IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 18048 of 2007(W) --------------------------------------- PETITIONERS: --------------------- 1. MINU K.K.,PRINCIPAL, TECHNICAL HIGHER SECONDARY SCHOOL, THODUPUZHA, IDUKKI DISTRICT. 2. BINDU D.,PRINCIPAL, MODEL TECHNICAL HIGHER SECONDARY SCHOOL, KAPRASSERY, ERNAKULAM DISTRICT. 3. MURALI V.S., PRINCIPAL, TECHNICAL HIGHER SECONDARY SCHOOL, KALANJOOR, PATHANAMTHITTA DISTRICT. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, REPRESENTED BY ITS DIRECTOR, PRAJOE TOWERS, VAZHUTHAKKAD,THIRUVANANTHAPURAM. 3. THE DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, PREJOE TOWERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM.-14. *ADDITIONAL R4 TO R6 IMPLEADED: 4. KRISHNADAS.G., S/O. GOPALAKRISHNAN.C., MANAKKATTUKALAM, KINASSERY, PALAKKAD (LECTURER IN MATHEMATICS), MODEL ENGINEERING COLLEGE, THRIKKAKARA). W.P.(C). NO.18048/2007-W: 5. JOHNSON PHILIP, S/O. E.V. PHILIP, EDAKKAMANNIL HOUSE, NEAR GRACE GARDEN, THRIKKAKARA.P.O., COCHIN-21. (LECTURER IN PHYSICAL EDUCATION, MODEL ENGINEERING COLLEGE, THRIKKAKARA). 6. SHERLIMOL.P.B., W/O. JOHNSON PHILIP, EDAKKAMANNIL HOUSE, ERAVIPEROOR.P.O., THIRUVALLA.(LECTURER IN CHEMISTRY, MODEL ENGINEERING COLLEGE, THRIKKAKARA). *ADDITIONAL R4 TO R6 ARE IMPLEADED VIDE ORDER DTD. 09/07/07 IN I.A. NO. 9356/2007. R1 BY GOVT. PLEADER MR. K. SANIL KUMAR, R2 & R3 BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE, S.C, I.H.R.D, ADV. MR.S.SUJIN, ADDL.R4 TO R6 BY ADV. MR.S.SUBHASH CHAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, ALONG WITH W.P.(C). NO. 22725/2007 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18048/2007-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION NO. E/2174/93/HRD DTD. 05/08/1993. EXT.P.2: COPY OF THE ORDER NO. E1/5256/99/HRD DTD. 12/11/1999 TRANSFERRING THE P.1. FROM MOTEL POLYTECHNIC, KALYASSERY TO COLLEGE OF ENGINEERING, KALLOOPARA. EXT.P.3: COPY OF THE ORDER NO. E1/4109/99/HRD DTD. 07/06/1999 ISSUED BY THE R.3. EXT.P.4: COPY OF THE ORDER NO. E1/4112/99/HRD DTD. 09/06/1999 ISSUED BY THE R.3. EXT.P.5: COPY OF THE ORDER NO. EB1/1359/2005/HRD DTD. 01/06/2007 ISSUED BY THE R.3. EXT.P.6: COPY OF THE REPRESENTATION FILED BY THE P.3. DTD. 28/03/2007. EXT.P.7: -DO- DTD. 06/06/2007. EXT.P.8: COPY OF THE ORDER NO. E2/1733/01/HRD DTD. 14/05/01 ISSUED BY THE R.2. EXT.P.9: COPY OF THE LETTER NO. E5/11480/2005/HRD DTD. 28/11/2005 ISSUED BY THE R.2. EXT.P.10: COPY OF THE LETTER NO. 30723/13/2005/H. EDN. DTD. 31/03/2006 ISSUED BY THE R.1. EXT.P.11: COPY OF THE LETTER NO. EC3/7105/2007/HRD DTD. 10/07/2007 ISSUED BY THE R.2. EXT.P.12: COPY OF THE ORDER NO.EB1/1359/2005/HRD DTD. 04/08/07 ISSUED BY THE R.2. EXT.P.13: COPY OF THE LETTER NO.EC3/10921/2007/HRD DTD. 02/11/07 SENT BY THE R.2. TO ONE SHRI BHASI. EXT.P.14: COPY OF THE ORDER NO. EB1/1359/2005/HRD DTD. 18/12/2007 ISSUED BY THE R.2. EXT.P.15: COPY OF THE CIRCULAR NO.EB1/14950/2007/HRD DTD. 10/01/08 ISSUED BY THE R.2. EXT.P.16: COPY OF THE PROCEEDINGS NO. EB1/1359/2005/HRD DTD. 20/02/2008 ISSUED BY THE R.2. W.P.(C). NO.18048/2007-W: RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE ORDER DTD. 02/12/1998 ISSUED BY R.3. EXT.R4.B: COPY OF THE CIRCULAR DTD. 17/02/2001 ISSUED BY R.3. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.18048, 22725, 25276 & 28370 of 2007 --------------------------------- Dated, this the 5th day of October, 2009 J U D G M E N T These writ petitions are filed by lecturers, who were working in the Colleges under the IHRD, in non-engineering subjects. All these persons have acquired M.Phil/PhD between 2004 & 2006. According to them, initially when they commenced services under the IHRD Colleges, their services were transferable from Engineering Colleges to Non-Engineering Colleges and vice versa. It is contended that therefore, they had occasion to work in both these types of institutions. 2. It is stated that in 1999 & 2004, options were given to those in Non-Engineering Colleges to come over to Engineering Colleges, and those having qualifications prescribed by UGC did opt for Engineering Colleges and that the petitioners did not opt for the same. However, between 2004-2006, the petitioners also have acquired M.Phil/PhD and that it was still later, with effect from 01/07/2006, UGC scales of pay were implemented for non- W.P.(C.) Nos.18048, 22725, 25276 & 28370 of 2007 -2- engineering subjects in Engineering Colleges. As a result of this, the petitioners in these writ petitions contend that they having acquired M.Phil/PhD, the qualifications prescribed by the UGC, should also have been allowed to go over to the Engineering Colleges and enjoy the UGC benefits. Their further demand is that they should be given a chance to opt for the Engineering Colleges and that such chance should be given with retrospective effect at least from 01/07/2006. It is stated that, otherwise, according to the petitioners, they will become juniors to many of their colleagues, who commenced service much later and have gone from Non- Engineering Colleges to Engineering Colleges. 3. In WP(C) No.18048/2007, the IHRD had filed a counter affidavit, and in paragraph 8 of the counter affidavit, it has been stated thus:- “The various posts of Lecturers in Arts and Science subjects in the Engineering Colleges will be filled up inviting fresh options and in case the petitioner fulfills the academic and other requirements as per the notification to be issued at that time, his case shall also be considered.” Therefore, now that the IHRD itself has offered to invite fresh options and consider the case of the petitioners subject to their W.P.(C.) Nos.18048, 22725, 25276 & 28370 of 2007 -3- eligibility, the demand of the petitioners that they should be given a chance of option to Engineering Colleges stands satisfied and to that extent, their grievance is redressed. 4. Further issue is regarding the date of effect of such fresh option. As already noticed, the demand of the petitioners is that such fresh option should be given with effect at least from 01/07/2006. Needless to say that if the demand is conceded, the petitioners will necessarily become seniors to many of the persons, who have already exercised options and gone over to the Engineering Colleges. Such an order prejudicial to those persons can be passed, only if such persons, who are likely to be affected, also are made parties to these writ petitions and are heard. However, none of them have been impleaded in these writ petitions, and therefore, these writ petitions are filed without impleading the affected parties. For that reason, no order prejudicial to persons, who have already exercised option, can be passed. Hence, the prayer to direct that option exercised be given effect from 01/07/2006 is to be rejected, and I do so. 5. Therefore, these writ petitions will stand disposed of directing that the IHRD shall invite fresh options and consider the W.P.(C.) Nos.18048, 22725, 25276 & 28370 of 2007 -4- case of the petitioners subject to their academic qualifications and other requirements, if they have opted in response to such invitation for options. This shall be done as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. Needless to say that the claim of the petitioners for UGC benefits will depend upon the orders to be passed as directed above. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg