IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 15514 of 2009(H) -------------------------------------- PETITIONER: ------------------- SUDHAMONY.T.,MATRON,UNIVERSITY LADIES HOSTELS,CUSAT,COCHIN UNIVERSITY P.O.,KOCHI-22. BY ADV. SMT.P.K.SANTHAMMA. RESPONDENTS: ------------------------ 1. THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O.,KOCHI-22. 2. THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O.,KOCHI-22. 3. SINDHU M.MENON,STOREKEEPER GRADE-III, DEPARTMENT OF PHYSICS,COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,COCHIN UNIVERSITY P.O., KOCHI-22. R1 & R2 BY MR.K.S.MOHAMMED HASHIM,SC,CUSAT, R3 BY ADVS.MR.H.B.SHENOY, MR.B.ASHOK SHENOY, SMT.LAKSHMI B.SHENOY, MR.THOMAS P.MAKIL, MR.SOBHAN GEORGE, MR.K.V.GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2010,ALONG WITH W.P.(C).NO.1842/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15514/2009-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 09/03/2009 BY THE PETITIONER TO R.2. EXT.P.2: COPY OF THE PROCEEDINGS DTD. 08/05/2009 BY R.2. EXT.P.3: COPY OF THE RELEVANT RULES OF THE ALLOTMENT OF QUARTERS. EXT.P.4: COPY OF THE JUDGEMENT DTD. 08/12/2006 IN W.P.(C).NO.30165/2006. RESPONDENTS' EXHIBITS & ANNEXURE: EXT.R3.A: COPY OF THE DISCHARGE SUMMARY DTD. NIL. ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER IN RELATION TO 3RD RESPONDENT'S BABY. EXT.R3.B: COPY OF THE C.T. IMAGING SCAN REPORT OF BRAIN, DTD. 20/07/2002 ISSUED BY MEDI SCAN, COCHIN IN RELATION TO 3RD RESPONDENT'S BABY. EXT.R3.C: COPY OF THE M.R. STUDY OF BRAIN, DTD. 31/12/2007 ISSUED BY VITA DIAGNOSTICS, COCHIN IN RELATION TO 3RD RESPONDENT'S SON, VINAYAK SURESH. EXT.R3.D: COPY OF THE MEDICAL CERTIFICATE DTD. 24/01/2009 ISSUED BY DR. DINESH KAMATH OF ERNAKULAM MEDICAL CENTRE. EXT.R3.E: COPY OF THE LEASE AGREEMENT DTD. 04/02/2009 EXECUTED BETWEEN PRABHAKARAN AND SURESH.K.C. EXT.R3.F: COPY OF THE APPLICATION FOR ALLOTMENT OF FAMILY QUARTERS, DTD. 17/02/2009 SUBMITTED BY 3RD RESPONDENT TO R.2. EXT.R3.G: COPY OF THE REPRESENTATION DTD. 17/02/2009 SUBMITTED BY 3RD RESPONDENT ALONGWITH EXT.R3.(F) APPLICATION. ANNEXURE I: COPY OF THE NOTIFICATION DTD. 23/04/2005. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 15514 of 2009 & W.P(C) No. 1842 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th day of February, 2010. J U D G M E N T In these two writ petitions, the petitioners are claimants for allotment of quarters in the Cochin University of Science and Technology. Both of them claim the same type of quarters, namely, a E Type Quarter. Two such quarters are vacant. Earlier, by Ext. P9 order in W.P(C) No. 1842/2010, the University directed allotment of a quarter to the petitioner in that writ petition as a special case. That is challenged by the petitioner in the other writ petition. According to the petitioner in W.P(C) No. 15514/2009, allotment of quarters can only be in accordance with seniority as stipulated in the Rules for allotment of quarters, which is produced as Ext. P8 in W.P(C) No. 1842/2010. According to the petitioner in W.P(C) No. 15514/2009, the petitioner in the other writ petition is much junior and is not therefore entitled for allotment of the quarters overlooking seniority. 2. The contention of the petitioner in W.P(C) No. 1842/2010 is that she has invoked the powers of the Vice Chancellor under Rule 11 (iv) of Ext. P8 Rules, wherein the Vice Chancellor has the right to allot quarters out of turn for any employee for any special reasons to be recorded. The contention is that the petitioner's son, namely, Vinayak Suresh, who was born prematurely, was subjected to a brain surgery immediately after his birth, as a result of which he is suffering from hydrocephalus, for which he is under constant treatment ever since his birth. Therefore, the petitioner's son requires special care and attention from the petitioner, which is evident from Exts.P3 to P6 medical records/certificates. The petitioner would contend that she can take proper care of her son if she reside in the quarters along with her son. W.P.C. Nos. 15514/09 & 1842/2010 -: 2 :- 3. The standing counsel for the University would now contend that in view of the disputes between the parties, the Vice Chancellor has reconsidered the matter as directed in W.P(C) No. 15514/2009 and has decided to allot quarters strictly in accordance with seniority. 4. I have considered the rival contentions in detail. 5. It is true that Ext. P8 lays down the rules for allotment of quarters in accordance with seniority. But, clause 11(iv) of Ext. P8 reads thus: “(iv) The Vice-Chancellor shall, however have the right to allot quarters out-of-turn to any employee for any special reasons to be recorded.” Such power has been conferred on the Vice Chancellor to be exercised in appropriate cases. In fact, the Vice Chancellor had exercised that power considering the special circumstances mentioned by the petitioner, which resulted in Ext. P9 order. The standing counsel for the University is not able to tell me the circumstances which promoted the Vice Chancellor to take a different stand now. I am of opinion that the circumstances narrated by the petitioner in W.P(C) No. 1842/2010 are more than sufficient for the Vice Chancellor to exercise the discretion vested in him as per the Rules to allot quarters out of turn to the petitioner in W.P(C) No. 1842/2010. I do not find any reason for the Vice Chancellor to take a different view than what has been communicated as per Ext. P9. In the above circumstances, I hold that the petitioner in W.P(C) No. 1842/2010, Smt. Sindhu M. Menon, is entitled to allotment of one of the two vacant quarters as per Ext. P9. This shall be done within one week from today. Regarding the other vacant quarters, it would be open to the Vice Chancellor to take appropriate decision in W.P.C. Nos. 15514/09 & 1842/2010 -: 3 :- accordance with the Rules. The writ petitions are disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/