Kerala High Court
Divya Mary Daise S vs State Of Kerala on 10 October, 2010
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
MONDAY, THE 21ST DAY OF JANUARY 2013/1ST MAGHA 1934
WP(C).No. 26758 of 2012 (P)
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PETITIONER(S):
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DIVYA MARY DAISE S.
ASSISTANT PROFESSOR,
DEPARTMENT OF MATHEMATICS
F.M.N COLLEGE KOLLAM
BY ADVS.SRI.BABU VARGHESE (SR.)
SRI.KURIAN.J.MARATTIL
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT OF KERALA ,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001 .
2. THE UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR,
UNIVERSITY BUILDINGS,
PALAYAM,
THIRUVANANTHAPURAM 695033.
3. THE MANAGER,
FATHIMA MATA NATIONAL COLLEGE,
(F.M.N COLLEGE), KOLLAM 691001.
4. THE PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM 695001.
BY GOVERNMENT PLEADER ADV. SRI. V. VIJULAL
BY ADV. SRI.GEORGE POONTHOTTAM,S.C.,KERALA UNIVERSITY
BY ADV. SRI.DAVID JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-01-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
WP(C).No. 26758 of 2012 (P)
APPENDIX
PETITIONER(S) EXHIBITS :
EXT.P1 : COPY OF THE S.S.L.C. CERTIFICATE CUM MARK LIST OF THE PETITIONER.
EXT.P2 : COPY OF THE CERTIFICATE CUM MARK LIST OF THE HIGHER SECOND
EXAMINATIONS.
EXT.P3 : COPY OF THE MARK LIST OF THE PETITIONER IN B.SC. FINAL
EXAMINATIONS ,MARCH 2008.
EXT.P3(a) : COPY OF THE B.SC. DEGREE CERTIFICATE ISSUED TO THE PETITIONER.
EXT.P4 : COPY OF THE M.SC. DEGREE MARK LIST OF THE PETITIONER.
EXT.P4(a) : COPY OF M.SC. DEGREE CERTIFICATE ISSUED TO THE PETITIONER.
EXT.P5 : COPY OF THE B.SC DEGREE RANK CERTIFICATE ISSUED TO THE
PETITIONER.
EXT.P5(a) : COPY OF THE M.SC. RANK CERTIFICATE ISSUED TO THE PETITIONER.
EXT.P5(b) : COPY OF THE "CURRICULAM VIATE" OF THE PETITIONER.
EXT.P6 : COPY OF THE NOTIFICATION DATED 10.10.2010 APPEARED IN THE INDIAN
EXPRESS.
EXT.P7 : COPY OF THE APPOINTMENT ORDER DATED 7.02.2011 ISSUED TO THE
PETITIONER.
EXT.P8 : COPY OF THE UNIVERSITY LETTER DATED 09.11.2011 INFORMING CERTAIN
DEFECTS.
EXT.P9 : COPY OF THE REQUEST DATED 11.01.2012, SUBMITTED BY THE MANAGER
ALONG WITH THE REPRESENTATION OF THE PETITIONER.
EXT.P10 : COPY OF THE RELEVANT PORTION OF THE MINUTES FO THE SYNDICATE
HELD ON 14.05.2012.
EXT.P11 : COPY OF THE GOVERNMENT LETTER DATED 19.10.2012 REJECTING
PROPOSAL OF THE UNIVERSITY.
EXT.P12 : COPY OF THE APPEAL PETITION DATED 31.10.2012, SUBMITTED BEFORE
THE GOVERNMENT OF KERALA.
EXT.P12(a): COPY OF THE CSIR CERTIFICATE DATED 30.06.2012 ISSUED TO THE
PETITIONER.
EXT.P13 : COPY OF THE DUTY CERTIFICATE DATED 9.08.11 ISSUED BY THE
UNIVERSITY TO THE PETITIONER.
WP(C).No. 26758 of 2012 (P) -2-
EXT.P13(a) : COPY OF THE DUTY CERTIFICATE DATED 05.1.2012 ISSUED BY THE
UNIVERSITY TO THE PETITIONER.
EXT.P13(b) : COPY OF THE DUTY CERTIFICATE DATED 21.02.2012 ISSUED BY THE
UNIVERSITY TO THE PETITIONER.
EXT.P13(c) : COPY OF THE DUTY CERTIFICATE DATED 13.03.2012 ISSUED BY THE
UNIVERSITY TO THE PETITIONER.
EXT.P13(d) : COPY OF THE DUTY CERTIFICATE DATED 04.05.2012 ISSUED BY THE
UNIVERSITY TO THE PETITIONER.
EXT.P13(e) :COPY OF THE DUTY CERTIFICATE DATED 17.07.2012 ISSUED BY THE
UNIVERSITY TO THE PETITIONER.
EXT.P13(f) : COPY OF THE DUTY CERTIFICATE DATED 26.09.2012 ISSUED BY THE
UNIVERSITY TO THE PETITIONER.
RESPONDENT(S) EXHIBITS :
EXT. R2(A) : COPY OF THE G.O.(P) NO.41/94/H.EDN. DATED 21.03.1994.
/ TRUE COPY /
NS P.A. TO JUDGE
P.N.RAVINDRAN, J.
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W.P.(C) No.26758 OF 2012
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Dated this the 21st day of January, 2013
J U D G M E N T
The petitioner, a post graduate degree holder in Mathematics, who was born on 21.1.1988, was appointed as Assistant Professor in Mathematics in Fathima Matha National College, Kollam with effect from 7.2.2011. The University of Kerala declined to approve the petitioner's appointment on the ground that she had not completed 22 years of age as on first of January, 2010, the year in which notification inviting applications was issued. The petitioner thereafter moved the Registrar of the University of Kerala by submitting Ext.P9 representation to condone the 20 day's shortage in the minimum age limit and to approve her appointment. The Standing Committee of the Syndicate on Teaching and Non-Teaching Staff that met on 8.5.2012 considered the said request and resolved to recommend relaxation of the minimum age requirement by 20 days and to approve the appointment subject to concurrence of the Government. The Government however turned down that request by Ext.P11 order dated 19.10.2012. Aggrieved by Ext.P11, the petitioner filed Ext.P12 representation before the Government requesting the Government to reconsider its decision. The instant writ petition was thereupon filed WPC No.26758/2012 2 seeking the following reliefs:
"(i) To issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exhibit P11
(ii) To declare that clause 4 of "the Kerala Collegiate Education Service Rules 1994" is arbitrary, illegal and without any rationale and to quash the same by issuing appropriate writ, order or direction
(iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st & 4th respondents to consider Exhibit P12 Appeal Petition on the basis of Exhibit P10 resolution of the University and issue orders granting relaxation in exercise of the inherent powers conferred on the Government
(iv) To declare that petitioner is entitled to get salary and arrears w.e.f.7.2.2011 ie., for the period which she had worked and accordingly direct the 4th respondent to do the needful to disburse salary and arrears w.e.f.7.2.2011."
2. When the writ petition came up for hearing today, Sri.Babu Varghese, learned Senior Advocate appearing for the petitioner made available to me a copy of letter No.37139/D2/12/H.Edn. dated 9.1.2013 sent by the Principal Secretary to Government, Higher Education Department to the Director of Collegiate Education, Thiruvananthapuram, with copies to the Deputy Directors of Collegiate Education at Kollam and Kozhikode and the Manager/Principal of Fathima Mata National College, Kollam. The Government have in the said letter directed the competent authority to approve the appointment of the petitioner and to disburse salary and allowances to WPC No.26758/2012 3 her in relaxation of the rules as a special case. Besides the case of the petitioner, the Government had in the said letter directed approval of two other teachers as well. The said letter is extracted below in full and a copy of the same is also incorporated in the records.
GOVERNMENT OF KERALA HIGHER EDUCATION (D) DEPARTMENT No.37139/D2/12/H.Edn. Thiruvananthapuram Dated: 09.01.2013 From The Principal Secretary to Government To The Director of Collegiate Education, Thiruvananthapuram Sir Sub:- Higher Education Department -Private Aided Colleges-Approval for appointment of Assistant Professors:- reg Ref:-1. Letter No.E2-7265/11 dated 05/07/2012 of the Deputy Director of Collegiate Education, Kozhikode
2. Your Letter No.D1/24424/12/Coll.Edn. dated 12/07/2012
3. Your Letter No.D4/38890/12/Coll.Edn. dated 27/11/2012
4. Government Letter No.26359/D2/12/HEd. dated 24/09/2012
5. Government Letter No.19526/D1/12/HEd. dated 19/10/2012 I am to invite your attention to the reference cited and to inform you that Sri.Sujith K.V., Assistant Professor at Payyannur College, Payyannur, Smt.Bivitha T.K., Assistant Professor in Physics, Sree Narayana College, Kannur and Smt.Divya Mary Daise S., Assistant Professor in Mathematics in Fathima Mata National College, Kollam had submitted representation to approve their appointments and disburse salary to them.
Government examined the matter in detail and hereby direct to approve the appointments of the following teachers giving relaxation to lower age limit since they are qualified for the post and the recruitment process have been completed and to disburse salary to them in relaxation of Rules as a special case.
Sri.Sujith K.V., Assistant Professor in Chemistry at Payyannur College, Payyannur.
Smt.Bivitha T.K., Assistant Professor in Physics, Sree Narayana College, Kannur.
Smt.Divya Mary Daise S., Assistant Professor in Mathematics in Fathima Mata National College, Kollam.
WPC No.26758/2012 4
The directions in the Government letters in reference 4th & 5th cited are cancelled herewith and this shall be not a precedent in any future cases.
Yours faithfully Saratchandran C.S. Under Secretary to Government (For the Principal Secretary to Government) Approved For issue Section Officer Copy to:-
1. The Registrar, Kerala/Kannur University
2. The Deputy Director of Collegiate Education, Kollam/Kozhikode
3. The Manager/The Principal, Payyannur College, Payyannur/Sree Narayana College, Kannur/Fathima Mata National College, Kollam."
3. In view of the aforesaid letter of the Government, I dispose of the writ petition with a direction to the Registrar of the Kerala University to approve the petitioner's appointment as Assistant Professor of Mathematics in Fathima Matha National College, Kollam with effect from 7.2.2011. Needful in the matter shall be done and the appointment approved within one month from the date on which the petitioner produces a certified copy of this judgment before the Registrar, University of Kerala. The Deputy Director of Collegiate Education, Kollam shall within two weeks from the date on which the order passed by the University of Kerala approving the petitioner's appointment is received by him, issue orders sanctioning payment of salary and allowances to the petitioner. The arrears of salary and WPC No.26758/2012 5 allowances shall be drawn and disbursed to the petitioner within one month from the date on which orders in that regard are passed by the Deputy Director of Collegiate Education.
P.N.RAVINDRAN, (JUDGE) vps WPC No.26758/2012 6 WPC No.26758/2012 7