DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASOM
ROAD, THIRUVANANTHAPURAM, PIN-695 023.
3 SENIOR JOINT DIRECTOR (PS),
DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASOM
ROAD, THIRUVANANTHAPURAM, PIN-695 023.
4 PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE,
THRISSUR, PIN-620 680.
5 HASHIM.A.S., LECTURER, SSM POLYTECHNIC COLLEGE,
THIROOR, MALAPPURAM DISTRICT, PIN-676 104.
SRI.K.P.PRADEEP
SMT.T.THASMI
SMT. NISHA BOSE - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24035 OF 2020(D)
2
JUDGMENT
Dated this the 14th day of December 2020 The petitioner has approached this Court impugning Ext.P14 order, as per which, the Directorate of Technical Education, Thiruvananthapuram, has nominated the fifth respondent - Sri.Hashim A.S., to the M.Tech Degree course in Mechanical Engineering, under the Quality Improvement Programme (QIP), on deputation in preference to him. The petitioner says that, going by Ext.P4 Government Order, candidates have to be evaluated by the competent Screening Committee based on their seniority in the post of Lecturers and that since, admittedly, he was promoted as Lecturer on 27.10.2017, while the fifth respondent was so promoted only on 02.06.2019, Ext.P14 is untenable and liable to be set aside to that extent.
2. When I had heard the afore submissions made on behalf of the petitioner by his learned counsel Sri.V.Varghese on 10.11.2020, I had passed an interim order - also taking into account the submissions made by the Senior Government Pleader, Smt.Nisha Bose - directing the second respondent to WP(C).No.24035 OF 2020(D) 3 hear the petitioner and the fifth respondent and take a final decision as to who is more eligible.
3. Subsequently, through a memo dated 23.11.2020, the learned Government Pleader placed on record an order of the second respondent holding that the petitioner is, in fact, more competent than the fifth respondent, since he is senior to him in the post of Lecturer and left it to the decision of this Court as to who among them be deputed for the QIP.
4. Dr.K.P.Pradeep, learned counsel appearing for the fifth respondent, submitted that Ext.P14 is irreproachable and contested the contents of the order filed by the learned Government Pleader, along with memo dated 23.11.2020, by asserting that his client was originally promoted as a Workshop Superintendent on 30.07.2015 and probation in such post declared on 30.07.2017. He, however, conceded that his client was reverted as a Workshop Inspector on 03.03.2018; but subsequently promoted as a Lecturer on 01.06.2019. Dr.K.P.Pradeep thus vehemently submitted that going by Ext.R5(f) Notification of the All India Council for Technical Education (AICTE) dated 20.05.2020, the post of Workshop Superintendent has been treated to be at par with Lecturers for the benefits of promotion applicable to them and WP(C).No.24035 OF 2020(D) 4 that the post of Workshop Superintendents have also been directed to be treated as being eligible for being selected as Heads of Departments and Principals through direct recruitment.
5. Sri.Pradeep, therefore, predicated that since his client had already been promoted as a Workshop Superintendent as early as on 30.07.2015, he is entitled to be treated as a Lecturer from that date, going by Ext.R5(f); and therefore, that he is senior to the petitioner, even in the position of Lecturer.
6. On the issue relating to the reversion of his client as a Workshop Instructor on 03.03.2018 is concerned, Sri.Pradeep submitted that since the probation of his client in the post of Workshop Superintendent had been declared on 30.07.2017, he would be senior to the petitioner, since admittedly, he was appointed as a Lecturer only on 02.10.2017. Dr.Pradeep thus prayed that this writ petition be dismissed and Ext.P14 be approved.
7. In answer to the afore submissions of Dr.K.P.Pradeep, the learned Senior Government Pleader, Smt.Nisha Bose, submitted that the fifth respondent cannot have any grievance in this case because he was aware, through Ext.P4 order of WP(C).No.24035 OF 2020(D) 5 the Government, that deputations for QIP will be considered from among candidates only on the basis of their "seniority in Lectureship". She added to this by saying that a further Government order has been placed on record, along with a memo dated 09.12.2020, wherein it has been categorically mandated that Computer Programmers, System Programmers, Workshop Staff, Guest Lecturer, Visiting Lecturer, Teaching Assistants, Ad-hoc Appointees, Technical Assistants and such other categories of staff are not eligible for the QIP programme as per the AICTE norms; and therefore, that only applicants who are in the post of Lecturer can be considered for the QIP. She concluded her submissions by saying that since the petitioner was appointed as a Lecturer with effect from 27.10.2017 while the fifth respondent was so appointed only with effect from 02.06.2019, it is without doubt that the petitioner must be preferred for being deputed to the QIP.
8. I have examined the materials available on record and have tested them against the pleadings made and the submissions urged as afore by the rival parties.
9. The contentions of the fifth respondent, as voiced by Dr.K.P.Pradeep, is that since the post of Workshop Superintendent has been equated for all purposes, through WP(C).No.24035 OF 2020(D) 6 Ext.R5(f) Notification of the AICTE, to be equivalent to the post of Lecturer, his experience must be reckoned from the period when he worked as Workshop Superintendent also.
10. Even though, at first blush, this submission may look attractive as far as this particular case is concerned and as far as the consideration of the deputation to the QIP Programme is concerned, it loses its sheen because, as rightly stated by the learned Government Pleader, in Ext.P4 which is dated 11.06.2018, it has been made clear that only the seniority of the candidates in the post of Lecturer will be taken into account. The fifth respondent has not chosen to challenge the contents of this order, which, in fact, has been reiterated in the subsequent Circular, dated 16.09.2020, namely Ext.P11.
11. That apart, the Government order produced along with the memo, dated 09.12.2020, by the Government Pleader, also clearly show that Workshop staff - which includes Workshop Superintendents - has been excluded from the process of consideration for deputation to the QIP; and obviously therefore, I cannot find fault with the order now placed on record by the learned Senior Government Pleader along with her memo dated 09.12.2020 - finding the petitioner to be more qualified and eligible to be deputed to the QIP WP(C).No.24035 OF 2020(D) 7 Programme.
12. It is indubitable that the AICTE notification, namely Ext.R5(f), provides that the post of Workshop Superintendent is equated to the post of Lectureship for the purpose of promotion applicable to Lecturers and that they are eligible to be selected as Heads of Departments and as Principals through direct recruitment. But coming to the applicable orders relating to QIP, it is equally ineluctable that Ext.P11 and the Government order dated 02.08.2019 - a copy of which has been placed on record along with memo of the learned Government Pleader dated 09.12.2020 - will hold the field.
13. Admittedly, as per the aforementioned orders, it is only the seniority of candidates in the post of Lecturer which is to be reckoned and not the experience gained by the fifth respondent as a Workshop Superintendent.
14. I, therefore, cannot find favour with the submissions made by Dr.K.P.Pradeep in support of Ext.P14 and I am, consequently, constrained to allow this writ petition as prayed for by the petitioner.
Axiomatically, this writ petition will stand allowed and Ext.P14, to the extent to which the fifth respondent has been shown to be nominated for participating in QIP Programme in WP(C).No.24035 OF 2020(D) 8 Mechanical Engineering, will stand set aside; with a consequential direction to the respondents to nominate the petitioner, subject to his experience and credentials.
The afore exercise shall be completed by the competent respondent as expeditiously as is possible, but not later than ten days from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN Stu JUDGE WP(C).No.24035 OF 2020(D) 9 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.F/5980/2017 DATED 27.10.2017 OF THE CHAIRMAN OF NSS POLYTECHNIC COLLEGE, PANDALAM.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.DP6/43193/17/DTE DATED 05.01.2018 OF THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER NO.DP6/13122/20/DTE DATED 29.06.2020 OF THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE GO(MS)NO.133/2018/H.EDN DATED 11.06.2018.
EXHIBIT P5 TRUE COPY OF THE GO(MS)NO.137/2019/H.EDN DATED 21.05.2019.
EXHIBIT P6 TRUE COPY OF THE GO(MS)NO.155/2019/HEDN DATED 03.06.2019.
EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO.L2/34254/19/DTE DATED 29.11.2019 OF THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE PRINT OUT OF THE ONLINE APPLICATION FORM FOR ADMISSION TO M.TECH PROGRAMME ON 20.08.2020.
EXHIBIT P9 TRUE COPY OF THE LETTER NO.L2/22792/17/DTE DATED 25.08.2020 OF THE 2ND RESPONDENT ADDRESSED TO THE PRINCIPALS OF THE VARIOUS POLYTECHNIC COLLEGES.
EXHIBIT P10 TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.H/3969/2020 DATED 18.09.2020 ISSUED BY THE CHAIRMAN, GOVERNING BODY OF NSS POLYTECHNIC COLLEGE, PANDALAM TO THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO.L2/22792/17/DTE DATED 16.09.2020 OF THE 2ND RESPONDENT. EXHIBIT P12 TRUE COPY OF THE SENIORITY LIST OF TEACHERS IN THE DEPARTMENT OF MECHANICAL ENGINEERING OF THE COLLEGE.
WP(C).No.24035 OF 2020(D) 10 EXHIBIT P13 TRUE COPY OF THE ORDER NO.RDP2/842/2018 DATED 07.05.2018 OF THE JOINT DIRECTOR, REGIONAL DIRECTORATE OF TECHNICAL EDUCATION, KOZHIKODE.
EXHIBIT P14 TRUE COPY OF THE ORDER NO.L2/22792/17/DTE DATED 22.10.2020 OF THE 2ND RESPONDENT. EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 25.10.2020 FILED BY THE APPLICANT BEFORE THE 1ST RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE APPOINTMENT ORDER NO.F/972/2008 DATED 09/02/2008 OF THE CHAIRMAN, NSS POLYTECHNIC, PANDALAM.
EXHIBIT P17 TRUE COPY OF THE ORDER NO.DP6/15927/2008/DTE/KDIS. DATED 21/06/2008 OF THE 3RD RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE ORDER NO.DP6/14834/2010/DTE DATED 21/05/2010 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS:
EXHIBIT R5(a): TRUE COPY OF THE ORDER DATED 17/06/2008 OF THE MANAGER, SSM POLYTECHNIC COLLEGE, THIRUR.
EXHIBIT R5(b): TRUE COPY OF THE ORDER NO.RDP2/760/2016 DATED 01/04/2016 ISSUED BY THE REGIONAL DIRECTOR OF TECHNICAL EDUCAION, KOZHIKODE.
EXHIBIT R5(c): TRUE COPY OF THE ORDER NO.RDP2/2436/2017 DATED 13/10/2017 ISSUED BY THE REGIONAL DIRECTOR OF TECHNICAL EDUCATION, KOZHIKODE.
EXHIBIT R5(d): TRUE COPY OF THE ORDER NO.RDP2/842/2018 DATED 07/05/2018 ISSUED BY THE REGIONAL DIRECTOR OF TECHNICAL EDUCATION, KOZHIKODE.
EXHIBIT R5(e): TRUE COPY OF THE ORDER NO.RDP2/1636/2018 DATED 16/08/2019 ISSUED BY THE REGIONAL DIRECTOR OF TECHNICAL EDUCATION, KOZHIKODE.
EXHIBIT R5(f): TRUE COPY OF THE NOTIFICATION F.NO.61- 3/RIFD/7TH CPC/2016-17 DATED 20/05/2020. WP(C).No.24035 OF 2020(D) 11 EXHIBIT R5(g): TRUE COPY OF THE REPLY DATED 19/11/2020 SUBMITTED BY THE 5TH RESPONDENT HEREIN.
EXHIBIT R5(h): TRUE COPY OF THE CIRCULAR NO.L2/22792/17/DTE DATED 07/10/2020 WITH DRAFT LIST OF THE 2ND RESPONDENT EXHIBIT R5(i): TRUE COPY OF THE ORDER NO.L2/22792/17/DTE DATED 03/11/2020 OF THE 2ND RESPONDENT HEREIN.