Kerala High Court
Mahesh G vs Institute Of Human Resources ... on 1 November, 2000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 7TH DAY OF NOVEMBER 2016/16TH KARTHIKA, 1938
WP(C).No. 30123 of 2011 (M)
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PETITIONER(S):
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MAHESH G,TECHNICIAN GRADE II
(ELECTRONICS),TECHNICAL HIGHER SECONDARY SCHOOL, MUTTOM,
THODUPUZHA, IDUKKI DISTRICT.
BY ADVS.SRI.K.JAJU BABU
SRI.BRIJESH MOHAN
SMT.DHANYA CHANDRAN
SRI.T.R.SADEESAN
SRI.T.S.SHYAM PRASANTH
SMT.M.U.VIJAYALAKSHMI
RESPONDENT(S):
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INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
(IHRD),PROJO'ES TOWERS,VAZHUTHAKKAD, THIRUVANANTHAPURAM
688 014, REPRESENTED BY ITS DIRECTOR.
R BY SRI.V.A.MOHAMMED, SC, IHRD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AD
WP(C).No. 30123 of 2011 (M)
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APPENDIX
PETITIONER(S) EXHIBITS
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EXT.P1COPY OF THE ORDER OF APPOINTMENT DATED 1-11-2000 OF THE
PETITIONER AS TECHNICIAN GRADE II UNDER THE RESPONDENT.
EXT.P2COPY OF THE PROCEEDINGS DATED 3-6-2002 REGARDING COMPLETION
OF PROBATION OF THE PETITIONER AS TECHNICIAN GRADE-II.
EXT.P3COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER IN RESPECT
OF B.SC(ELECTRONICS) IN FIRST CLASS OF APRIL 1997.
EXT.P4COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER IN RESPECT
OF M.SC DEGREE IN COMPUTER SCIENCE WITH FIRST CLASS OF
NOVEMBER 2008.
EXT.P5COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER IN RESPECT
OF M.SC DEGREE IN ELECTRONIC SCIENCE WITH FIRST CLASS AND
DISTINCTION OF MAY 2010.
EXT.P6COPY OF THE ORDER DATED 29-10-2009 OF THE RESPONDENT
ENHANCING THE PERCENTAGE OF RESERVATION TO INTERNAL
CANDIDATES IN RESPECT OF LECTURER IN ELECTRONIC SCIENCE,
COMPUTER SCIENCE AND PHYSICAL EDUCATION ETC. FROM 10% TO 20 %.
EXT.P7COPY OF THE RANK LIST FOR THE POST OF LECTURER IN COMPUTER
SCIENCE TOWARDS 20% SANCTIONED POSTS RESERVED FOR FEEDER
CATEGORIES.
EXT.P8COPY OF THE NOTIFICATION DATED 28-08-2010 FINALISING EXT. P7
RANK LIST FOR THE POST OF LECTURER IN COMPUTER SCIENCE
TOWARDS 20% SANCTIONED POSTS RESERVED FOR FEEDER CATEGORIES.
EXT.P9COPY OF THE NOTIFICATION DATED 27-01-2011 FOR FILLING UP 20%
POST EARMARKED FOR FEEDER CATEGORIES IN RESPECT OF LECTURER IN
ELECTRONIC SCEINCE AND OTHER FACULTIES.
EXT.P10COPY OF THE APPLICATION DATED 19-02-2011 MADE BY THE
PETITIONER IN RESPONSE TO EXT. P9 NOTIFICATION.
EXT.P11COPY OF THE RELEVANT EXTRACT OF THE ORDER DATED
10TH MAY 2011 AMENDING THE RECRUITMENTS RULES WITH
RETROSPECTIVE EFFECT FROM 07-02-2011.
EXT.P12COPY OF THE REQUEST LETTER DATED 24-06-2011 OF THE
PETITIONER FOR PUBLICATION OF LIST OF CANDIDATES SELECTED
PURSUANCE TO EXT. P9 AND MAKE APPOINTMENTS.
EXT.P13COPY OF THE CIRCULAR DATED 22-10-2011 OF THE RESPONDENT
INVITING OPTIONS FROM PERSONS IN OTHER STREAMS TO COME OVER
TO COLLEGES OF APPLIED SCIENCE SERVICE.
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.A. TO JUDGE
AD
ANU SIVARAMAN, J.
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W.P.(C).No.30123 of 2011
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Dated this the 7th day of November, 2016
JUDGMENT
1.The writ petition is filed seeking the following reliefs:-
i. Issue a writ of mandamus or such other appropriate writ or order or direction directing the respondent to fill up 15 vacancies of Lecturer in Computer Science and 30 vacancies of Lecturer in Electronics Science existing prior to Ext.P11 amendment to the Special Rules on the basis of selection evidenced by Exts.P7 & P9 forthwith;
ii. Issue a writ of certiorari or other appropriate writ, order or direction calling for Ext.P13 and quash the same; iii. Declare that 20% of the vacancies in the cadre of Lecturer in Computer Science and Lecturer in Electronics Science available prior to Ext.P11 are liable to be filled up based on the selection evidenced by Exts.P7 & P9 from internal candidates; iv.Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to appoint the petitioner as Lecturer in Computer Science or Lecturer in Electronics Science based on his candidature and selection pursuant to Exts.P7 & P9 to one of the existing vacancies"
2.The claim of the petitioner is that the petitioner was appointed as Technician Grade II in the respondent by Exhibit P1 order dated 01.11.2000. His probation was declared in the above W.P.(C).No.30123/11 2 category by Exhibit P2 order with effect from 20.11.2001. He was fully qualified for appointment to the post of Lecturer in Computer Science. Pursuant to Exhibit P6 order, 20% of the sanctioned posts for which open recruitment is resorted to except the teaching posts under AICTE/UGC scheme were set apart for appointment from among qualified IHRD employees.
3. The notification for appointment to the post of Lecturer in Computer Science for the said 20% set apart for IHRD employees was issued on 20.01.2010 and Exhibit P7 list was published in which the petitioner was included from the fourth feeder category. Thereafter, Exhibit P8 dated 28.08.2010 was also issued finalising the said list. It is submitted that though Exhibit P9 notification was issued on 27.01.2011 for appointment in the 20% category to the post of Lecturer in Electronics Science, the said proceedings could not be completed.
4. By Exhibit P11 dated 10.05.2011, the respondent amended the staff pattern and special rules with effect from 07.02.2011. W.P.(C).No.30123/11 3 It appears that on the strength of Exhibit P11 amendment, which was with effect from 7.02.2011, the appointment of the petitioner as Lecturer in Computer Science on the basis of Exhibit P7 has been held up. This is under challenge in this writ petition.
5.Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent.
6.It is submitted by the learned counsel for the petitioner that his claim for appointment in the vacancies set apart as per Exhibit P6 for employees of IHRD to the post of Lecturer in Computer Science has already been crystallised by the notification dated 20.01.2010 and the ranked list dated 6.10.2010 which has since been finalised. In the above view of the matter, it is submitted that the amendment to the special rules having effect only from 07.02.2011. Such amendment cannot, by any stretch of imagination, abridge the petitioner's right to be appointed in pursuance to Exhibits P7 and P8. W.P.(C).No.30123/11 4
7.Learned standing counsel submits that the service conditions were amended pursuant to the 19th meeting of the Governing Body of the Institute of Human Resources Development held on 7.2.2011. It is stated that the staff pattern and the special rules were revised and options were invited from qualified candidates for being considered for inclusion in the College of Applied Science Service. Concurrence of the Government was not obtained in the matter and the several categories of Staff and Associations had pointed out anomalies in the staff pattern and the special rules. Government had vide Government Order dated 29.11.2011 constituted a Anomaly Committee to review the same and actual vacancies can be assessed only after finalisation of the staff pattern. It is further stated that the decision on the basis of the report of the Anomaly Committee will be implemented with the approval of Executive Committee, Governing Body and concurrence of the Government.
8.I have considered the rival contentions. The contentions raised by the learned counsel for the respondent is with regard to the W.P.(C).No.30123/11 5 amended Special Rules which was effective from 07.02.2011. The anomalies pointed out are also with respect to the position after the amendment of the rules. The contention of the petitioner is that he is entitled to appointment in the 20% quota going by the unamended rules on the strength of Exhibits P7 and P8. Nothing has been stated by the respondents with regard to this claim raised by the petitioner. It is also not in dispute that vacancies were in existence for being filled up from Exhibit P7 list.
9.In the above view of the matter, since Exhibit P11 amendment is operative only with effect from 07.02.2011, I am of the considered view that the claim of the petitioner for appointment of Lecturer in Computer Science in the non UGC/AICTE on the strength of Exhibits P7 and P8 has to be taken up by the respondent in accordance with the unamended rules and in respect of the vacancies already in existence. The examination of the anomalies by the Government or the ratification to Exhibit P11 rules can have no effect on the claim of the petitioner for appointment as Lecturer in Computer W.P.(C).No.30123/11 6 Science on the basis of Exhibits P7 and P8.
10.In the result, it is declared that the petitioner's claim for appointment on the basis of Exhibits P7 and P8 remains unaffected by Exhibit P11. The respondent shall pass orders granting appointment to the petitioner in the post of Lecturer in Computer Science within a period of two months from the date of receipt of a copy of this judgment. All consequential benefits shall also be calculated and disbursed to the petitioner within one month thereafter.
The writ petition is ordered accordingly.
sd/-
Anu Sivaraman, Judge sj7/11