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[Cites 3, Cited by 1]

Kerala High Court

Anty T. J vs State Of Kerala on 18 August, 2020

Bench: A.M.Shaffique, P Gopinath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                &

              THE HONOURABLE MR. JUSTICE GOPINATH P.

 TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942

                    WP(C).No.33871 OF 2019(H)


PETITIONER:

               ANTY T. J.
               AGED 38 YEARS
               ASSISTANT PROFESSOR, DEPARTMENT OF PHYSICAL
               EDUCATION, ST. ALBERT'S COLLEGE, BANERJI ROAD,
               ERNAKULAM, PIN - 682 018.

               BY ADVS.
               SRI.ABRAHAM VAKKANAL (SR.)
               SMT.VINEETHA SUSAN THOMAS

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695 001.

      2        PRINCIPAL SECRETARY
               HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695 001.

      3        PRINCIPAL SECRETARY
               FINANCE DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695 001.

      4        THE DIRECTOR OF COLLEGIATE EDUCATION
               VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.
 WP(C) No. 33871/2019 &
WA No.585/2020
                              -:2:-

       5      THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
              ERNAKULAM, PIN - 682 011.

       6      MAHATMA GANDHI UNIVERSITY
              REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI
              HILLS P. O., KOTTAYAM, PIN - 686 560.

       7      THE MANAGER
              ST. ALBERT'S COLLEGE, BANERJI ROAD,
              ERNAKULAM - 682 018.

       8      TREASURY OFFICER
              ADDITIONAL SUB TREASURY, PARK AVENUE, MARINE
              DRIVE, ERNAKULAM - 682 011.

              R1-5, R8 BY GOVERNMENT PLEADER
              SMT.RAJI T. BHASKAR
              R6 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.07.2020, ALONG WITH WA.585/2020, THE COURT ON 18/8/2020
DELIVERED THE FOLLOWING:
 WP(C) No. 33871/2019 &
WA No.585/2020
                               -:3:-

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                 &

             THE HONOURABLE MR. JUSTICE GOPINATH P.

 TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942

                         WA.No.585 OF 2020

AGAINST THE JUDGMENT IN WP(C) 2595/2019(Y) OF HIGH COURT OF
                          KERALA


APPELLANTS/RESPONDENTS 1 TO 3 IN WP(C):

       1      STATE OF KERALA
              REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
              GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM-695 001.

       2      THE DIRECTOR OF COLLEGIATE EDUCATION,
              VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.

       3      THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
              ERNAKULAM-682 011.

              BY GOVERNMENT PLEADER SMT. RAJI. T. BHASKAR-
              G.P.,

RESPONDENTS/PETITIONER & RESPONDENTS 4 AND 5 IN WP(C):

       1      ANTY.T.J.,
              ASSISTANT PROFESSOR, DEPARTMENT OF PHYSICAL
              EDUCATION, ST.ALBERTS COLLEGE, BANERJI ROAD,
              ERNAKULAM-682 018.
 WP(C) No. 33871/2019 &
WA No.585/2020
                                -:4:-

       2      MAHATMA GANDHI UNIVERSITY,
              REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI
              HILLS P.O., KOTTAYAM, PIN-686 560.

       3      THE MANAGER, ST.ALBERTS COLLEGE,
              BANERJI ROAD, ERNAKULAM-682 018.

              R1 BY ADV.   SRI.ABRAHAM VAKKANAL (SR.)
              R1 BY ADV.   SMT.VINEETHA SUSAN THOMAS
              R3 BY ADV.   SRI.SHERRY J. THOMAS
              SRI. ASOK.   M.CHERIYAN-S.C.

     THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
30.07.2020, ALONG WITH WP(C).33871/2019(H), THE COURT ON
18/8/2020 DELIVERED THE FOLLOWING:
 WP(C) No. 33871/2019 &
WA No.585/2020
                                    -:5:-



                            JUDGMENT

Dated this the 18th day of August, 2020 Shaffique, J.

Writ appeal is filed by the State and its officers challenging judgment dated 12/2/2019 in WP(C) No. 2595/2019 by which a learned Single Judge having allowed the writ petition issued the following directions:

"i) The petitioner shall be granted salary from the current month onwards without any delay.
ii) The arrears shall be paid within three months. Iii) If the Deputy Director of Collegiate Education propose to conduct an enquiry that shall be concluded within two months.
iv) The payment of salary would depend upon such enquiry.
v) Needless to say the petitioner and the Manager shall be heard before taking a decision by the Deputy Director of Collegiate Education."

2. WP(C) No. 33871/2019 is filed by Sr.i.Anty T.J., who is the writ petitioner in WP(C) No. 2595/2019, challenging orders passed by the Government rejecting his claim for regularisation of appointment as Assistant Professor (Physical Education) in the St.Albert's College, Ernakulam, pursuant to orders passed by this WP(C) No. 33871/2019 & WA No.585/2020 -:6:- Court in WP(C) No.2595/2019. The factual aspects relating to both the cases are substantially the same and hence heard and decided together

3. The short facts of the case are as under and the parties and documents are being referred as shown in WP(C) No. 33871/2019 unless otherwise stated. Petitioner was appointed as Assistant Professor in Physical Education in the St.Albert's College, Ernakulam on 20/10/2014. According to him, the said appointment is against a permanent vacancy which had arisen upon transfer of another teacher Sri.Abin Wilson, who was working as Assistant Professor in Physical Education. The Standing Committee of the Syndicate had approved his appointment. However, the Government did not sanction the post nor disburse the salary for which he filed WP(C) No. 2595/2019. Learned Single Judge of this Court passed the judgment as stated above which is impugned in WA No. 585/2020. Pursuant to the directions, when a contempt case was filed, the Deputy Director of Collegiate Education issued fresh orders on 13/11/2019 and 19/11/2019 inter alia stating that the appointment of the petitioner cannot be approved. The said orders are produced as WP(C) No. 33871/2019 & WA No.585/2020 -:7:- Exts.P19 and P21 which are impugned in the present writ petition. Petitioner also seeks for a direction to disburse the salary due to him from 20/10/2014.

4. Counter affidavit has been filed by the 5th respondent inter alia stating that there were two teachers working in the department of Physical Education in the said college. Government conducted reassessment of work load in a meeting held on 18/12/2002 and the staff strength was revised. It was found that the student strength was below 1000 during the relevant time. The adalath review is produced as Ext.R5(c). As per Ext.R5(c), only one post was sanctioned and only one teacher was working during the relevant time. Sri.Abin Wilson was appointed in the vacancy that had arisen due to the retirement of Sri.Joseph Sebastian, which occurred on 31/5/1999. On delinking of Pre- Degree from Colleges, Government issued GO(MS) No.260/2010/H.Edn dated 20/8/2010, by which Colleges were directed not to make any fresh appointments in private colleges. It was further directed that Registrars of the Universities shall issue approvals of appointments in the newly created posts only after satisfying that such appointments are in accordance with WP(C) No. 33871/2019 & WA No.585/2020 -:8:- the workload fixed by the Government and the conditions mentioned in the said Government Order.

5. The contention urged by the State is that two proposals were submitted by the Principal of College for concurrence of appointment of Sri.Sajeev Jose and the petitioner by letter dated 27/7/2017. Their appointment was approved by the University as per its letter dated 14/7/2017. Sri.Sajeev Jose, who was the first rank holder was appointed against the vacancy that occurred due to retirement of Sri.Mathew Sebastian who retired on 31/5/2003. The said vacancy is seen filled on 17/10/2014 which has been approved by the respondent. However, the appointment of the petitioner was objected. The Manager had sent a letter to the Director of Collegiate Education on 18/12/2017 for which a reply had been sent on 22/2/2018, which is produced as Ext.R5(a). It is further stated that the workload and the posts were reassessed on the basis of Government Order dated 20/8/2010 and no additional post was sanctioned in the department of Physical Education. Further, by letter dated 15/7/2019 (Ext.R5(e)), the respondent had called upon the Registrar, M.G.University to reconsider their decision to WP(C) No. 33871/2019 & WA No.585/2020 -:9:- approve appointment of the petitioner. It is further stated that pursuant to the directions issued by this court on 12/2/2019, a hearing was conducted on 20/3/2019 and the hearing note is produced as Ext.R5(f). Therefore, according to the Government, though initially two teachers were working in the department of Physical Education, when a reassessment of workload was conducted on 18/12/2002, it was found that one teacher was surplus and as per Government Order dated 20/8/2010 [Ext.R5(d)], no additional post has been sanctioned in the department of Physical Education in St.Albert's College until now. It is therefore contended that in the absence of the post being sanctioned, the college was not entitled to appoint any person to the said post.

6. The learned Government Pleader further submitted that the college could have appointed a teacher only against a sanctioned post. In the case on hand, though there were two teachers working in the year 2002, it was found on reassessment that there could only be one post. Thereafter the college has not requested for any reassessment and if they have appointed a teacher on their own, the Government is not responsible to ratify WP(C) No. 33871/2019 & WA No.585/2020 -:10:- their action and to pay salary. In fact, in the hearing note, which is produced as Ext.R5(f), it is borne out that two Physical Education teachers were working in the college prior to 2002 when the Adalat was conducted. In the vacancy of Sri.Joseph Sebastian who retired on 31/5/1999, Sri.Abin Wilson was appointed on 3/8/2009. Sri.Abin Wilson was transferred and in that vacancy Sri.Anty.T.J was appointed. Until Sri.Abin Wilson was appointed on 3/8/2009, there was no permanent teacher in that post. It is further observed that more than 400 girl students are studying in the said college and therefore, a lady teacher ought to be appointed if at all there is any vacancy.

7. Learned Senior counsel Sri.Abraham Vakkanal appearing on behalf of the writ petitioner would submit that the petitioner was appointed in a vacancy that occurred on transferring Sri.Abin Wilson. When Sri.Abin Wilson's appointment has been approved, there is no reason for not approving the appointment of petitioner who had joined the said post. That apart, it is submitted that student strength had increased considerably over a period of time and it is for the Government to consider whether the student strength had increased and it is for WP(C) No. 33871/2019 & WA No.585/2020 -:11:- them to conduct appropriate enquiry. The University had after considering the proposal approved the appointment of the petitioner as Physical Education Teacher and therefore, the Government is bound by the said decision.

8. A reply affidavit has been filed by the petitioner indicating that there was a clear direction from the Government to fill up two posts as evident from Ext.P8. Ext.P8 is a communication dated 7/10/2014 of the Additional Chief Secretary to Government to the Director of Collegiate Education, Thiruvananthapuram. By this letter, Government was pleased to appoint a nominee. Appointment of a nominee does not indicate that there was a sanctioned post at the relevant time. Nominee is appointed for selecting a teacher and not for making appointments. Even in the said letter, it was made clear that selection, appointment and approval will be made to the said vacancy only after assessing the workload and strictly following the conditions stipulated in Government Orders dated 1/7/2009, 18/1/2012 and 1/11/2013. It is further stated that on the request of the Government, the Principal had sent a report to the Deputy Director showing the student strength in the college from 2007- WP(C) No. 33871/2019 & WA No.585/2020 -:12:- 2008 onwards, which are produced as Exts.P24(a), (b), (c), (d) and (e). Further, Sri.Abin Wilson had been transferred to Nirmala College, Muvattupuzha after getting approval from the Director of Collegiate Education in terms of Ext.P6. Therefore, according to the petitioner, it was a permanent vacancy available in the college at the relevant time. It is further stated that Sri.Abin Wilson was appointed in the retirement vacancy of one Sri.Joseph Sebastian and the said appointment was approved in terms of Ext.P5 dated 25/5/2010 and he was being paid salary. Therefore, the contention of the writ petitioner is that once Sri.Abin Wilson's appointment had been approved and the vacancy that was created in that regard, was filled up by appointing the writ petitioner, Government is bound to create the said post as it is not a new post to be created. It was an existing post.

9. After hearing the learned counsel on either side and having perused the records, it will be useful to reiterate the factual circumstances involved in the case. Ext.R5(c) is a Post Adalat Review in regard to reassessment of workload and revised fixation of staff strength at St.Albert's College, Ernakulam prepared on the basis of the meting held on 18/12/2002. As far WP(C) No. 33871/2019 & WA No.585/2020 -:13:- as Physical Education is concerned, since the student strength was below 1000, only one teacher was permissible and only one teacher was working. Thereafter, it seems that the workload has not been assessed. However, the petitioner has produced Ext.P24 series to show that the student strength exceeded 1000 from the academic year 2007-08 to 1/11/2015. Sri.Abin Wilson was appointed as Lecturer in Physical Education on 3/8/2009 in the vacancy caused by retirement of Sri.Joseph Sebastian on 31/5/1999. By Ext.P4 order dated 7/1/2010, Mahatma Gandhi University had approved the appointment of Sri.Abin Wilson w.e.f. 3/8/2009. The Deputy Director of Collegiate Education by Ext.P5 dated 25/2/2010 has informed that the appointment of Sri.Abin Wilson is approved w.e.f. 3/8/2009. The Government had not raised any dispute regarding the appointment of Sri.Abin Wilson. By Ext.P6 dated 21/6/2014, Sri.Abin Wilson's transfer to Nirmala College, Muvattupuzha has been sanctioned by the Director of Collegiate Education and he was relieved on 30/6/2014. Ext.P10 is the minutes of the meeting of the Selection Committee for the selection of candidates for the post of Assistant Professor in Physical Education held on 13/10/2014. As per the minutes, one WP(C) No. 33871/2019 & WA No.585/2020 -:14:- Sri.Sajeev Jose came as first rank in the general quota and the petitioner Sri.Anty T.J. was having first rank in the community quota. Even according to the petitioner, the first rank holder in general quota was appointed in the said general quota and the petitioner who got the first rank in community quota was appointed in the community quota. According to the college, Sri.Sajeev Jose was appointed on 17/10/2014 in the vacancy of Sri.Mathew Sebastian, who retired on 31/5/2003 and Sri.Anty T.J., the writ petitioner was appointed on 20/10/2014 in the vacancy of Sri.Abin Wilson. By Ext.P12 order dated 14/7/2017, University approved the appointment. By Ext.P15 letter dated 19/9/2018 of the Director of Collegiate Education to the Principal Secretary, Higher Education Department, it was informed that the said office has not given any such recommendation. It is mentioned that as per the post adalath of 2002, only one post of Physical Education teacher was sanctioned to the college. Sri.Sajeev Jose was appointed in the said vacancy. The second vacancy had arisen only on 30/6/2014. University had also approved the said appointments and therefore clarification had been sought for arrears of salary and other allowances. The Government by WP(C) No. 33871/2019 & WA No.585/2020 -:15:- Ext.P16 dated 31/10/2018 had requested the Director of Collegiate Education to provide all the details. When no such orders were being passed, WP(C) No. 2595/2019 came to be filed. Now by Ext.P21 order, Government had requested the University to reconsider the approval given to the writ petitioner.

10. The first question to be considered is whether appointment of the petitioner was against a sanctioned post. There is no dispute about the fact that as per the revised assessment of workload in the year 2002, only one post of teacher was sanctioned for Physical Education Department. The said teacher Sri.Mathew Sebastian retired on 31/5/2003. As on 31/5/2003, there was only one sanctioned post. The contention of the petitioner is that Sri.Abin Wilson was appointed on 3/8/2009 which was approved by the Government. Ext.P3 would indicate that Sri.Abin Wilson was appointed in a permanent vacancy caused by retirement of Sri.Joseph Sebastian on 31/5/1999. In other words, two Physical Education teachers were working in the college i.e., Sri.Joseph Sebastian who retired on 31/5/1999 and Sri.Mathew Sebastian who retired on 31/5/2003. As on the date when the staff fixation was done in the year 2002, Sri.Mathew WP(C) No. 33871/2019 & WA No.585/2020 -:16:- Sebastian alone was working. Therefore, there was only a teacher in the one sanctioned post in the Physical Education Department. Sri.Abin Wilson has been appointed in the vacancy of Sri.Joseph Sebastian who retired on 31/5/1999. The vacancy caused due to the retirement of Sri.Mathew Sebastian could not have been filled as there was no sanctioned post and therefore, the college could have appointed Sri.Sajeev Jose to the vacancy caused by transfer of Sri.Abin Wilson. Apparently, the college proceeded on the basis that there were two vacancies caused on account of retirement of Sri.Joseph Sebastian on 31/5/1999 and Sri.Mathew Sebastian on 31/5/2003 which has created the whole confusion.

11. Of course, the petitioner has a case that the Government had issued order dated 18/1/2012 (Ext.P23) permitting Managements to fill up vacancies arising due to fresh appointment/retirement etc., on certain conditions and before disbursement of the salary, the Deputy Director of Collegiate Education was directed to complete the verification within three months. Learned counsel for the petitioner had produced certain materials to indicate that from 2006 onwards, the student strength had increased and had become more than 1000 to WP(C) No. 33871/2019 & WA No.585/2020 -:17:- accommodate two Physical Education teachers.

12. The question to be considered is whether college could appoint a teacher without permission of the Government. Under S.59 (1) of the Mahatma Gandhi University Act, 1985 (hereinafter referred to as the Act), it is provided that "Appointments to the posts eligible to receive salary from the Government shall be made only against posts sanctioned by the Government or by such officers as may be authorized by the Government." It is apparent that, after 2002, there had not been any staff fixation orders issued by the Government. Therefore, when in the year 2002 only when one post of Physical Education Teacher was sanctioned, it cannot be stated that an additional post was available in the college. The University had also proceeded on the basis that the two vacancies were sanctioned posts, which apparently is not correct. What is required to be considered is whether there was sufficient student strength as on 20/10/2014 to accommodate the petitioner. Petitioner cannot be a person who could be accommodated in the transfer vacancy of Sri.Abin Wilson. But at any rate, at the relevant time, there was only one Physical Education Teacher. Therefore, unless in terms of S.59(1) WP(C) No. 33871/2019 & WA No.585/2020 -:18:- of the Act, the Government sanctions the post depending upon the respective student strength, it may not be possible for this Court to direct that the petitioner could be accommodated in the said post.

13. We had occasion to consider an almost similar matter in the judgment dated 16/10/2019 in WA No. 2164/2018 in which one among us (myself) was a party. We were considering the effect of S.57(1) of the Kerala University Act, 1974 which is similar to S.59(1) of the Mahatma Gandhi University Act. In the said judgment, Division Bench has clearly indicated that despite the approval of the University, in instances which require payment of salary by the Government, sanction of the Government is mandatory. If the Government is to be directed to pay salary, it should be to an existing post and that S.57(1) was not an empty formality. Therefore, if the appointment had been made in respect of a sanctioned post, there would not have been any difficulty in directing the Government to pay salary. But if the post has not been sanctioned by the Government and unless it is sanctioned based on the parameters specified for sanctioning such posts, the Court will not be justified in directing payment of WP(C) No. 33871/2019 & WA No.585/2020 -:19:- salary.

14. Learned Government Pleader also submitted that, so far, the college has not requested for sanctioning an additional post after 2002. But, it seems that several communications have been exchanged between the parties requesting for payment of salary. The present situation is that Government had requested the University to reconsider their approval. Apparently it is based on the presumption that there is no sanctioned post. But in a case where there is sufficient student strength to sanction an additional post for Physical Education teacher, necessarily, the matter requires consideration.

15. From the factual circumstances, it is also evident that the petitioner was working as Physical Education teacher in the Vocational Training School and he had resigned from the said job to be appointed to the aforesaid post.

Taking into consideration all these facts, the writ appeal and the writ petition are disposed of as under:-

That the college shall submit an application to the Government for sanction of an additional post of Physical Education Teacher during the academic year 2014-15 and on WP(C) No. 33871/2019 & WA No.585/2020 -:20:- verification of the student strength during the relevant time, Director of Collegiate Education or the concerned officer, as the case may be, shall conduct necessary enquiry into the matter and if it is found that the college had sufficient student strength to accommodate one more Physical Education teacher during the relevant time, necessary approval shall be granted during the said academic year or other academic years when sufficient student strength is available, in accordance with the procedure prescribed and if so granted, the petitioner shall be paid salary from the date of sanctioning the post. The entire process shall be completed within a period of three months from the date of receipt of the representation.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-

                                           GOPINATH P.

Rp                                            JUDGE
 WP(C) No. 33871/2019 &
WA No.585/2020
                                -:21:-


          APPENDIX OF WP(C) 33871/2019
PETITIONER'S EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE RELIEVING ORDER.

EXHIBIT P2               TRUE COPY OF THE PROCEEDING
                         NO.E1/7269/2011.

EXHIBIT P3               TRUE COPY OF THE APPOINTMENT ORDER OF
                         ABIN WILSON.

EXHIBIT P4               TRUE COPY OF THE APPROVAL ORDER FROM
                         THE UNIVERSITY.

EXHIBIT P5               TRUE COPY OF THE APPROVAL ORDER OF THE
                         5TH RESPONDENT.

EXHIBIT P6               TRUE COPY OF THE ORDER
                         NO.D3/13066/2014/COLL. EDN.

EXHIBIT P7               TRUE COPY OF THE RELIEVING ORDER ISSUED
                         FROM THE COLLEGE TO SHRI ABIN WILSON.

EXHIBIT P8               TRUE COPY OF THE ORDER BY WHICH THE
GOVERNMENT REPRESENTATIVE IS NOMINATED FOR SELECTING CANDIDATES AND APPOINTMENTS.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.33527/2016 EXHIBIT P9 (a) TRUE COPY OF THE JUDGMENT IN W.A. 1911/2018.
EXHIBIT P9 (b) TRUE COPY OF THE ORDER NO.U.O.NO.2432/B2/02/ACADEMIC/2019 OF THE REGISTRAR.
EXHIBIT P9 (c) TRUE COPY OF THE ORDER NO.201/2019 OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION.
WP(C) No. 33871/2019 & WA No.585/2020 -:22:- EXHIBIT P10 TRUE COPY OF THE MINUTES OF THE MEETING OF THE SELECTION COMMITTEE FOR THE SELECTION OF CANDIDATE FOR THE POST OF ASSISTANT PROFESSOR IN PHYSICAL EDUCATION.
EXHIBIT P11 TRUE COPY OF THE APPOINTMENT ORDER NO.M/P/TS/19/2014.
EXHIBIT P12 TRUE COPY OF THE UNIVERSITY ORDER GRANTING APPROVAL TO THE PETITIONER'S APPOINTMENT.
EXHIBIT P13 TRUE COPY OF THE LETTER OF PRINCIPAL EXHIBIT P14 TRUE COPY OF THE LETTER OF PRINCIPAL EXHIBIT P15 TRUE COPY OF THE LETTER SENT BY THE 5TH RESPONDENT TO R2.
EXHIBIT P16 TRUE COPY OF THE LETTER OF R2 TO THE 4TH RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE JUDGMENT IN WP(C) NO.2595/2019.
EXHIBIT P18 TRUE COPY OF THE LETTER COMMUNICATING THE JUDGMENT.
EXHIBIT P19 TRUE COPY OF ORDER NO.F3-5547/2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P20 TRUE COPY OF LETTER NO.F3-5547/2017. EXHIBIT P21 TRUE COPY OF ORDER NO.F3-5547/2017.
EXHIBIT P22              TRUE COPY OF THE ORDER NO.UO
                         NO.3337/B1/ACAD/2016.

EXHIBIT P23:             GOVERNMENT ORDER NO.170/D2//12/HEDN.
 WP(C) No. 33871/2019 &
WA No.585/2020
                                -:23:-

EXHIBIT P24:             WORKLOAD STATEMENTS AND STUDENTS
                         STRENGTH.

EXHIBIT P24(b):          WORKLOAD STATEMENTS AND STUDENTS
                         STRENGTH.

EXHIBIT P24(c):          WORKLOAD STATEMENTS AND STUDENTS
                         STRENGTH.

EXHIBIT P24(d):          WORKLOAD STATEMENTS AND STUDENTS
                         STRENGTH.

EXHIBIT P24(e):          WORKLOAD STATEMENTS AND STUDENTS
                         STRENGTH.

RESPONDENT'S EXHIBITS:

EXHIBIT R5(A)            LETTER FROM THE DIRECTOR OF COLLEGIATE
                         EDUCATION DATED 22/02/2018.

EXHIBIT R5(B)            TRUE COPY OF THE GO(MS)
                         NO.63/2008/H.EDN. DATED 23/06/2008.

EXHIBIT R5(C)            TRUE COPY OF POST ADALATH REVIEW DATED
                         18/12/2002.

EXHIBIT R5(D)            TRUE COPY OF GO(MS) NO.260/2010/H.EDN.
                         DATED 20/08/2010.

EXHIBIT R5(E)            TRUE COPY OF LETTER NO. F3/5547/2017
                         DATED 15/07/2019.

EXHIBIT R5(F)            TRUE COPY OF THE HEARING REPORT.
 WP(C) No. 33871/2019 &
WA No.585/2020
                                -:24:-


               APPENDIX OF WA 585/2020
PETITIONER'S EXHIBITS:

ANNEXURE A1              TRUE COPY OF JUDGMENT IN WA 2164/2018.

ANNEXURE A2              TRUE COPY OF POST ADALATH REVIEW 2002.

ANNEXURE A3              TRUE COPY OF LETTER NO.F3/5547/19 DATED
                         18.12.2017.

ANNEXURE A4              TRUE COPY OF GO(MS) NO.63/2008/H.EDN
                         DATED 23.06.2008.

ANNEXURE A5              TRUE COPY OF LETTER
                         NO.D4/47712/2017/COLL.EDN. DATED
                         19.09.2018.

ANNEXURE A6              TRUE COPY OF LETTER NO.F3/5547/2017
                         DATED 15.07.2019.

ANNEXURE A7              TRUE COPY OF CONSOLIDATED STATEMENT OF
                         WORKLOAD OF 2018.

RESPONDENT'S EXHIBITS:

ANNEXURE R1(A)           TRUE COPY OF GOVERNMENT ORDER
                         NO.170/D2/2012/H.EDN.

ANNEXURE R1(B)           TRUE COPY OF THE WORKLOAD STATEMENTS
                         BASED ON STUDENTS STRENGTH AS ON
                         01/11/2006.

ANNEXURE R1(C)           TRUE COPY OF THE ACTUAL WORKLOAD
                         STATEMENT.

ANNEXURE R1(D)           TRUE COPY OF THE WORKLOAD FOR THE YEAR
                         2014-2015 BASED ON STUDENTS STRENGTH AS
                         ON 01/11/2013.
 WP(C) No. 33871/2019 &
WA No.585/2020
                                -:25:-

ANNEXURE R1(E)           TRUE COPY OF THE WORKLOAD STATEMENT FOR
                         THE YEAR 2015-2016 BASED ON STUDENTS
                         STRENGTH AS ON 01/11/2014.

ANNEXURE R1(F)           TRUE COPY OF THE WORKLOAD STATEMENT FOR
                         THE YEAR 2016-2017 BASED ON STUDENTS
                         STRENGTH AS ON 01/11/2015.

ANNEXURE R1(G)           TRUE COPY OF THE LETTER FROM THE ST.
                         ALBERT'S COLLEGE TO THE DEPUTY DIRECTOR
                         OF COLLEGIATE EDUCATION.

ANNEXURE R1(H)           TRUE COPY OF THE ATTENDANCE REGISTER OF
                         JAN 1997.

ANNEXURE R1(I)           TRUE COPY OF THE RELEVANT PORTION OF
                         ACQUAINTANCE ROLL OF MAY 1998.