IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 26683 of 2008(B) ------------------------- PETITIONER : --------------------- DR.K.N.JAYAGEETHA, D/O.K.T.N.NAMBOODIRI, 'LAKSHMISREE', KOTTILIL LANE, KANATTUKARA.P.O, THRISSUR-680011. BY ADVS. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. COCHIN DEVASWOM BOARD, THRISSUR. 4. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY, TENJIPALAM, MALAPPURAM-673 635. R1 & R2 BY GOVT. PLEADER SRI. T.T. MUHAMOOD R3 BY ADV. SRI.K.GOPALAKRISHNA KURUP, SC, COCHIN D.B SMT.P.K.RADHIKA R4 BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26683 of 2008(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT DATED 23-7- 2008 IN 'MATHRUBHUMI' DAILY INVITING APPLICATIONS. EXT.P1(a) : COPY OF THE APPLICATION DATED 13-8-2008 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P2 : COPY OF G.O (MS) NO. 63/08/H.EDN. DATED 23-6-2008 GIVING SANCTION FOR MAKING APPOINTMENTS. EXT.P3 : COPY OF G.O. (MS) 152/2007 DATED 28-12-2007 EXTENDING THE RELAXATION OF AGE. EXT.P4 : COPY OF THE APPOINTMENT ORDER DATED 29-8-2008 GIVEN TO THE PETITIONER BY THE PRINCIPAL OF KERALA VARMA COLLEGE. EXT.P5 : COPY OF THE NOTIFICATION NO. GA-A5/10186/1975 DATED 12TH NOVEMBER 1975 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.P6 : COPY OF THE ORDER OF M.G UNIVERSITY DATED 17-9-1993 RELATING TO THE APPROVAL OF RESEARCH WORKS. EXT.P7 : COPY OF THE REPRESENTATION DATED 1-8-2008 SUBMITTED BY THE PETITIONER TO THE DIRECTOR OF COLLEGIATE EDUCATION. EXT.P8 : COPY OF PROCEEDINGS DATED 27-11-2008 ISSUED BY THE 3RD RESPONDENT. EXT.P9(1) TO 9(8) : COPIES OF THE APPOINTMENT ORDERS DATED 5-8-1998, 1-9-1999, 3-6-2003, 23-7-2004, 10-8-2005, 18-7-2006, 2-8-2007 A ND 29-8-2008. EXT.P10 : COPY OF THE ORDER NO. G.O.(MS) NO. 8/09/H.EDN. DATED 8-1-2009. EXT.P11 AND EXT.P11(a) TO 11(f) : COPY OF THE LETTER DATED 11-1-2010 FURNISHED BY THE PUBLIC INFORMATION OFFICER. EXT.P12 : COPY OF THE LETTER DATED 2-1-2010 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT'S OFFICE. Contd... WP(C).No. 26683 of 2008(B) EXT.P13 : COPY OF THE REPLY LETTER DATED 29-1-2010 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R.RAMACHANDRAN NAIR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 26683 of 2008 B ``````````````````````````````````````````````````````` Dated this the 18th day of February, 2011 J U D G M E N T Petitioner is challenging the action of the Cochin Devaswom Board in not considering the petitioner for appointment as Lecturer in Sanskrit in Kerala Varma College, Thrissur. Bare facts for the disposal of the writ petition are the following: 2. Ext.P1 is the notification issued by the Board, pursuant to which the petitioner filed an application as per Ext.P1(a). The petitioner is having Doctorate in Sanskrit from Mahatma Gandhi University, which was conferred in the year 1998. She obtained M.A. Degree in Sanskrit in 1989 from the Calicut University and was the first rank holder in the University. The petitioner had also obtained second rank in B.A. Sanskrit (Sahitya) from the Calicut University. 3. Petitioner had occasion to work in the Kerala Varma College as Lecturer in Sanskrit when she was W.P.(C) No.26683/2008 : 2 : appointed as a guest lecturer for the period 1996-97, 1998- 99, 1999-2000, 003-04, 004-05, 2005-06, 2006-07 and 2007- 08. Evidently, such appointments were made in the light of ban order issued by the Government at the time of de-linking of Pre-Degree from the colleges. The ban order was finally lifted as per Ext.P2 order dated 23-06-2008. 4. According to the petitioner, vacancy in the post of Lecturer (Sanskrit) arose in the College in the year 1998 on the resignation of the then incumbent Smt.Aryadevi. 5. Ext.P3 is the order issued by the Government enhancing the age limit prescribed for recruitment as Lecturer to 40 years. It was passed in the light of the fact that due to the ban order, no appointment could be made in the colleges. It is pointed out that the Ph.D holders have also been granted certain benefits by the said order. 6. The petitioner relies upon Ext.P5 to contend for the position that she is entitled for weightage, which has to be calculated as provided therein. Accordingly, it is pointed out W.P.(C) No.26683/2008 : 3 : that she is entitled to get 8 years of weightage in the matter of age relaxation. Reliance is placed on Ext.P3 to contend that she has got approval for the period from 08-11-1993 to 31-03- 1996 and thus she is entitled to get weightage of two years for her research experience also. Finally, she filed Ext.P7 representation to the Director of Collegiate Education to allow her to participate in the selection process and as no orders were passed on the same, the writ petition was filed. 7. While admitting the writ petition, this Court passed an interim order on 05-01-2009 that any interview or any selection will be subject to the result of the writ petition. 8. Petitioner has produced copies of the appointment orders as Ext.P9 series. 9. Heard the learned counsel for the petitioner, learned counsel for the Cochin Devaswom Board and the learned Government Pleader. The learned counsel for the petitioner raised the following contentions. It is submitted that the petitioner was working as a Guest Lecturer in a W.P.(C) No.26683/2008 : 4 : sanctioned post but no regularisation could be made in the light of the ban order issued by the Government. It is submitted that in the light of Ext.P5, weightage has to be granted to her and her application was liable to be accepted. The learned counsel for the petitioner further relied upon Section 57(6) of the Calicut University Act to contend that in the light of the temporary appointment of the petitioner, which continued for a period of ten years, she was entitled to be appointed in any permanent vacancy. 10. The stand taken by the Devaswom Board is that Ext.P5 was adopted prior to the adoption of the statutes and, therefore, Ext.P5 will not have any force thereafter. 11. Section 57(6) of the Calicut University Act provides as follows:- “57(6) Notwithstanding anything contained in this Act, the statutes, Ordinances and regulations made thereunder.- (a) a person appointed as teacher in a private college in a temporary vacancy on or W.P.(C) No.26683/2008 : 5 : after the 14th day of March, 1974 and continuing as such, shall be appointed as teacher in any permanent vacancy or any temporary vacancy of longer duration that may arise, after such appointment in the temporary vacancy, in the private college or, as the case may be, any of the private college under the management of the educational agency within the University area; (b) a teacher relieved from a private college on or after the 14th day of March, 1974 due to the abolition of a course of study in that private college or the cessation of the period for which he was appointed or for any other reason except disciplinary action against him, shall be given preference in the matter of future appointments in the private college or, as the case may be, any of the private colleges under the management of the educational agency within the University area.” 12. The learned counsel for the petitioner also produced before me for perusal a copy of the order passed by W.P.(C) No.26683/2008 : 6 : the Board as per order No.H.4105/06 dated 19-08-2008, whereby one Dr.Johns K.Mangalam has been appointed as Lecturer in Philosophy in the Kerala Varma College, Thrissur. A reading of the said order shows that he had worked as Lecturer in Philosophy in Sree Kerala Varma College, Thrissur during the period from 28-11-1988 to 15-03-1989 and from 05-07-1989 to 29-03-1990 in a leave vacancy and he was thrown out on 29-03-1990. But, recognising his claim under Rule 23(2) of the Calicut University (Conditions of Service of teachers and members of non teaching staff) first statutes 1979, to the effect that a thrown out hand has the eligibility to a post of Lecturer, the Government granted permission to the Board to appoint him and accordingly, he has been appointed. It is the contention of the learned counsel for the petitioner that the petitioner has got more number of orders of temporary tenure in the College compared to the said teacher. 13. The position will have to be considered by the W.P.(C) No.26683/2008 : 7 : Government since the petitioner relies upon Section 57(6) (a) and (b). The learned Government Pleader submitted that the said provision may not support the Guest Lecturers. The learned counsel for the petitioner submits that the appointment of Guest Lecturers is governed by the procedure prescribed by the Government as per Ext.P2. It is submitted that the vacancy in the substantive post was there but, the ban order restrained the college from filling it on a permanent basis. The petitioner was appointed as a Guest Lecturer as permitted in Ext.P2 order. It is pointed out that the said appointment is by way of a temporary nature, which will come within the purview of Section 57(6) (a) and (b). 14. Since the matter will have to be considered by the Government, it is only proper that the petitioner is allowed to file an appropriate representation before the Secretary to Government, Higher Education Department. 15. Therefore, the writ petition is disposed of, directing the petitioner to file appropriate representation before the W.P.(C) No.26683/2008 : 8 : Government, raising all her claims along with a copy of this judgment within one month and the Government will take a decision after hearing the petitioner and the third respondent within a further period of three months. Petitioner will produce a copy of this judgment along with a copy of the writ petition before the Government for compliance. All the legal contentions are left open. Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE) aks // True Copy // P.A. To Judge