Kerala High Court
Mariyath.A.A vs Lbs Centre For Science & Technology on 19 November, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 19TH DAY OF NOVEMBER 2019 / 28TH KARTHIKA, 1941
WP(C).No.22578 OF 2016(V)
PETITIONER:
MARIYATH.A.A.
UDC, LBS CENTRE FOR SCIENCE & TECHNOLOGY, REGIONAL
UNIT, CHIYYARAM P.O: 680026, THRISSUR DISTRICT.
BY ADVS.
SRI.K.G.BALASUBRAMANIAN
SMT.AMBILY (PREMKUMAR)
RESPONDENTS:
LBS CENTRE FOR SCIENCE & TECHNOLOGY
NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS DIRECTOR.
BY SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR
SCIENCE AND TECHNOLOGY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2019, ALONG WITH WP(C).17851/2019(F), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.22578 of 2016 & 2
17851 OF 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 19TH DAY OF NOVEMBER 2019 / 28TH KARTHIKA, 1941
WP(C).No.17851 OF 2019(F)
PETITIONER:
T.P.JAHFAR,
AGED 46 YEARS
SON OF MAMMED KOYA, LAB ASSISTANT, LBS CENTRE FOR
SCIENCE AND TECHNOLOGY, SUB CENTRE, PARAPPANANGADI,
MALAPPURAM DISTRICT, RESIDING AT THAZHE ERANJALI
PARAMBU P.O. PAVANDOOR, (VIA) NANMINDA,
KOZHIKODE-673 613
BY ADV. SRI.V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM-695 001
2 THE LBS CENTRE FOR SCIENCE AND TECHNOLOGY,
(A GOVERNMENT OF KERALA UNDERTAKING), NANDAVANAM,
THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS
DIRECTOR.
3 THE KERALA STATE COMMISSION FOR MINORITIES,
TC 9/1023-2, SASTHAMANGALAM, THIRUVANANTHAPURAM
DISTRICT, REPRESENTED BY ITS CHAIRMAN-695 010
R2 BY ADV. SMT.SHAMEENA SALAHUDHEEN, STANDING
COUNSEL
R1 BY SMT.NISHA BSE, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2019, ALONG WITH WP(C).22578/2016(V), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.22578 of 2016 & 3
17851 OF 2019
J U D G M E N T
These writ petitions are materially connected in respect of the claims raised by the petitioners for promotion to the post of Instructor from the post of Lower Division Clerk and Lab Assistant respectively. Therefore, I heard them together and propose to pass this common judgment. Facts and circumstances available from W.P.(C) No.17851/2019 are relied upon to dispose of the writ petitions. 2. Case of the petitioner is that, in the year 1999, the governing body of the LBS Center for Science and Technology, a Government of Kerala undertaking i.e., the 2 nd respondent, took a decision for regularising the contract employees working under them. Special Rules was framed by the 2 nd respondent and it is approved by the Government in the year 2005. Government have formed a Regularization Committee for the purpose of sanctioning the regularization of the contract employees and temporary employees of the 2 nd WP(C).Nos.22578 of 2016 & 4 17851 OF 2019 respondent and the said committee has submitted a report, which was approved by the Government with necessary modification in the year 2010. Accordingly, the Government of Kerala issued an order bearing No.G.O.(MS) 277/10/H.Edn dated 4.9.2010 providing for the norms for regularization. However, when the list of regularization was prepared, petitioner's name was not included for the post of Instructor considering his qualification and communal rotation. Realizing that injustice was committed, petitioner approached the Minority Commission and the Minority Commission has ordered to cure the defects by including the name of the petitioner for regularization as Instructor and to grant regularization with retrospective effect. Case of the petitioner is that, in spite of the directions issued, no action was taken and that apart the Government have also ordered the 2 nd respondent to implement the same. However, 2 nd respondent has refused to implement the order of Minority Commission.
3. A statement is filed by the 2 nd respondent refuting the allegations and claims and demands WP(C).Nos.22578 of 2016 & 5 17851 OF 2019 raised by the petitioner. Among other contentions it is stated that, petitioner has secured additional qualification while continuing in LBS Centre on contract basis. Thereupon, he has submitted an application for category change to the post of instructor consequent on additional qualification. It is contended that, the appointment of various posts to the center are governed by the Special Rules of the Center - 2005 and the method of appointment in accordance with the Rules to the post of Instructor is direct recruitment and the required qualifications are "B.Tech with knowledge in computer software or Ist Class PGDCA or 1st Class Diploma in Computer Engineering issued by Directorate of Technical Education".
4. The rank list for regularization of various category of posts were prepared based on the then existing incumbents in each category of posts by the Regularization Committee which had been appointed by the Government. The rank lists were prepared for each category separately. The candidates belonging to respective categories were ranked by considering WP(C).Nos.22578 of 2016 & 6 17851 OF 2019 their seniority (date of entry) and taking their eligibility for communal rotation. It is further submitted that, as per the approved Special Rules of the 2nd respondent, Lower Division Clerk or the Laboratory Assistant cannot be given promotion or category change as Instructor and therefore, the case of the petitioner could not be considered.
5. Even though Minority Commission issued orders in favour of the petitioners directing to allow category change with retrospective effect, the said orders were challenged before this court by filing W.P.(C) Nos.10/2018 and 11/2018 against the petitioners in the captioned writ petitions and the writ petitions were allowed along with other writ petitions and the orders of the Minority Commission are quashed. Therefore, the claims raised by the petitioners in the writ petitions on the basis of the orders passed by the Minority Commission cannot be sustained under law.
6. It is also pointed out that, 2 nd respondent is an autonomous institution under the Government of Kerala and appointments to various posts to the WP(C).Nos.22578 of 2016 & 7 17851 OF 2019 Center are governed by the Special Rules of the Center. Therefore, according to the 2 nd respondent, petitioners have not made out any case justifying interference of this court under Article 226 of the Constitution of India since there is no arbitrariness or illegality. The issues raised by the petitioner in the connected writ petition is similar and therefore, separate narration of facts are not required.
7. I have heard learned counsel for petitioners, learned Government Pleader as well as learned Standing Counsel appearing for 2 nd respondent and perused the pleadings and documents on record.
8. The discussion made above would make it clear that, the foundation of the claims raised by the petitioners in these writ petitions are on the basis of the orders passed by the Minority Commission but by virtue of the judgment of this court specified above, the orders of the Minority Commission were quashed and therefore, the claims raised by the petitioners on the basis of the orders of the Minority Commission does not survive.
9. However, learned counsel for petitioner in WP(C).Nos.22578 of 2016 & 8 17851 OF 2019 W.P.(C) No.22578/2016 has a case that, by virtue of Ext.P6 circular issued by the 2 nd respondent dated 21.6.2016, it is discernible that, the employees were asked to provide option for selection to the post of Senior Instructor and Programmer. In my considered opinion, it is clear and evident from Ext.P6 that, such an option was sought for, for the purpose of conducting selection. There is no dispute raised by the petitioners in respect of the Rules provided by the 2nd respondent for direct recruitment for the post of Instructor. The said rule is not under challenge. So much so the rank list is prepared by the Government as per order dated 4.9.2010 to protect the employees working with the 2 nd respondent as on 18.11.1998 and the petitioners are not having a case that, they are qualified then to secure advantage of the regularization carried out by the Government, enabling them to occupy the post of Instructor. Which thus also means, if the petitioners became qualified after the introduction of the Special Rules in the year 2005 and after the regularization order issued by the Government as specified above, petitioners are WP(C).Nos.22578 of 2016 & 9 17851 OF 2019 only entitled for appointment in accordance with the Special Rules 2005. It is also significant to note that, the services of the petitioners were regularised in the posts occupied by them as per the very same Government order and I do not think that petitioners are entitled to get benefit of the said order now.
10. In that view of the matter, I do not think, petitioners have made out any case justifying interference of this court under Article 226 of the Constitution of India. Accordingly, it is dismissed. However, I make it clear that, if the petitioners are qualified to participate in any selection process on the basis of the Special Rules, they are at liberty to do so irrespective of the dismissal of the writ petitions.
Sd/-
SHAJI P.CHALY
Smv JUDGE
20.11.2019
WP(C).Nos.22578 of 2016 & 10
17851 OF 2019
APPENDIX OF WP(C) 22578/2016
PETITIONER'S EXHIBITS:
P1 TRUE COPY OF THE REPRESENTED DATED
26-6-2015 SUBMITTED BY PETITIONER BEFORE RESPONDENT.
P2 TRUE COPY OF PETITION DATED 20-8-2015 SUBMITTED BY PETITIONER BEFORE PUBLIC INFORMATION OFFICE, LBS CENTRE FOR SCIENCE & TECHNOLOGY.
P3 TRUE COPY OF REPLY THERETO DATED 18-9-2015 FROM RESPONDENT.
P4 TRUE COPY OF ORDER MCOP NO. 330/2015 DATED 27-4-2016 OF THE KERALA STATE MINORITY COMMISSION.
P5 TRUE COPY OF REQUEST DATED 10-5-2016 SUBMITTED BY PETITIONER BEFORE THE RESPONDENT.
P6 TRUE COPY OF CIRCULAR NO. B2/2820/2014 DATED 21-6-2016 OF THE RESPONDENT INVITING OPTIONS.
WP(C).Nos.22578 of 2016 & 1117851 OF 2019 APPENDIX OF WP(C) 17851/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SPECIAL RULES FOR APPOINTMENT.
EXHIBIT P2 TRUE COPY OF THE G.O(MS) NO. 277/10/H.EDN.
DATED 04.09.2010.
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 28.07.1998 ISSUED BY 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 16.04.2001 ISSUED BY STATE BOARD OF TECHNICAL EDUCATION.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS IN THAT BEHALF DATED 15.09.2001 ISSUED BY 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR, LBS CENTRE FOR SCIENCE AND TECHNOLOGY, PALAYAM, THIRUVANANTHAPURAM DATED 17.02.2003. EXHIBIT P7 TRUE COPY OF THE VIDE LETTER NO. B/226/99 DATED 18.02.2003 OF THE L.B.S. CENTRE FOR SCIENCE AND TECHNOLOGY, REGIONAL UNIT KOZHIKODE EXHIBIT P8 TRUE COPY OF THE PROVISIONAL RANK LIST FOR REGULARIZATION WITH RESPECT TO INSTRUCTOR. EXHIBIT P9 TRUE COPY OF THE OBJECTION MADE BY THE PETITIONER BEFORE THE CONVENER, COMMITTEE FOR THE REGULARIZATION OF TEMPORARY EMPLOYEES, L.B.S. CENTRE, THIRUVANANTHAPURAM DATED 29.05.2008. EXHIBIT P10 TRUE COPY OF THE FORWARDING LETTER OF THE ASSISTANT DIRECTOR NO. LBST/B-378/01 DATED 29.05.2008.
EXHIBIT P11 TRUE COPY OF THE FINAL RANK LIST ALONG WITH REGULARIZATION ORDER (G.O.(MS) NO. 277/10/H.EDN. DATED 04.09.2010). EXHIBIT P12 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 24.03.2014.
WP(C).Nos.22578 of 2016 & 1217851 OF 2019 EXHIBIT P13 TRUE COPY OF THE FORWARDING LETTER NO.
B/465/EMPLOYEES/2013 DATED 24.03.2014. EXHIBIT P14 TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 05.04.2014.
EXHIBIT P15 TRUE COPY OF THE STATEMENT OF FACT VIDE LETTER NO. B2/2008/2014 DATED 24.04.2014. EXHIBIT P16 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P17 TRUE COPY OF THE ORDER NO. MCOP NO. 24, 42/2014 DATED 06.07.2015 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE GOVERNMENT LETTER NO.
24241/J1/15/H.EDN DATED 10.08.2015. EXHIBIT P19 TRUE COPY OF THE DETAILS OF SMT. BINDHU VIDE LETTER NO. B8/3586/99 DATED 22.01.2009.
EXHIBIT P20 TRUE COPY OF THE PROCEEDINGS VIDE ORDER NO.
B8/3586/99 DATED 23.03.2001.
EXHIBIT P21 TRUE COPY OF THE CERTIFICATE NO. B2/589/97 DATED 23.07.1998 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P22 TRUE COPY OF THE INFORMATION OBTAINED UNDER RIGHT TO INFORMATION ACT VIDE LETTER NO. 7/18/2013 DATED 26.05.2004 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P23 TRUE COPY OF THE TIME TABLE OF KOZHIKODE LBS CENTRE W.E.F. 20.10.2014.
EXHIBIT P24 TRUE COPY OF THE APPLICATION MADE BY PETITIONER BEFORE THE INFORMATION OFFICER, OFFICE OF THE 2ND RESPONDENT DATED 12.08.2015.
EXHIBIT P25 TRUE COPY OF THE INFORMATION FURNISHED VIDE LETTER NO. B8/16/15/R.T.I DATED 14.09.2015.