IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 23109 of 2011(K) --------------------------------------- PETITIONER(S): ----------------------- PROF.(DR).C.L.CICILY, PROFESSOR, RASHTRIYA SANSKRIT SANSTHAN, (DEEMED UNIVERSITY) GURUVAYOOR CAMPUS, P.O.PURANATTUKARA,TRICHUR DISTRICT. BY ADV. SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN RESPONDENT(S): ---------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO MINISTRY OF HUMAN RESOURCES DEVELOPMENT, CENTRAL SECRETRIAT,NEW DELHI-110 001. 2. RASHTRIYA SANSKRIT SANSTHAN, DEEMED UNIVERSITY, JANAK PURI, NEW DELHI-110 058,REPRESENTED BY ITS REGISTRAR. 3. THE VICE CHANCELLOR, RASHTRIYA SANSKRIT SANSTHAN, DEEMED UNIVERSITY, JANAK PURI, NEW DELHI-110 058. 4. THE PRINCIPAL, (IN CHARGE) DR.M.A.BABU, GURUVAYOOR KENDRIYA SANSKRIT VIDYAPEETH, RASHTRIYA SANSKRIT SANSTHAN, DEEMED UNIVERSITY, GURUVAYOOR CAMPUS, P.O.PURANATTUKARA, TRICHUR DISTRICT-680 551. *ADDL. R5 IMPLEADED 5. BOARD OF DIRECTORS, RASHTRIYA SANSKRIT SANSTHAN, DEEMED UNIVERSITY, 56-57 INSTITUTIONAL AREA, JANAK PURI, NEW DELHI 110 058. REPRESENTED BY ITS PRESIDENT/SECRETARY (STAND CORRECTED AS REP. BY THE REGISTRAR) *VIDE ORDER DATED 08.11.2011 IN I.A.NO.17852/2011. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2 TO R4 BY SRI.KRB.KAIMAL, SENIOR ADVOCATE ADV. SRI.N.M.MADHU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.23109/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBITP 1. TRUE COPY OF THE JUDGEMNT DATED 3/1/1980 OF THIS HON'BLE COURT IN OP .NO.3053/1979-L. EXHIBITP 2. TRUE COPY OF THE LETTER NO.12018/2004. ADMN.RKS/44 DATED 4/4/2005 RECEIVGED BY THE PETITIONER FROM RESPONDNET NO.1. EXHIBITP 3. TRUE COPY OF THE NOTICE DATED 27/09/2006 RECEIVED BY THE PETITIONER FROM THE PRINCIPAL OF THE RASHTRIYA SANSKRIT SANSTHAN,DEEMED UNIVERSITY GURUVAYOOR CAMPUS. EXHIBITP 4. TRUE COPY OF THE OFFICE ORDER NO.203 DATED 15/7/2009 ISSUED BY THE 1ST RESPONDENT. EXHIBITP 5. TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.SREEKUMAR OF ASWINI HOSPITAL ,TRICHUR, TO THE PETTIONER'S HUSBAND ALONG WITH PRESCRIPTION SLIP. EXHIBITP 6. TRUE COPY OF THE OFFICE ORDER NO.240 DATED 19/8/2011 ISSUED BY THE RESPONDANT. EXHIBITP 7. TRUE COPY OF THE ORDER CORRECTING THE TRANSFER ORDER EXT.P6 AS 19/08/2011 FROM 9/8/2011. EXHIBITP 8. TRUE COPY OF THE REPRSENTATION DATED 22/8/2011 MADE BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBITP 9. COPY OF THE STATEMENT OF STATE WISE TEACHING STAFF IN THE VARIOUS CAMPUSES UNDER THE 2ND RESPONDANT OBTAINED FROM THE WEBSITE. EXHIBITP 10. COPY OF THE ORDER NO.237 DATED 19/8/2011. EXHIBITP 11. COPY OF THE ENVELOPE IN WHICH EXHIBIT P-10 DISPATCHED. EXHIBIT 12. COPY OF THE LEAVE LETTER DATED 22/8/2011 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDANT. EXHIBIT 13. COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY AMALA INSTITUTE OF MEDICAL SCIENCE DATED 22/8/2011 EXHIBIT 14. COPY OF THE MEDICAL CERTIFICATE DATED 3/9/2011 ISSUED BY DR.S.AMMINI, MEDICAL OFFICER, RVDA HOSPITAL(RAMA VERMA DISTRICT AYURVEDA HOSPITAL), THRISSUR, TO THE PETITIONER. EXHIBIT 15. COPY OF THE ACKNOWLEDGMENT CARD FOR SENDING LEAVE APPLICATION TO THE 4TH RESPONDANT BY THE PETITIONER. EXHIBIT 16. COPY OF THE LETTER DATED 3/9/2011 SENT BY THE PETITIONER TO THE 2ND RESPONDANT. (P.T.O.) WP(C)NO.23109/2011 EXHIBIT 17. COPY OF THE ORIGINAL OF THE LETTER NO.RSKS/OVPC/ADMN/11/531 DATED 14/9/2011 RECEIVED BY THE PETITIONER FROM 4TH RESPONDANT. EXHIBIT 18. COPY OF THE EXT.P16 LETTER SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDANT. EXHIBITP 19. COPY OF THE REPRESENTATION DATED 31/8/2011 SUBMITTED BY JEESHMA GUNASINGH, PART-TIME RESEARCH SCHOLAR. EXHIBIT 20. COPY OF THE REPRSENTATION DATED 29/8/2011 SUBMITTED BY NANDAKISHOR R. BEFORE THE VICE CHANCELLOR, RASHTRIYA SANSKRIT SANSTHAN, NEW DELHI. EXHIBIT 21. COPY OF THE ABOVE LEAVE APPLICATION DATED 24/9/2011. EXHIBIT 22. COPY OF THE LETTER DATED 27/9/2011 SUBMITTED BY THE PETITIONER. EXHIBIT 23. COPY OF THE APPLICATION FOR LEAVE IN PRINTED FORM SUBMITTED BY THE PETITIONER. EXHIBIT 24. COPY OF THE ORIGINAL OF THE COVER CONTAINING THE LEAVE APPLICATION REFUSED AND RETURNED BY THE RESPONDANT. EXHIBIT 24(A). COPY OF THE ACKNOWLEDGMENT CARD. EXHIBIT 25. COPY OF THE LEAVE APPLICATION ALONG WITH MEDICAL CERTIFICATE DATED 8/10/2011. EXHIBIT 26. COPY OF THE ORIGINAL OF THE COVER CONTAINING THE LEAVE APPLICATION REFUSED BY THE RESPONDANT. EXHIBIT 27. COPY OF THE MEMORANDUM F NO.17011/2011/ADMN/PT.FILE/RSKS/3493, DATED 11/10/2011 ISSUED BY P.N.VATSA, DEPUTY DIRECTOR (ADMN.), 1/C, RASHTRIYA SANSKRIT SANSTHAN, (DEEMED UNIVERSITY), JANAK PURI, NEW DELHI. EXHIBIT 28. COPY OF THE OFFICE ORDER NO.184 DATED 5/8/1997. EXHIBIT 29. COPY OF THE LETTER F.NO.3-1/94(PS)-6 DATED 5/10/2000 ISSUED BY UGC. EXHIBIT 30. COPY OF THE LEAVE APPLICATION ALONG WITH MEDICAL CERTIFICATE SUBMITTED BY THE PETITIONER. EXHIBIT 31. COPY OF THE ORIGINAL COVER RECEIVED BACK FROM THE 4TH RESPONDANT. EXHIBIT 31(A) COPY OF THE ACKNOWLEDGMENT CARD. EXHIBIT 32 COPY OF THE NOTIFICATION NO.F.9-28/2000-U.3 DATED 3OTH JUNE, 2009 ISSUED BY JOINT SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCE DEVELOPMENT,(DEPARTMENT OF HIGHER EDUCATION), NEW DELHI-1. (P.T.O.) WP(C)NO.23109/2011 EXHIBIT 33. COPY OF THE OFFICE ORDER NO.F.NO.19C 15/81. ADMN./2260 DATED NIL ISSUED BY DEPUTY DIRECTOR(ADMN), RASHTRIYA SANSKRIT SANSTHAN, VISHAL ENCLAVE, RAJA GARDEN, NEW DELHI. RESPONDANT'S EXHIBITS: R1(A) COPY OF THE ACADEMIC STAFF IN THE DEPARTMENT OF VYAKARANA AT GURUVAYOOR. R1(B) COPY OF THE LETTER DATED 24/08/2011 ISSUED BY THE CHAIRMAN OF PURI CAMPUS. R4(C) COPY OF THE RELEVANT ORDER OF TRANSFER AND POSTING OF THE 4TH RESPONDANT. R4(D) COPY OF THE AUTHORITY LETTER ISSUED BY THE REGISTRAR TO THE 4TH RESPONDANT. R4(E) COPY OF THE COVER OF THE RETURNED COVER CONTAINING THE RELIEVING ORDER. /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23109 OF 2011 --------------------------------------- Dated this the 8th day of November, 2011. J U D G M E N T This writ petition is filed by the petitioner mainly challenging Ext.P7 order transferring the petitioner from Guruvayoor Campus of the University to the Puri Campus. Even though an interim order was sought, the same was refused at the time of admission. The respondents have filed a detailed counter affidavit opposing the prayers. 2. Heard the learned counsel for the petitioner Sri.M.P.Krishnan Nair, learned Senior Counsel Sri.K.R.B. Kaimal appearing for the respondents 2, 3 and 4 and Sri.N.M.Madhu, Standing Counsel for Rashtriya Sanskrit Sansthan. 3. After the matter was argued in detail, the learned counsel for the petitioner submitted that in view of the various claims of the petitioner and the controversies that have arisen in the case, it is proper that a higher authority considers the grievance of the petitioner. Accordingly, the petitioner has sought to implead the Board of Directors of Rashtriya Sanskrit W.P.(C) No.23109/2011 2 Sansthan as additional 5th respondent in I.A.No.17852/2011 which stands allowed today by a separate order. 4. The representation filed by the petitioner before the respondents 1 to 4 has been produced as Ext.P8. Learned counsel for the petitioner submitted that the petitioner will file a detailed representation before the Board of Directors also. If such a representation is filed along with a copy of this judgment, the same will be considered duly in the next meeting of the Board of Management or as expeditiously as possible, at any rate, within a period of three months. All the contentions raised by the parties are left open. It is submitted that the petitioner is continuing on leave now and the learned counsel for the petitioner submitted that the said arrangement may be allowed to be continued till orders are passed. The competent authority will grant the leave as applied for. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp