Kerala High Court

Vinod V vs University Of Kerala on 8 September, 2020

Author:
P.V.Asha

Bench:
P.V.Asha

W.P(C).No.1366/2018 & c/cases 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE SMT. JUSTICE P.V.ASHA

TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

WP(C).No.1366 OF 2018(U)

PETITIONERS:

1 VINOD V.
AGED 40 YEARS, S/O.K.VISWAMBHARAN, SELECTION GRADE
ASSISTANT M & C II SECTIION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.RESIDING AT 3F,
TOWER-6, ASSET SIGNATURE, MENAMKULAM, KAZHAKKOOTAM,
THIRUVANANTHAPURAM-695582.

2 SUJEENDRA Y.S.
AGED 41 YEARS, S/O.G.SURENDRAN, ADMINISTRATIVE
OFFICER, DEPARTMENT OF AQUATIC BIOLOGY, UNIVERSITY
OF KERALA, KARYAVATTOM, THIRUVANANTHAPURAM-695581,
RESIDING AT SURABHI, VADAKKEKOTTA,
NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695121.

3 MANJUSHA R.
AGED 38 YEARS, W/O.B.MURALI, SELECTION GRADE
ASSISTANT, EEII H SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.RESIDING AT FLAT
NO.III, JOURNALIST COLONY, NCC NAGAR, PEROORKADA,
THIRUVANANTHAPURAM-695005.

4 JITHA V.L.
AGED 36 YEARS, W/O.SANAL D.PREM,SECTION OFFICER, EF
SECTION, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034,RESIDING AT 'SAJITHA' TC
3/703(3, SGRA-59, TKD ROAD, MUTTADA
P.O.,THIRUVANANTHAPURAM-695025.

5 AYSHA N.
AGED 43 YEARS, W/O.SAJU S., SELECTION GRADE
ASSISTANT, AC.AIII SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034, RESIDING AT
ANESS, PARIPALLY P.O., KOLLAM-691574.

6 RAJANI R.
AGED 36 YEARS, W/O.PRADEEP P., SELECTION GRADE
ASSISTANT, EB VIII SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034,RESIDING AT
MYLAMOOTIL VEEDU, VATTATHAMARA P.O., KADAKKAL,
KOLLAM-691 536.
W.P(C).No.1366/2018 & c/cases 2

7 RADHA DEVI S.
AGED 46 YEARS, W/O.JAYACHANDRAN K.,SELECTION GRADE
ASSISTANT, AD. BI SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034,RESIDING AT
T.C.17/2178, ANJANAM, POOJAPPURA,
THIRUVANANTHAPURAM-695012.

8 SREEJAMOL P.
AGED 36 YEARS, D/O.V.MOHANADAS, RESIDING AT
DHANUSREE, PURAVOOR, CHIRAYINKEEZHU P.O.,
THIRUVANANTHAPURAM-695304.

BY ADVS.
SRI.P.NANDAKUMAR
SRI.S.ANEESH
SMT.AMRUTHA SANJEEV

RESPONDENTS:

1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM-695034.

2 THE VICE CHANCELLOR
UNVIERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.

3 DR.P.K.RADHAKRISHNAN
VICE CHANCELLOR, UNVIERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.

4 LYN JAMES
SECTION OFFICER, CBCSS LAB, UNVIERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

5 AJINA A.MOHAMMAD
SECTION OFFICER, EJ IV SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

6 LEENA JOHN
SECTION OFFICER, CASH IV SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

7 JOSE VARGHESE
SECTION OFFICER, AD. A VI SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.

8 ANUPAMA P.S.
SECTION OFFICER, AC.E V SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 3

9 BINI M.B.
SECTION OFFICER, AC. C SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.

10 PREETHA S.
SECTION OFFICER, ACCOUNTS II SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

11 ABHILASH T.R.
SECTION OFFICER, LEGAL ADVISOR'S SECTION,
UNVIERSITY OF KERALA,PALAYAM,
THIRUVANANTHAPURAM-695034.

12 SUNU SATHYANATHAN
SECTION OFFICER, EE II A SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

13 YUSEPH M.A.
SECTION OFFICER, CASH COUNTER, UNVIERSITY OF
KERALA, KARIYAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581.

14 SREEJITH M.P.
SECTION OFFICER ED, UNVIERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

15 BINDU L.A.
SECTION OFFICER, ED IV SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

16 JAYA SUDHA R.P.
SECTION OFFICER, EE II G SECTION,UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

17 ADARSH T.H.
SECTION OFFICER, DEPARTMENT OF EDUCATION,
UNVIERSITY OF KERALA, THYCAUD,
THIRUVANANTHAPURAM-695014.

18 SREENATH S.
SECTION OFFICER, EB IV SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

19 BUSHARA F.
SECTION OFFICER, EE V SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.

20 AJAY D.N.
SECTION OFFICER, AC. L SECTION, UNVIERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 4

21 RAJANIKANTH
SECTION OFFICER, EG XI B SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.

22 DEVIKA NATH R.
SECTION OFFICER, AUDIT IA SECTION, UNIVERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.

23 ABHILASH R.V.
SECTION OFFICER, ASC, UNIVERSITY OF
KERALA,KARIYAVATTOM CAMPUS, THIIRUVANANTHAPURAM-
695581.

24 ANIL KUMAR D.
SECTION OFFICER, NSS SECTION, UNIVERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.

25 SAJUMAL T.S.
SECTION OFFICER, EG I SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

26 REJANI PRAKASH R.
SECTION OFFICER, CAMP AUDIT, UNIVERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.

27 RANJINI R.
SECTION OFFICER, EF II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

28 SHANI S.
SECTION OFFICER, AC F II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

29 SHIBI R.
SECTION OFFICER, EE VII SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

30 SEREEJITH G.S.
SECTION OFFICER, ADDL. BIV (CP) SECTION, UNVIERSITY
OF KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

31 BEENA S.G.
SECTION OFFICER, M & C II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

32 RENJITH SEKHAR R.
SECTION OFFICER, QPR SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 5

33 SOUMYA S.
SECTION OFFICER, EJ IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

34 NAZEERA BEEVI H.
SECTION OFFICER, SDE ACAD II SECTION, UNVIERSITY OF
KERALA,PALAYAM, THIRUVANANTHAPURAM-695034.

35 ADDL.R35 : JAFFAR KHAN T
SECTION OFFICER, PLANNING D SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.

36 ADDL.R36 : BIJAY KRISHNA T.S.M
SECTION OFFICER, FINANCE III SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.

(ADDL.R35 AND R36 ARE IMPLEADED VIDE ORDER DATED
12/10/2018 IN IA.02/2018)

R1, R19 BY ADV. S.AHAMEDU KABEER
R1 BY ADV. SRI.VINU RAJ
R1-2, R25 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R1 BY ADV. SRI.S.A.ANAND
R1, R3, R30 BY ADV. SRI.ALEX.M.SCARIA
R1 BY ADV. SMT.L.ANNAPOORNA
R1 BY ADV. SRI.K.A.BALAN
R1, R5 BY ADV. SRI.V.MADHUSUDHANAN
R1 BY ADV. SRI.E.M.MURUGAN
R1 BY ADV. SRI.PETER JOSE CHRISTO
R1 BY ADV. SRI.P.RAHIM
R1 BY ADV. SMT.K.N.REMYA
R1 BY ADV. SMT.N.SANTHA
R1, R7 BY ADV. SR
I.P.C
.SASIDHARAN
R1 BY ADV. SMT.SARITHA THOMAS
R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
R1 BY ADV. SRI.B.UNNIKRISHNA KAIMAL
R1 BY ADV. SRI.V.VARGHESE

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).5731/2018(N), WP(C).8866/2018(G),
WP(C).9290/2018(I), WP(C).4755/2019(T), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 6

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE SMT. JUSTICE P.V.ASHA

TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

WP(C).No.5731 OF 2018

PETITIONERS:

1 AJINI KARAN
W/O. VAMADEVAN, ASSISTANT (SELECTION GRADE), LEGAL
SECTION, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034, RESIDING AT TC 14/1505-
5, KANNAMMOOLA, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM.

2 BIJU M.L.
S/O. P.MADHAVAN NAIR, ASSISTANT (SELECTION GRADE),
AUDIT-II, ADMINISTRATIVE UNIT, UNIVERSITY OF
KERALA, KARIAVATTOM CAMPUS, THIRUVANANTHAPURAM-
695581, RESIDING AT MALEE KSRA-68, NEAR VV CLINIC,
ATTINGAL.

3 BEENA L.
W/O. SURESH BABU V., SECTION OFFICER, SICC
(SOPHISTICATED INSTRUMENTATION AND COMPUTATION
CENTRE), UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581, RESIDING AT 'SREERAGAM',
KAILAS NAGAR II-1, KAZHAKKUTTOM.

4 DIVYA DINESH
W/O. BIJUNATH GOPINATHAN, ADMINISTRATIVE OFFICER
(SECTION OFFICER), DEPARTMENT OF MALAYALAM,
UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581, RESIDING AT "SIVAM",
KANNETTUVILA, KATHAIKKONAM P.O.,
THIRUVANANTHAPURAM-695584.

BY ADVS.
SRI.M.SREEKUMAR
SMT.V.P.SEEMANDINI (SR.)

RESPONDENTS:

1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 7

2 THE VICE-CHANCELLOR
UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.

3 LYN JAMES
SECTION OFFICER, CBCSS LAB, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

4 AJINA A. MOHAMMAD
SECTION OFFICER, EJ IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

5 LEENA JOHN
SECTION OFFICER, CASH IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

6 JOSE VARGHESE
SECTION OFFICER, AD.A VI SECTION,UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

7 ANUPAMA P. S.
SECTION OFFICER, AC. E.V.SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

8 BINI M. B.
SECTION OFFICER, AC. C. SECTION, UNIVERSITY OF
KERALA, PALAYAM,THIRUVANANTHAPURAM-695034.

9 PREETHA S.
SECTION OFFICER, ACCOUNTS II SECTION,
UNIVERSITY OF KERALA, PALAYAM,THIRUVANANTHAPURAM-
695034.

10 ABHILASH T. R.
SECTION OFFICER, LEGAL ADVISOR'S SECTION,
UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM-
695034.

11 SUNU SATHYANATHAN
SECTION OFFICER, EE II A SECTION, UNIVERSITY OF
KERALA, PALAYAM,THIRUVANANTHAPURAM-695034.

12 YUSEPH M. A.
SECTION OFFICER, CASH COUNTER, UNIVERSITY OF
KERALA, KARIYAVATTOM CAMPUS, THIRUVANANTHAPURAM-
695581.

13 SREEJITH M. P.
SECTION OFFICER ED, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 8

14 BINDU L. A.
SECTION OFFICER, ED IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

15 JAYA SUDHA R. P.
SECTION OFFICER, EE II G SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

16 ADARSH T. H.
SECTION OFFICER, DEPARTMENT OF EDUCATION,
UNIVERSITY OF KERALA, THYCAUD, THIRUVANANTHAPURAM-
695014.

17 SREENATH S.
SECTION OFFICER, EB IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

18 BUSHARA F.
SECTION OFFICER, EE V SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

19 AJAY D. N.
SECTION OFFICER, AC. L SECTION, UNIVERSITY OF
KERALA, PALAYAM,THIRUVANANTHAPURAM-695034.

20 RAJANIKANTH
SECTION OFFICER, EG XI B SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

21 DEVIKA NATH R.
SECTION OFFICER, AUDIT IA SECTION,UNIVERSITY OF
KERALA, PALAYAM,THIRUVANANTHAPURAM-695034.

22 ABHILASH R. V.
SECTION OFFICER, ASC, UNIVERSITY OF KERALA,
KARIYAVATTOM CAMPUS, THIRUVANANTHAPURAM-695581.

23 ANIL KUMAR D.
SECTION OFFICER, NSS SECTION, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

24 SAJUMAL T. S.
SECTION OFFICER, EG I SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

25 REJANI PRAKASH R.
SECTION OFFICER, CAMP. AUDIT, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 9

26 RANJINI R.
SECTION OFFICER, EF II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

27 SHANI S.
SECTION OFFICER, AC. F II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

28 SHIBI R.
SECTION OFFICER, EE VII SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

29 SREEJITH G.S.
SECTION OFFICER, ADDL. BIV (CP) SECTION, UNIVERSITY
OF KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

30 BEENA S.G.
SECTION OFFICER, M & C II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

31 RENJITH SEKHAR R.
SECTION OFFICER, QPR SECTION,UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.

32 SOUMYA S.
SECTION OFFICER, EJ IV SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

33 NAZEERA BEEVI H.
SECTION OFFICER, SDE ACAD II SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

34 ABHILASH S.
SECTION OFFICER, EA III SECTION, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

35 FAZEELA L.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

36 BABITHA SAIRA MATHEW
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.

37 DEEPA SREEKANTAN G.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.

38 ASHA B.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.
W.P(C).No.1366/2018 & c/cases 10

39 RESHMI RAJAGOPALAN
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.

40 SANGEETHA K. M.
ASSISTANT (SELECTION GRADE),UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.

41 LINI D.L.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

42 PREETHI P.K.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

43 RAJEEV SUDHAKARAN
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

44 VINOD KUMAR S.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.

45 RENJITH P.
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

46 BINOY MATHEW
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.

47 ARUNA GOPALAKRISHNAN
ASSISTANT (SELECTION GRADE), UNIVERSITY OF KERALA,
PALAYAM,THIRUVANANTHAPURAM-695034.

48 ADDL. R48: JAFFAR KHAN T.
SECTION OFFICER,
PLANNING D SECTION,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM - 695034.

49 ADDL. R49: BIJAY KRISHNA T.S.M.,
SECTION OFFICER,
FINANCE III SECTION,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM - 695034.

(ADDITIONAL R48 AND R49 ARE IMPLEADED AS PER ORDER
DATED 24/10/2018 IN IA NO.3/2018 IN WP(C) NO.)
W.P(C).No.1366/2018 & c/cases 11

5731/2018.

R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
R1, R3 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R1 BY ADV. SRI.S.A.ANAND
R1 BY ADV. SMT.L.ANNAPOORNA
R1 BY ADV. SMT.B.ANANJANA
R1 BY ADV. SRI.K.A.BALAN
R1, R4 BY ADV. SRI.V.MADHUSUDHANAN
R1 BY ADV. SRI.PETER JOSE CHRISTO
R1 BY ADV. SMT.K.N.REMYA
R1 BY ADV. SMT.N.SANTHA
R1, R6 BY ADV. SR
I.P.C
.SASIDHARAN
R1 BY ADV. SRI.B.UNNIKRISHNA KAIMAL
R1 BY ADV. SRI.V.VARGHESE

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).8866/2018(G),
WP(C).9290/2018(I), WP(C).4755/2019(T), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 12

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE SMT. JUSTICE P.V.ASHA

TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

WP(C).No.8866 OF 2018

PETITIONER:

SREEJITH G.S.
S/O.V.SREEKUMARAN NAIR, AGED 44 YEARS,
SECTION OFFICER, EE VII SECTION, UNIVERSITY OF
KERALA,(RESIDING AT ANAND HOUSE, SRA 242,SASTHA
NAGAR,PANGODE,THIRUVANANTHAPURAM-695006.

BY ADVS.
SRI.ALEX.M.SCARIA
SMT.SARITHA THOMAS

RESPONDENTS:

1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM UNIVERSITY.P.O-695034.

2 THE VICE CHANCELLOR
UNIVERSITY OF KERALA,PALAYAM,THIRUVANANTHAPURAM
UNIVERSITY.P.O.695034.

3 AJINI KARAN
W/O VAMADEVAN, ASSISTANT (SELECTION GRADE), LEGAL
SECTION, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034, RESIDING AT TC-14/1505-
5, KANNAMMOOLA, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-695011.

4 BIJU M.L
S/O MADHAVAN NAIR, ASSISTANT (SELECTION GRADE),
AUDIT-II, ADMINISTRATIVE UNIT, UNIVERSITY OF
KERALA, KARIAVATTOM CAMPUS, THIRUVANANTHAPURAM-
695581, RESIDING AT MALEE KSRA-68, NEAR VV CLINIC,
ATTINGAL-695101.

5 BEENA L
W/O SURESH BABU V, SECTION OFFICER, SICC
(SOPHISTICATED INSTRUMENTATION AND COMPUTATION
CENTRE), UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
W.P(C).No.1366/2018 & c/cases 13

THIRUVANANTHAPURAM-695581, RESIDING AT 'SREERAGAM',
KAILAS NAGAR II-1, KAZHAKKUTTOM-695582.

6 DIVYA DINESH
W/O BIJUNATH GOPINATHAN, ADMINISTRATIVE OFFICER
(SECTION OFFICER), DEPARTMENT OF MALAYALAM,
UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581, RESIDING AT 'SIVAM'
KANNETTUVILA, KATHAIKKONAM P.O.,
THIRUVANANTHAPURAM-695584.

(ADDL.R3 TO R6 ARE IMPLEADED AS PER ORDER DATED
14/06/2018 IN IA.10577/2018)

7 MANEESH R
AGED 37 YEARS
S/O RAVI N, SECTION OFFICER AUDIT II, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM-695034,
RESIDING AT M.K VILAS, AYIRAKUZHY P.O, CHITHARA,
THIRUVANANTHAPURAM-691559.

8 FRANCIS ANTONY
AGED 42 YEARS
S/O ANTONY V.E, SECTION OFFICER, FINANCE IV,
UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM-
695034, RESIDING AT 28-ASWATHY GARGENS,
AMABALATHARA, THIRUVANANTHAPURAM-695026.

9 BINU G
AGED 42 YEARS
S/O GOPALAPANICKER, SECTION OFFICER AUDIT III,
UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM-
695034, RESIDING AT MAYOORAM, THATTINNAKAM,
NALANCHIRA P.O., THIRUVANANTHAPURAM-695015.

(ADDL.R7 TO R9 ARE IMPLEADED AS PER ORDER DATED
10/07/2018 IN IA.12258/2018)

10 ADDL.R10 : JAFFAR KHAN T
SECTION OFFICER, PLANNING D SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.

11 ADDL.R11 : BIJAY KRISHNA T.S.M
SECTION OFFICER, FINANCE III SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.

(ADDL.R10 AND R11 ARE IMPLEADED AS PER ORDER DATED
30/10/2018 IN IA.04/2018)

R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
BY ADV. SRI.S.ANEESH
W.P(C).No.1366/2018 & c/cases 14

R1 BY ADV. SRI.P.NANDAKUMAR
R1 BY ADV. SRI.M.SREEKUMAR
ADVOCATE SRI S.P.ARAVINDAKSHAN PILLAI
SENIOR ADV. SRI.P.RAVINDRAN (R10 & R11)

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).9290/2018(I), WP(C).4755/2019(T), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE SMT. JUSTICE P.V.ASHA

TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

WP(C).No.9290 OF 2018

PETITIONER:
1 SREENATH.S,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.

2. YUSEPH.M.A,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.

3. AJINA.A.MOHAMMED,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.

4. REJANI PRAKASH.R,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.

5. SHIBI.R,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM-695 034.

6. RENJITH SEKHAR.R,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPRUAM - 695 034.

BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.T.ISSAC
SRI.V.MADHUSUDHANAN
SRI.B.UNNIKRISHNA KAIMAL
W.P(C).No.1366/2018 & c/cases 16

RESPONDENTS:

1 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR,
THIRUVANANTHAPRUAM - 695 034.

2 THE VICE CHANCELLOR
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695034.

3 ANUPAMA V.T
SELECTION GRADE ASSISTANT, CONTROLLER OF
EXAMINATIONS BUILDING, UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPURAM-695034.

4 AJINI KARAN
W/O VAMADEVAN, ASSISTANT(SELECTION GRADE), LEGAL
SECTION, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034, RESIDING AT TC 14/1505-
5, KANNAMMOOLA, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM.

5 BIJU M.L
S/O P.MADHAVAN NAIR, ASSISTANT(SELECTION GRADE),
AUDIT-II, ADMINISTRATIVE UNIT, UNIVERSITY OF
KERALA, KARIAVATTOM CAMPUS, THIRUVANANTHAPURAM-
695581, RESIDING AT MALEE KSRA-68, NEAR VV CLINIC,
ATTINGAL-695101.

6 BEENA L
W/O SURESH BABU V, SECTION OFFICER, SICC
(SOPHISTICATED INSTRUMENTATION AND COMPUTATION
CENTRE), UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695581, RESIDING AT 'SREERAGAM',
KAILAS NAGAR II-1, KAZHAKKUTTOM-695582.

7 DIVYA DINESH
W/O BIJUNATH GOPINATHAN, ADMINISTRATIVE OFFICER
(SECTION OFFICER), DEPARTMENT OF MALAYALAM,
UNIVERSITY OF KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM-695 581, RESIDING AT 'SIVAM'
KANNETTUVILA, KATHAIKKONAM P.O.,
THIRUVANANTHAPURAM-695584.

8 GIREESH R.G.
AGED 42 YEARS,
S/O.G.RAVI, SECTION OFFICER, EJ-X, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM - 695034,
RESIDING AT KEMRA 31(A), KRISHNAGIRI, JAGATHY,
THIRUVANANTHAPURAM - 695014.
W.P(C).No.1366/2018 & c/cases 17

9 ADDL.R9 : JAFFARKHAN. T
SECTION OFFICER, PLANNING D SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM-695034.

10 ADDL.R10 : BIJAY KRISHNA T.S.M
SECTION OFFICER, FINANCE III SECTION,
UNIVERSTITY OF KERALA, THIRUVANANTHAPURAM-695 034.

11 ADDL.R11 : BIJUDAS. C.S
SECTION OFFICER, EGV SECTION, UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM 695034.

12 ADDL.R12 : REMYA P.J
SECTION OFFICER, FINANCE II SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.

13 ADDL.R13 : SINDHU P.S
SECTION OFFICER, ACCOUNTS VI B SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.

14 ADDL.R14 : INDU V.G
SECTION OFFICER AUDIT I SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

15 ADDL.R15 : KAVITHA V
SECTION OFFICER, ACCOUNTS V B SECTION, UNIVERSITY
OF KERALA, THIRUVANANTHAPURAM 695034.

16 ADDL.R16 : JAYARAJ J
SECTION OFFICER, PLANNING A I SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.

17 ADDL.R17 : RAJESH S
SECTION OFFICER, DEPARTMENT OF MATHEMATICS,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.

18 ADDL.R18 : ASWATHY L.V
SECTION OFFICER, AD.BII SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

19 ADDL.R19 : DIVYA G.S
SECTION OFFICER, AD.B IV SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

20 ADDL.R20 : ABHILASH A.K
SECTION OFFICER, ELECTION SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.

21 ADDL.R21 : DHANYA K
SECTION OFFICER, EH SECTION, UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM 695034.
W.P(C).No.1366/2018 & c/cases 18

22 ADDL.R22 : SONA RANI A.S
SECTION OFFICER, DEPARTMENT OF LIBRARY AND
INFORMATION SCIENCE, UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM 695034.

23 ADDL.R23 : BINDU E
SECTION OFFICER,CE'S SECTION-1,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.

24 ADDL.R24 : ANISHA KUMARI R.S
SECTION OFFICER,DEPARTMENT OF BIO-CHEMISTRY,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.

25 ADDL.R25 : MEERA D.N
SECTION OFFICER, ES IX SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

26 ADDL.R26 : SARIKA P.R
SECTION OFFICER, EE II L SECTION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.

27 ADDL.R27 : DEEPA FRANCES PRAKASH
SECTION OFFICER, AUDIT IV C SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

28 ADDL.R28 : MEENA S
SECTION OFFICER, EB I SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

29 ADDL.R29 : SMITHA J.S
SECTION OFFICER, M AND C I SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

30 ADDL.R30 : RAJI R
SECTION OFFICER, ES V SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

31 ADDL.R31 : SARITHA J.N
SECTION OFFICER, EE II J SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

32 ADDL.R32 : ANEES M.A
SECTION OFFICER, DEPARTMENT OF LAW, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

33 ADDL.R33 : NISHA A
SECTION OFFICER, EB V SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.
W.P(C).No.1366/2018 & c/cases 19

34 ADDL.R34 : SMITHA S NAIR
SECTION OFFICER, DEPARTMENT OF OPTO-ELECTRONICS,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM 695034.

35 ADDL.R35 : SARA SUSAN ABRAHAM
SECTION OFFICER, EG VI B SECTION, UNIVERSITY OF
KERALA, THIRUVANANTHAPURAM 695034.

(ADDL.R9 TO R35 IS IMPLEADED AS PER ORDER DATED
12/09/2018 IN IA.12/2018)

36 ADDL.R36: SREEJITH.K.G
AGED 39 YEARS, SON OF G.GOPALAN PILLAI,
SREENILAYAM,VETTIYARA P.O., NAVAIKULAM,
THIRUVANANTHAPURAM-695 603.

(ADDL.R36 IS IMPLEADED AS PER ORDER DATED 19-06-
2020 IN IA 3/19 IN THE WP(C))

R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
BY SENIOR ADV.V.P.SEEMANDINI
BY ADV. SRI.M.R.ANISON
BY ADV. SRI.S.ANEESH
BY ADV. SMT.K.P.GEETHA MANI
BY ADV. SRI.P.NANDAKUMAR
BY ADV. SMT.P.A.RINUSA
BY ADV. SRI.M.SREEKUMAR
BY ADV. SRI.J.G.SYAMNATH
BY ADV. SREEDHAR RAVINDRAN
BY ADV. APARNA RAJAN
BY ADV. LAKSHMI RAMADAS
BY ADV. P.RAVINDRAN (SR.)
BY ADV. B.ASHOK SHENOY
BY ADV. SRI.K.V.GEORGE
BY ADV. SRI.P.N.RAJAGOPALAN NAIR
BY ADV. SRI.P.S.GIREESH
BY ADV. SRI.RIYAL DEVASSY

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).8866/2018(G), WP(C).4755/2019(T), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE SMT. JUSTICE P.V.ASHA

TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

WP(C).No.4755 OF 2019(T)

PETITIONERS:

1 LYN JAMES,
AGED 35 YEARS
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

2 LEENA JOHN,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

3 S. PREETHA,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

4 T.R. ABHILASH,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

5 M.P. SREEJITH,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

6 R. DEVIKA NATH,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.
W.P(C).No.1366/2018 & c/cases 21

7 T.S.SAJUMAL,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

8 R. RENJINI,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

9 S.G. BEENA,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

10 H. NAZEERA BEEVI,
SECTION OFFICER,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SHRI.VISHNU V.K.
KUM.ABHIRAMI K. UDAY
RESPONDENTS:

1 UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR,
THIRUVANANTHAPURAM,
PIN - 695 034.

2 THE VICE CHANCELLOR,
UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM,
PIN - 695 034.

3 ADDL.R3 : AJINI KARAN
W/O VAMADEVAN, SECTION OFFICER, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM 695 034,
RESIDING AT TC 14/1505-5, KANNAMMOOLA, MEDICAL
COLLEGE.P.O, THIRUVANANTHAPURAM.
W.P(C).No.1366/2018 & c/cases 22

4 ADDL.R4. BIJU.M.L
S/O P.MADHAVAN NAIR, SECTION OFFICER, UNIVERSITY OF
KERALA, KARIAVATTOM CAMPUS,
THIRUVANANTHAPURAM 695 581,
RESIDING AT MALEE KSRA-68, NEAR V V CLINIC,
ATTINGAL.

ADDL.R3 AND R4 IMPLEADED AS PER ORDER DATED
21.05.2019 IN I.A.NO.1/19 IN W.P.(C) 4755/19.

R1-2 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
BY ADV. M.SREEKUMAR

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).8866/2018(G), WP(C).9290/2018(I), WP(C).6297/2019(J),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 23

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE SMT. JUSTICE P.V.ASHA

TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

WP(C).No.6297 OF 2019(J)

PETITIONERS:

1 JOSE VARGHESE
AGED 48 YEARS
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.

2 ANUPAMA.P.S.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.

3 SONU SATHYANATHAN
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.

4 BINDU.L.A.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.

5 JAYASUDHA.R.P.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.

6 ADARSH.T.H.
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.

7 RANAJIKANTH.V.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.

8 ABILASH.R.V.
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.

9 SHANI.S.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
W.P(C).No.1366/2018 & c/cases 24

10 SOUMYA.S.,
SECTION OFFICER, UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.

BY ADV. SR
I.P.C
.SASIDHARAN

RESPONDENTS:

1 UNIVERSITY OF KERALA
REPRESENTED BY THE REGISTRAR, UNIVERSITY CAMUS ,
THIRUVANANTHAPRUAM-695 034.

2 THE VICE CHANCELLOR,
UNIVERSITY OF KERALA, UNIVERSITY CAMPUS,
THIRUVANANTHAPURAM-695 034.

3 AJINI KARAN
W/O.VAMADEVAN,
SECTION OFFICER,
UNIVERSITY OF KERALA,
PALAYAM, THIRUVANANTHAPRUAM-695 034
RESIDING AT: TC.14/1505-5,
KANNAMOOLA, MEDICAL COLLEGE.P.O,
THIRUVANANTHAPRUAM.

4 BIJU M.L,
S/O.P.MADHAVAN NAIR,
SECTION OFFICER, UNIVERSITY OF KERALA,
KARIAVATTOM CAMPUS,
THIRUVANANTHAPRUAM - 695 581
RESIDING AT: MALEE, KSRA-68,
NEAR VV CLINIC, ATTINGAL.

(ADDITIONAL R3 AND R4 ARE IMPLEADED AS PER ORDER
DATED 21.5.2019 IN I.A.1/2019.)

R1-2 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
R3 BY ADV. M.SREEKUMAR

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).8866/2018(G), WP(C).9290/2018(I), WP(C).4755/2019(T),
WP(C).4267/2020(G), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 25

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE SMT. JUSTICE P.V.ASHA

TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

WP(C).No.4267 OF 2020(G)

PETITIONER:

SREEJITH,
AGED 39 YEARS,
S/.SHIVARAMA PILLAI V., KOIPALLIL HOUSE,
MUTHUKULAM SOUTH MURI, MUTHUKULAM VILLAGE,
WORKING AS ASSISTANT, UNIVERSITY OF KERALA,
THIRUVANANTHAPURAM - 695 034.

BY ADVS.
SRI.B.RENJITHKUMAR
SMT.JISHA P.C.

RESPONDENT:

UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR PALAYAM,
THIRUVANANTHAPURAM - 695 034.

R1 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-
08-2020, ALONG WITH WP(C).1366/2018(U), WP(C).5731/2018(N),
WP(C).8866/2018(G), WP(C).9290/2018(I), WP(C).4755/2019(T),
WP(C).6297/2019(J), THE COURT ON 08-09-2020 DELIVERED THE
FOLLOWING:
W.P(C).No.1366/2018 & c/cases 26

P.V.ASHA, J.
----------------------------------------
W.P(c) No.1366/2018, 5731/2018, 8866/2018,
9290/2018, 4755/2019, 6297/2019 and 4267 of 2020
---------------------------------------------
Dated this the 8th day of September, 2020

JUDGMENT

The dispute in these Writ Petitions is with respect to the requirement of pass

in Departmental test for promotion from the post of Assistants in Kerala

University. The petitioners in all these cases were selected and appointed by the

very same process of selection based on a select list published in the year 2008.

Their selection was under challenge before this Court in W.P(C).No.37082 of 2007

and also before the Lok Ayukta. Due to the interim order passed by this Court on

30.06.2009 in W.P.(C) No.37082 of 2007 directing that none of the appointees

shall be promoted until further orders pending disposal of the Writ Petition, none

of them were granted promotion. As per judgment dated 21.02.2017 in W.P.(C)

No.491 of 2012 and connected cases, this Court upheld their selection and directed

the University to grant all the benefits to the appointees including promotion in

preference to their juniors. University thereafter issued orders granting promotion

to the cadre of Senior Grade Assistants, Selection Grade Assistants and Section

Officers. Brief facts in each of the cases are the following:

W.P(C).No.1366/2018 & c/cases 27

2. W.P(c).No.1366/2018

2.1. This Writ Petition was filed on 12.01.2018 aggrieved by the promotions

granted to respondents 4 to 34 as Selection Grade Assistants and as Section

Officers in preference to them. They are challenging Ext.P1 order dated

23.02.2017 and Ext.P2 order dated 16.08.2017, to the extent respondents 4 to 34

were granted promotion as Selection Grade Assistants in preference to them. They

claimed that they had completed their probation in May/June, 2009 after passing

the departmental tests in January, 2009 and they became eligible for promotion as

Senior Grade Assistants in June 2009, as shown in Ext.P3 list. At the same time,

even though the party respondents had passed the departmental tests only in July,

2009, as shown in Ext.P4 list, they were granted promotion as Section Officers

overlooking the petitioners. Aggrieved by those promotions, the petitioners had

submitted a representation before the Vice Chancellor on 27.02.2017. Thereupon

the Vice Chancellor constituted an Anomaly Rectification Committee (ARC)

comprising Joint Registrar, Administration, Joint Registrar (Finance), Deputy

Registrar Administration I, Assistant Registrar Administration I and Section

Officer, Finance III Section, in order to examine and report the anomalies. The

ARC submitted Ext.P5 report to the Vice Chancellor on 17.05.2017 recommending

to grant promotion to Assistants of 2008 batch to the cadre of Senior Grade w.e.f

03.12.2009 and to Selection Grade w.e.f 01.04.2011. The Vice Chancellor called

for objections on the report to be submitted before 31.05.2017. After examining

the objections the committee submitted a draft proposal on 28.06.2017; the Vice

W.P(C).No.1366/2018 & c/cases 28

Chancellor on 06.07.2017 directed the committee to submit a comprehensive

report after verifying all the available records. Thereafter, the ARC submitted

Ext.P6 report on 10.8.2017, in which the promotions granted to respondents 4 to

34 in Exts.P1 and P2 orders were found to be wrong and therefore placed them in

the list in accordance with the date on which they passed the departmental test. As

no steps were taken to revise the promotions in tune with Ext.P6 report, the

petitioners filed W.P(c).No.30240/2017 seeking directions to the University to

promote the petitioners as Selection Grade Assistants with effect from the date of

Ext.P1 in accordance with Ext.P6 report. This Court as per Ext.P7 judgment dated

13.10.2017 directed the University to call for and obtain objections against the

report and to take a final decision within a further period of one month and to

effect promotions without any further delay.

2.2. But the Vice Chancellor (who is personally impleaded as 3rd

respondent), instead of implementing Ext.P6 report, sought for the opinion from

the Legal Adviser of the University. The Legal Adviser opined that the date of

vacancies should be unified considering the date of joining of the last incumbent of

2008 batch. Thereafter, Ext.P8 order was issued on 03.01.2018, revising the

promotions, after unifying the date of occurrence of vacancy as 03.07.2010.

Petitioners submitted that due to unification of vacancies, respondents 4 to 34, who

had acquired test qualification much after the petitioners, were enabled to retain

their illegal promotions. The petitioners are therefore challenging Ext.P8 order

dated 03.01.2018 pointing out that the promotions are granted without considering

W.P(C).No.1366/2018 & c/cases 29

the date of occurrence of vacancies and the qualification of the Assistants as on the

date of occurrence of vacancy, contrary to the settled law as laid down in the

judgments of the Full Bench in
James Mathew v. Chief Justice
[1977 KLT 622],

Varghese v. State of Kerala [1981 KLT 458], etc. The petitioners pointed out that

the Committee had found that the petitioners, who got test qualified much before

respondents 4 to 34 got qualified, were entitled to be promoted in preference to the

party respondents taking note of their qualification as on the date of occurrence of

vacancies. It is stated that as per statute 2, Chapter 4 of the Kerala University First

Statute, 1977 the provisions under the KS&SSR as amended from time to time are

applicable to the non teaching staff of the University. As per Rule 28(b)(iA )of

Part II KS&SSR when a select list is prepared subsequent to the occurrence of

vacancy, a person who was not qualified for inclusion in the select list at the time

of occurrence of vacancy shall not be included in the select list and in case nobody

was qualified at the time of occurrence of vacancy, then the person who gets test

qualified first shall be promoted. Petitioners have also alleged that the 3rd

respondent, who was holding the post of Vice Chancellor, had been showing undue

favouritism towards respondents 4 to 34, in order to deny the legitimate right of

the petitioners.

2.3. Respondents 4 to 34 have filed separate Writ Petitions challenging the

subsequent proceedings. Respondents 18, 13, 5, 26, 29 and 32 have filed W.P.(C)

No.9290 of 2018; respondents 4, 6, 10, 11, 14, 22, 25, 27, 31 and 34 have filed

W.P.(C) No.4755 of 2019; respondents 7, 8, 12, 15, 16, 17, 21, 23, 28 and 33 have

W.P(C).No.1366/2018 & c/cases 30

filed W.P.(C) No.6297 of 2019 when another ARC was constituted by the

successor Vice Chancellor and a list of eligible persons for promotion with

reference to the date of acquisition of test qualification is prepared, based on that

report, in which the petitioners in W.P.(C).No.1366 of 2018 were found eligible for

promotion in preference to the party respondents.

3. W.P(C)No.5731 of 2018

3.1. Petitioners in this case also have passed the departmental tests much

earlier and after examining their complaints the ARC had recommended their

promotion in preference to those who acquired test qualification subsequent to

them. Pointing out that vacancies were available at the time of their entry in

service itself they claimed promotion as soon as they acquired the test

qualification, irrespective of seniority. They alleged that as per order dated

23.02.2017, promotions were granted without applying the proviso to Rule 28(a)(i)

of KS&SSR; the petitioners submitted representations before the Vice Chancellor;

explaining the proceedings of the ARC and pointing out that the seniority was

correctly assigned to them in the report dated 10.08.2017 of the ARC, the

petitioners alleged that instead of accepting and acting upon the said

recommendations in the reports dated 10.08.2017 and 04.11.2017, the University

went on with promotions based on seniority alone. It was alleged that instead of

granting promotions based on the reports, the Vice Chancellor sought legal opinion

and on the basis of Ext.P7 legal opinion given without examining the relevant

records, the University issued the order dated 03.01.2018, whereby the petitioners

W.P(C).No.1366/2018 & c/cases 31

were brought down and those who acquired test qualification subsequent to them

got promotion in preference to them. Pointing out that the syndicate had in the

meeting held on 31.05.1963, as per Ext.P9 minutes, decided to make Ext.P8 order

issued by the Government on 14.01.1963 applicable to the University, whereby an

Assistant has to pass the account test lower and Secretariat manual test for

probation and promotion. The petitioners alleged that in case all the relevant

records were brought to the notice of the legal adviser, he would have supported

the recommendations of the ARC to effect promotions from 22.05.2009, when the

petitioners and others were having test qualification, etc. The petitioners are

aggrieved by the proceedings pursuant to the legal opinion.

4. W.P.(C) No.8866 of 2018:

4.1. Respondent no.30 in W.P.(C) No.1366/2018, is the petitioner herein

who is supporting the legal opinion and seeks directions to the University to take

action in tune with the legal opinion stating that test qualification is not necessary

for promotion.

5. W.P(c).No.9290/2018

5.1. The petitioners in this Writ Petition are respondents 18, 13, 5, 26, 29

and 32 respectively in W.P.(C).No.1366 of 2018, who were granted promotion as

Section Officers. According to them, the University had, as per circular dated

01.10.2013, issued a provisional gradation list of non-teaching staff in the category

of Assistants and above upto that of Joint Registrars as on 01.07.2013 and had

called for objections to be reached on or before 31.10.2013. Thereafter, Ext.P2

W.P(C).No.1366/2018 & c/cases 32

final gradation list was published on 23.02.2017, after this Court upheld the

selection as per common judgment dated 21.02.2017. The petitioners claimed that

based on the said seniority list, promotions were granted to them and several

others, as per Ext.P3 order dated 23.02.2017, as Senior Grade Assistants and

Selection Grade Assistants and further promotion as Section Officers to 52

persons.

5.2. As several complaints were received against those promotions, the

Vice Chancellor constituted an ARC to examine the complaints; ARC, after

hearing all the parties, submitted Ext.P4 report dated 17.05.2017, recommending

to postpone the date from which promotions were made to the post of Senior

Grade Assistants from 22.5.2009 to 3.12.2009 stating that there was no exigency in

service or public interest involved necessitating promotions on 22.05.2009, as

contemplated in Statute 12 Part II Chapter 4 of the Kerala University First

Statutes, 1977 and that promotions could be effected only w.e.f 03.12.2009 - the

date on which the seniors were superseded by the juniors. It was also

recommended that there should be a gap of one year from the date of promotion

from Senior Grade to Selection Grade applying proviso to Rule 28(a)(i) of

KS&SSR; various objections were submitted against the said report with respect to

the date of occurrence of substantive vacancies, ratio to be maintained,

requirement of test qualification for promotion, etc; the ARC submitted Ext.P5

final report to the Vice Chancellor on 10.8.2017 and that final report was made

available for scrutiny and verification.

W.P(C).No.1366/2018 & c/cases 33

5.3. According to the petitioners, the ARC had recommended to promote

several employees even before completion of the one year period of probation and

for further promotions, while excluding several persons for the purpose of

promotion. At that stage, petitioners 1 to 7 in W.P.(C) No.1366 of 2018 approached

this Court filing W.P(c).No.30240/2017, seeking implementation of the

recommendations in Ext.P5 report, when this Court issued time bound direction to

the University to take a final decision in the matter and to effect promotions.

5.4. The Vice Chancellor thereupon referred the matter to the legal advisor

for his opinion and the legal advisor opined that acquisition of test qualification

cannot be insisted for probation or promotion, as no such tests were seen

prescribed and no such provisions for the same were incorporated in the special

rules in the schedule to the Kerala University First Ordinances, 1978. The Legal

Adviser opined that promotions shall be granted reckoning the date of occurrence

of vacancy as 03.07.2010, so that equal opportunity can be granted to all the

Assistants of 2008 batch. Thereafter, the University issued Ext.P7 order on

03.01.2008 stating that as the last incumbent of the 2008 batch joined service on

03.07.2008, it would be proper to effect promotion by reckoning the date of

occurrence of vacancy as on 03.07.2010, granting promotions to the post of Senior

Gr.Assistants from 03.07.2010 onwards and to the post of Selection Grade

Assistants from 03.07.2011 onwards. In the meanwhile, the petitioners in

W.P(c).No.30240/2017 along with another filed W.P(C).No.1366 of 2018, seeking

implementation of Ext.P5 report of the ARC and challenging any further action

W.P(C).No.1366/2018 & c/cases 34

based on the legal opinion. This Court had passed an interim order staying all

further promotions based on Ext.P7 proceedings.

5.5. Whileso the University issued Ext.P8 circular on 13.03.2018, stating

that a new committee was constituted to examine the complaints received against

the promotions ordered in Ext.P7 order, with reference to the service book, the

date of passing departmental tests, the date of eligibility for promotion, etc. and

that committee has prepared a list of Assistants to be promoted as Senior Grade

and Selection Grade Assistants and also as Section Officers. All those who were

promoted/reverted as per Ext.P7 order were directed to examine the list which was

kept in the section and to file objections, if any, along with supporting documents,

on or before 19.03.2018. As per the list annexed to the circular it was proposed to

lower down the seniority of petitioners 1 and 2 in the post of Section Officers and

to revert petitioners 3 to 6 from the post of Section Officers to that of Selection

Grade Assistants.

5.6. Pointing out that the new ARC was constituted when the new Vice

Chancellor took charge when the previous Vice Chancellor had already settled the

matter, the petitioners approached this Court filing this Writ Petition at that stage

challenging Ext.P8 circular dated 13.03.2018.

5.7. On 27.03.2018, this Court passed an interim order directing that

finalisation of the proceedings based on Ext.P8 circular shall be made only after

obtaining permission of this Court, while permitting the proceedings to go on.

Thereafter, the ARC submitted its report and the matter was placed before the

W.P(C).No.1366/2018 & c/cases 35

Standing Committee of the Syndicate on staff and Equipment and the Standing

Committee recommended to accept the report. The Syndicate, in its meeting held

on 10.05.2018 considered the matter and resolved to accept the recommendation,

as per Ext.P11 minutes. Pursuant to the report of the new ARC and the decision of

the syndicate, the University issued Ext.P12 list of employees proposed to be

promoted.

5.8. According to the petitioners, Ext.P12 list of promotees is issued in

violation of the interim order passed by this Court on 27.03.2018. The petitioners

thereupon got the Writ Petition amended incorporating the challenge against

Exts.P10 to P12. They are challenging Ext.P8 circular and Exts.P10 to P12

proceedings. According to the petitioners, Ext.P8 circular is issued in order to

over-reach the direction in Ext.P6 judgment.

5.9. According to the petitioners, Ext.P7 proceedings have become final

and constitution of another ARC was unnecessary; the resolution of the syndicate

referred to in Ext.P10 report of the ARC, that the Government order dated

14.01.1963, prescribing Manual of Office Procedure and account test lower for

promotion to higher post, was made applicable, cannot have any relevance once

the
Kerala University Act, 1974
was enacted repealing the earlier Act. After the

Kerala University First Statutes, 1977 and the Kerala University First Ordinances,

1978 were promulgated prescribing the service conditions of the employees of the

University, the resolution of the syndicate adopting the Government order would

not have any effect, as there are specific provisions relating to the qualification,

W.P(C).No.1366/2018 & c/cases 36

method of appointment, etc. of the Assistants in the Statutes as well as Ordinance.

It is also their case that even the decision of the syndicate dated 30.03.1963 never

formed part of the order. The petitioners are therefore challenging the Ext.P8

circular and Exts.P10 to P12 proceedings.

6. W.P.(C) No. 4755/2019

6.1. Respondents 7, 8, 12, 15, 16, 17, 21, 23, 28 and 33 in W.P.C).No.1366

of 2018 are the petitioners. Petitioners, who are 10 in number, were working as

Section Officers. In Ext.P1 gradation list they were ranked as Sl.Nos.36, 41, 58,

64, 77, 95, 117, 125, 142 and 152 respectively. In Ext.P2 final gradation list also

their rank continued to be the same. Petitioners 1 to 6 were promoted as Section

Officers and 7 to 10 were promoted as Selection Grade Assistants as per Ext.P3

order dated 23.02.2017. They were subsequently promoted as Section Officers; all

of them completed their probation within a period of one year of their joining duty;

all of them passed the departmental tests namely, Account test (lower/higher) and

Secretariat Manual within a period of two years, though there is no requirement for

the same for promotion. According to them, the promotions are to be made in

accordance with seniority irrespective of the date of passing the departmental tests.

7. W.P.(C) No. 6297 of 2019

7.1. Petitioners are respondents 7, 8, 12, 15, 16, 17, 21, 23, 28 and 33 in

W.P.(C) No.1366 of 2018. They are assigned ranks between 14 and 85 in the

gradation list. Petitioners 9 and 10 were promoted as Section Officers as per order

dated 16.08.2017. Their claim is that promotion granted on the basis of seniority is

W.P(C).No.1366/2018 & c/cases 37

not liable to be varied on the basis of date of acquisition of test qualification. As in

the case of petitioners in W.P.(C) No.9290/2018 and W.P.(C) No. 4755/2019, the

contention of the petitioners herein is also more or less similar. All of them submit

that the seniority assigned to them in the final gradation list was never under

challenge. According to them, passing the departmental test is not necessary for

promotion from the post of Assistants, as there is no ordinance by which syndicate

prescribed any test qualification and therefore they are entitled to be promoted on

the basis of the seniority assigned in the final gradation list. Relying on the

judgment in W.A.No.989/2008, they have stated even a resolution passed by the

syndicate will not substitute the requirement of an ordinance for prescription of the

departmental test. According to them, the decision taken by the syndicate on

11.07.2018 and the order passed by the University on 16.08.2018 to promote the

Assistants as Senior Grade Assistants on the basis of the date of acquiring test

qualification, are illegal. By those orders 162 Assistants were promoted as Senior

Grade Assistants with effect from dates falling between 10.07.2009 and

20.08.2016. It is also their case that those promotions have been effected unsettling

their settled seniority. According to them, the Government Order or general rules

cannot be made applicable to the employees of the University as the service

conditions are governed by independent statutes. All of them support the opinion

tendered by Legal Adviser of the University and support the promotions granted as

per order dated 03.01.2018 and challenge the constitution of a new ARC thereafter

and the action taken based on the recommendations therein, to grant promotions

W.P(C).No.1366/2018 & c/cases 38

based on the date of acquiring of test qualification.

7.2. The additional respondents who got impleaded in the aforesaid Writ

Petitions have filed counter affidavits. Some of them have filed separate Writ

Petitions also. According to them, it is necessary to have the test qualification. It is

their contention that none of the petitioners had raised any contention that test

qualification is not required in any of the representations or objections and it is for

the first time that they raised such contention before this Court.

8. Counter Affidavit by the University:

8.1. In the counter affidavit filed in W.P(C).No.9290/2018 and 4755/2019,

the University has stated the following: In the provisional gradation list as on

01.07.2013, published and circulated on 01.10.2013, those Assistants who joined

in 2008 were included at sl.no.26 to 203 among the Assistants. Since all of them

were continuing in the entry cadre because of the interim order in

W.P(C).No.37082/2007, they were included on the basis of advice seniority with a

rider that their appointment and seniority would be subject to the final disposal of

W.P(C).No.37082/2007. Ext.P2 final gradation list was also published with the

very same rider, in accordance with the same status as on 01.07.2013, when the

Writ Petition was pending, after considering the complaints received and effecting

corrections, but without considering whether they passed the departmental test or

not. As per order dated 23.02.2017 promotions were granted to those whose

probation was declared and had passed the departmental tests.

8.2. In view of the large number of complaints received against those

W.P(C).No.1366/2018 & c/cases 39

promotions, the Vice Chancellor ordered that a committee be constituted to look

into the complaints. That committee submitted its first report on 17.05.2017.

On directions of the Vice Chancellor to call for objections on it and to examine the

same with reference to connected files, the ARC again examined the same and

submitted another report on 28.06.2017. It is stated that the report was found to

be vague; the objections against it and recommendations on it were not seen listed

out or examined in the light of relevant rules, specific recommendations for

clearing objections submitted and available records. The committee was again

directed to submit a comprehensive report with specific recommendations for

rectifying the anomalies, after considering all those objections, after verification of

relevant records including those, based on which the initial proposal was made for

promotion. Thereafter, the ARC submitted its report on 10.08.2017. Objections

were called for on it and after considering the objection received against that

report, the Vice Chancellor again directed the ARC to furnish clarifications on the

objections. The ARC submitted its clarifications and recommended that legal

opinion be obtained on the matter from the Legal Adviser. As the reports submitted

by the ARC on different dates were contradictory and rival claims were made by

the parties, the matter required careful examination; the University thereafter

issued order dated 03.01.2018 in the light of the legal opinion and granted one

month's time to the incumbents to submit their option for fixation; University

examined about 50 complaints received against the order dated 03.01.2018 when it

was found that the ARC had applied different yardsticks on different occasions for

W.P(C).No.1366/2018 & c/cases 40

arriving at its conclusions. In those circumstances, the Vice Chancellor ordered

constitution of a new committee to examine the objections. Thereafter, a new

committee was constituted with senior officials from administration and financial

wings; the new committee was directed to state the eligible date of promotion of

the incumbents to various categories based on the relevant rules and publish a list

after verifying the Service Books and ascertaining the actual date of passing the

departmental tests. As directed, the new committee submitted a list of persons on

13.03.2018.

8.3. In view of the interim order passed in W.P.(C) No. 9290 of 2018 on

27.03.2018, final orders could not be passed pursuant to the report, while

permitting further action on the basis of the report. The committee thereafter

submitted its report on 24.04.2018 and the syndicate considered the same in its

meeting held on 05.05.2018 and resolved to accept the report. It is stated that

promotions are thereafter made after getting permission from this Court.

8.4. The petitioners in W.P(C).No.4755/2019 passed the Account Test only

in January, 2009 and July, 2009. Their probation was declared after they completed

one year's duty and thereafter they passed obligatory departmental test for

probation. Probation of petitioners 1 to 4, 7, 9 and 10 was extended beyond one

year from the date of joining since they had not acquired obligatory departmental

test. They had not challenged the requirement of pass in the departmental tests for

declaration of probation and the preparation of the list. The University had issued

a circular calling for the details regarding the date of passing the test before

W.P(C).No.1366/2018 & c/cases 41

9.6.2009 for publishing the list of Assistants who were qualified for the period

upto and during December, 2008/January, 2009. Thereafter, as per circular

dated.21.12.2010 a list of 152 Assistants was published including only those

Assistants who had cleared the departmental test. At that time, the petitioners did

not challenge the said list.

8.5. Regarding the staff structure of Assistants in the University, the

requirement of test qualification, etc. the version of the University is the following:

As per Kerala University First Ordinances, 1978, there are 4 grades in the cadre of

Assistants : Sl.No.18A - Selection Grade Assistant, Sl.No.19 - Senior Grade

Assistant, Sl.No.20 - Assistant Grade I and Sl.No.21 - Assistant Gr.II. Ratio

between the 4 grades is 1:1:1:1. Promotion to the post of Assistant Grade I is made

from suitable Assistants Grade II on the basis of seniority and merit and pass in the

prescribed tests as technical qualification; the cadre ratio was refixed as 1:1:1 as

per pay revision order 2004 which was implemented by the University as per order

28.6.2006. No amendments were made to the University First Ordinance, 1978 in

tune with the pay revision orders. When the ordinance was amended as per gazette

notification dated 19.04.2013, qualification and method of recruitment against

sl.no.21 - Assistant Gr.II were modified w.e.f 12.4.2013; but when it was approved

by the senate in its meeting held on 21st and 22nd of February, 2017, it was

specified that promotion to the post of Senior Grade Assistant is done from

suitable Assistants on the basis of seniority and merit and pass in the prescribed

tests and qualification; the post of Assistant Gr.I is deleted and Assistant Gr.II is

W.P(C).No.1366/2018 & c/cases 42

renamed as Assistant in the amendment proposal. The University has forwarded

the amendment proposal to the Chancellor on 04.04.2017. As per Statute 10 of

Chapter 4 of Part II of the Kerala University First Statutes, 1977 the University

employees shall be required to pass such departmental tests or examinations within

such period as may be prescribed by the Syndicate within the period of probation.

The syndicate had in its meeting held on 31.05.1963 and 01.06.1993 resolved that

G.O(P) No.22 dated 14.01.1963 ([Ext.R1(a)], would be made applicable to the

University with effect from 14.01.1963. As per this order, for promotion to higher

posts, pass in Secretariat Office Manual Test is required for declaration of

probation and pass in Account Test lower also is required. As per Ext.R1(b)

resolution, the syndicate had resolved to make the said order applicable to the

University employees. It is stated that Ext.R1(b) decision of the syndicate is not

replaced by the statutes ordinances, regulations, rules or bye-laws or orders issued

by the University.

8.6. The syndicate had in its meeting held on 19.02.1966, resolved to give

exemption to the employees who completed 45 years of age on 14.1.1963 from

passing the tests in Secretariat Office Manual Test and Account Test lower. In the

meeting held on 25.2.1967 it was resolved to fix the ratio between Assistant Gr.I

and II as 2:1 and 64 posts of Assistant Gr.II were upgraded as Gr.I post. As per the

transitory provisions of
Chapter IX of the Kerala University Act, 1974
, the

Statutes, Ordinances, Regulations, Rules, Orders and Bye-laws in force

immediately before the commencement of the Act shall continue to be in force so

W.P(C).No.1366/2018 & c/cases 43

far as they are not inconsistent with the provisions of the Act until they are

replaced by the Statutes, Ordinances, Regulations, Rules, Bye-laws or orders

framed under the Act. Annex.R1(b) resolution of the syndicate prescribes the

departmental test and the same is not replaced by the Statutes, Ordinances,

Regulations, Rules, bye-laws or orders till date. The syndicate had in its meeting

held on 1.12.1984 resolved to implement G.O(P).No.309/84 dated.31.08.1984 in

the University, by which persons who attained the age of 50 years on or after

25.08.1981 are eligible for permanent exemption from passing the obligatory

departmental tests for all purposes such as promotion, appointment of full member

of service etc. irrespective of their total period of service.

8.7. It is stated that the consistent stand taken by the University is that pass

in the departmental test is necessary for promotion of Assistant Grade II to Grade I

and eligibility for such promotion has to be determined with reference to the dates

of occurrence of the vacancies. This stand is reflected from O.P.No.4643/2003

wherein this Court recorded the submission made by the University that a pass in

the departmental test is an essential qualification for promotion as Assistant Gr.I.

9. Counter Affidavit by Additional 3rd respondent in W.P.(C) No.

4755/2019:

9.1. The party respondents in W.P.(C).Nos.9290/2018 and 4755 of 2019

have filed counter affidavits. It is stated that the gradation list was finalised

without taking into account the final disposal of W.P.(C) No.37082/2007. There is

nothing in the gradation list to show the declaration of probation, confirmation of

W.P(C).No.1366/2018 & c/cases 44

service or eligibility for promotion; the incumbents were placed in the order of

date of entry in service. Immediately after the disposal of the Writ Petitions

challenging the 2008 selection, the University issued orders granting promotion in

accordance with the date of completion of probation in the entry cadre and date of

passing the mandatory departmental tests. But further promotion to the posts of

Assistant Selection Grade and Section Officer was effected in total disregard of

rules and seniority. On the basis of representations submitted by additional

respondents and others, an anomaly rectification committee was constituted and

even after reports were submitted on 10.08.17 and 04.11.2017, the matter was

being dragged despite the direction of this Court in the judgment in

W.P(c).No.30240/2017 to final decision and to effect promotions without any

delay. Thereafter, they sought legal opinion and orders were issued based on

opinion tendered in disregard of the decision taken by the syndicate in the year

1963 to adopt the Government order, which prescribed the test qualifications.

Persons like the additional 3rd respondent have therefore filed W.P.(C) No.1366 of

2018 and 5741/2018 for implementation of the report instead of proceeding on the

basis of the legal opinion. They have also pointed out that those who claim

promotions without test qualification had approached the University pointing out

the date on which they passed the test and they never raised a claim that pass in

departmental test is not necessary. It is stated that under
Section 82(3)
of the

Kerala University Act, 1974, the statutes, ordinances, regulations, rules, bye-laws

and orders in force immediately before the commencement of the Act shall

W.P(C).No.1366/2018 & c/cases 45

continue to be in force in so far as they are not inconsistent with the provisions of

the Act, until they are replaced by the statutes, ordinances, regulations, rules, bye-

laws or orders framed under the Act; the decision of the syndicate adopting the

Government order prescribing the test qualification is not replaced by any statute,

ordinance, rule, regulation, bye-laws or order and the said prescription is not

inconsistent with any of the provisions in the
University Act, 1974
and the same

continues to be in force even now. They have produced Ext.R3(c) representation

dated 26.05.2014 submitted before the Vice Chancellor by those who object to the

requirement of test qualification, stating that they have passed the required tests

and acquired qualifications for promotion as Senior Assistant. It is stated that all of

them were very well aware of the requirement. Petitioners 1, 5 and 7 to 9 in W.P

(c).No.4755 of 2019 are signatories to Ext.R3(c) representation. It is also stated

that 2 of them had approached this Court filing W.P(c).No.10644/2015 seeking

directions to the University to grant them promotions provisionally and subject to

disposal of W.P(c).No.37082/2007, when they did not have any such claim and

University has also been insisting test qualification as a condition for declaring

probation as well as promotion.

10. Counter Affidavit filed by additional respondents 8 and 9 in W.P.

(C) No. 9209 of 2018:

10.1. When the University was governed by the Kerala University Act,

1957, qualification of non-teaching staff was fixed in Chapter LVIII of Part III of

University Employees (Other than Teachers) Service Condition Ordinance issued

W.P(C).No.1366/2018 & c/cases 46

under Act 14/57, Clause 14 thereof provided that University employees will be

required to pass such departmental tests as may be prescribed by the Syndicate. On

31.5.1963/01.06.1963, the Syndicate, as per decision No.139 resolved to follow

the Government order dated 14.01.1963, according to which, the pass in Account

Test (Lower) would be a mandatory qualification for Lower Division Clerk post

and pass in Secretariat Office Manual Test would be made mandatory for

declaration of probation in LDC. On 25.02.1967, the syndicate resolved to

promote only those Assistant Gr.II who have passed the required departmental test.

As per Section 75(2) of Chapter IX of Kerala University Act, 1969 all Statute,

Rules, Ordinance and Bye-laws which were in force immediately before the

commencement of that Act, in so far as they are not inconsistent with the

provisions of this Act, would continue to be in force until they are replaced by the

Statutes, Ordinances, Rules or Bye-laws framed under that Act. As per the

schedule attached to Chapter XIV of the Kerala University First Ordinance 1972

which deals with scale of pay, qualification etc. of various posts in the University,

pass in the prescribed test was stipulated as the technical qualification for

promotion to the post of Assistant Gr.I from among suitable Assistant Gr.II on the

basis of seniority and merit. Section 82(3) of Chapter IX of Kerala University Act,

1974 is similar to
Section 75(2)
of the Kerala University Act, 1969. As per Statute

2 of Chapter 4 of the Kerala University First Statute, 1977, the provisions of

KS&SSR 1958, as amended from time to time, shall apply to the University

employees. As per Statute 10, the University employees are required to pass such

W.P(C).No.1366/2018 & c/cases 47

departmental tests or examinations within such period as may be prescribed by the

Syndicate within the period of probation. Under the provisions in the schedule to

Kerala University First Ordinance 1978, pass in the prescribed test is mandatory

for promotion of Assistant Gr.II as Assistant Gr.I. The syndicate in its meeting held

on 01.12.1984 resolved to implement the amendment of KS&SSR effected as per

G.O.(P)No.309/84, GAD dated 31.08.1984, according to which, a person who

attained the age of 50 years on or after 25.08.1981 is eligible for permanent

exemption from passing obligatory departmental test for all purposes. In the

amendment proposal approved by the Senate of the University in the meeting held

on 21.02.2017 it is stated that promotion to the post of Senior Grade Assistant is

made from suitable Assistants on the basis of seniority and merit and pass in the

prescribed test as technical qualification. In that meeting, Assistant Gr.II was

redesignated as Assistant, while deleting the post of Assistant Gr.I. It is stated that

in reply to the query made in the Legislative Assembly interpellation on

30.01.2018, the answer of the University was that pass in Secretariat Office

manual Test is necessary for declaration of probation and pass in Account Test

(Lower) is necessary for promotion. It is also stated that in the judgment dated

04.04.2007 in WP(C) No.1544/2007 when the question relating to promotion to

the post of Assistant Gr.I came up for consideration, it was held that promotion to

the post of Assistant Gr.I from Gr.II could be granted to those who are test

qualified and their eligibility for such promotion has to be determined with

reference to the date of occurrence of vacancies.

W.P(C).No.1366/2018 & c/cases 48

11. Similar contentions were raised by all the Assistants who passed the

test qualification at the earliest point of time.

12. W.P(c).No.4267/2020

12.1. The petitioner claims promotion on the ground that he completed

probation on 25.05.2019. It is stated that he has submitted a representation

requesting for promotion as Section Officer, pointing out the date of completion of

probation on 25.05.2009. It is stated that he got relieved from the University and

joined KSFE on 05.10.2016. Thereafter, on the basis of his request, he was

permitted to rejoin duty in the University on 23.06.2018. He was promoted as

Sr.Gr. and Sel.Grade Assistant as per order dt.30.11.2018 (Ext.P7). His case is that

he passed the Account Test and Secretariat Office Manual Test in January, 2009

itself.

13. Heard learned Senior Counsel Sri Jaju Babu, M/s S.P.Aravindakshan

Pillai, Sri P.C.Sasidharan, learned Counsel appearing for the petitioners in W.P.(C)

9290/2018, 4755/2019, 6297/2019 respectively, who claim that test qualification is

not necessary; M/s V.P.Seemanthini and P.Ravindran, the learned Senior Counsel

and M/s Nandakumar, M.Sreekumar, who appear for the parties who claim that

test qualification is necessary/for the petitioners in W.P.(C) No.1366 of 2018 and

5731 of 2018, Sri Thomas Abraham the learned Standing Counsel for the

University and all other learned Counsel who appeared for the parties.

14. On consideration of the rival contentions advanced on both sides

especially as to requirement of test qualification it is necessary to examine the

W.P(C).No.1366/2018 & c/cases 49

relevant provisions in the University Act, Statute, ordinances, etc. of the Kerala

University.

Ordinance 3 of Chapter XVII of the Kerala University First Ordinance 1978,
which deals with the qualification and method of appointment of non-teaching
staff reads as follows:

"3. Scale of pay, age, etc for non-teaching posts:

The scale of pay, age limit, minimum qualifications and method of
recruitment to the posts specified in column (1) of the schedule
given hereunder shall be as prescribed in the corresponding entries
in columns 3, 4,5,6 and 7 respectively thereof.
Xxxx"

The relevant portion of the schedule annexed to the Ordinance 1978 reads as
follows:

Scale
sl.

Designation of age qualifications Method of recruitment
no
pay
1 2 3 4 general(5) Technical(6) 7

Assistant By promotion of suitable
285-
20 Grade I Assistant Gr II on the basis
550 Pass in
(Common) of seniority and merit
prescribed test
University degree
(Age and
qualification are
relaxable in the case
of class IV
**By recruitment on the
employees who were
basis of competitive test
in the University
and or interview by
service immediately
Assistant inviting applications by
before 1.1.1989 to
Grade II Not advertisement in the press
whom promotion
including 240- more Good (Store keepers must furnish
21 will be given on
Store 445 than 30 handwriting security as may be
completion of 7
Keeper years prescribed)
years of service of
(common) By promotion from the
which 5 years shall
post of Clerical Assistants
be as qualified
on the basis of a suitability
clerical Assistant
test
subject to the
conditions as may be
prescribed) *SSLC
and equivalent
qualification

W.P(C).No.1366/2018 & c/cases 50

Statutes 2, 9 and 10 of Chapter 4 of Kerala University First Statutes, 1977 relating

to applicability of KSR, probation, test qualification, etc. of non-teaching staff read

as follows:

Statute 2. Applicability of Kerala Service rules, etc, to the non-teaching staff:-

Subject to the provisions of the Act and the Statutes issued thereunder, the Kerala

State and Subordinate Service Rules, 1958, the Kerala Service Rules, 1959 and the

Government Servants Conduct Rules, 1960 as amended from time to time in so far

as may be applicable and except to the extent expressly provided for in these

statutes shall apply in the matter of all the service conditions of the University

employees in the University service:

xxxxx

Statute 9(1):- Probation and confirmation of non-teaching staff:- (1) Every person

appointed to class, I, II and III post shall, from the date on which he joins duty by

on probation for a period of one year within a continuous period of two years:

`Provided that where there are more than one grade to the same category and

duties and responsibilities attached to the various grades are one and the same

and appointment to the higher grades are made by promotion from the lower

grades, then probation shall be insisted only in the lowest grade to such category.'

xxxxxxx

Statute 10: Passing of examination or test:- The University employees shall be

required to pass such departmental tests or examinations within such period as

may be prescribed by the Syndicate within the period of probation."

The Meaning of 'prescribed' as provided in
Section 2(14)
of the Kerala University

Act, 1974 read as follows:

"
Section 2(14)
: "prescribed" means prescribed by this Act, or the Statutes,

Ordinances, Regulations, rules or bye-laws made thereunder.

Therefore, as per ordinance 3 of Chapter XVII of the First Ordinance 1978 read

W.P(C).No.1366/2018 & c/cases 51

with the provisions in the schedule, an Assistant Gr.II has to pass the prescribed

test, for being qualified for promotion as Assistant Gr I. Under Statute 10, they

have to pass the test prescribed by the syndicate. Going by the definition of

"prescribed" under
Section 2(14)
, such prescription of test can only be, by way of

Act, statute, ordinance, regulation, rule or byelaw. The manner in which service

conditions of non-teaching staff can be fixed, the manner in which ordinance can

be made, etc. are given in
Sections 36
,
and
of the Act, which read as follows:

"36. Ordinances:- Subject to the provisions of this Act and the Statutes, the

Syndicate shall have power to make Ordinances providing for all or any of the

following matters, namely:-

xxxx

(d) the fixation of the scales of pay of various posts in the University and the

terms and conditions of service of officers of the University; and

37. Procedure for making ordinances:- (1) All Ordinances made under this Act

shall have effect from such date as the Syndicate may direct, but every

Ordinance so made and the repeal of any Ordinance shall be laid before the

Senate during its next succeeding meeting.

(2) If any Ordinance or repeal of an Ordinance is not laid before the Senate as

required by sub-section (1), the Ordinance shall lapse or, as the case may be,

the Ordinance repealed shall revived, after the next succeeding meeting of the

Senate.

(3) Subject to the provisions of sub-sections(1) and (2), the procedure to be

followed in making, amending or repealing Ordinances shall be prescribed by

the Statutes.

(4) No Ordinance involving expenditure shall be valid or come into force until

W.P(C).No.1366/2018 & c/cases 52

assented to by the Chancellor.

41. Publication in the Gazette:- All Statutes, Ordinances and Regulations made

under this Act shall be published in the Gazette."

15. From the counter affidavits it is seen that on 3.05/01.06.1963 the

Syndicate had taken Ext.R3(b) decision no.139 that G.O.(P) 22 dated 14.1.1963

[produced as Ext.R3(a) along with I.A.No.1/2019 by additional 3 rd respondent in

W.P.(C) No.9290/2018] shall be made applicable to the University with effect from

14.01.1963. The minutes of that was confirmed in the meeting held on 1963. The

order dated 14.01.1963 provides that LD clerks have to pass account test (lower)

and Secretariat Office Manual test during their probation and promotion. It is seen

that when the syndicate took the decision on 31.05/01/06/1963, the Kerala

University Act, 1957 was in force. Clause 14 of Chapter LVIII of the Ordinances

University of Kerala Ordinances framed under
Section 26
of the 1957 Act read as

follows:

" 14.Tests or examinations:

University employees would be required to pass such departmental account and other

tests or examinations as may be prescribed by the syndicate. The syndicate may also lay

down the rules regarding the periods within which the tests should be passed, the

consequences of not passing the tests and other cognate matters."

It is also seen that the University had issued an order dated 09.01.1967 fixing a

ratio of 2:1 between 1st and 2nd Grade Assistants. In this order it was also ordered

as follows:

" The promotions of Assistants Grade II to Grade I will be subject to the conditions

stipulated in the last para of the University order cited above, viz, they will be exempted

W.P(C).No.1366/2018 & c/cases 53

from test qualifications required under the rules for a period of one year or till after two

examinations are over and their results published whichever is later: increments being

sanctioned only after they have passed the tests. Employees thus promoted would be

reverted if they do not pass the tests within the period of exemption and the service put in

as first grade Assistants till the date of reversion will not be counted for seniority or

promotion thereafter."

From this order dated 09.01.1967, it is clear that for the purpose of promotion a

test was to be passed and failure to pass the test will result in reversion. The order

referred to in that order is U.O.No. Ad.A5-77/66 dated 09.01.1967. The minutes of

the meeting of the syndicate held on 25.02.1967 would show that while according

sanction to fix the ratio of 2:1 between Grade I and II of Assistants with effect

from 01.08.1966 it was also resolved to promote the incumbents giving exemption

for one year or till they get two chances to appear in the examination and also to

revert them in the event of failure to pass the test within the said period. The

University issued the order dated 09.01.1967, incorporating those decisions. The

said minutes would also show that promotion to the vacancies of 1 st grade

Assistants shall be granted only to those who passed the required departmental

test. But it is also relevant to note that there was no order passed by the University

in tune with the decision taken by the syndicate on 31.05/01.06.1963, referring to

the test qualifications required. It is also seen that the 1957 Act was repealed and

in its place the
Kerala University Act, 1969
, came into force on 28.02.1969.

Section 75(2)
of the Act read as follows:

" (2) The Statutes, Ordinances, Rules and Byelaws in force immediately before the
commencement of this Act shall in so far as they are not inconsistent with the

W.P(C).No.1366/2018 & c/cases 54

provisions of the Act, continue to be in force until they are replaced by the Statutes,
Ordinances, Rules or Byelaws framed under this Act."

The Kerala University First Ordinances, 1972 was framed under
Section 76
of the

1969 Act. Clause 3 thereof which provided for repeal read as follows:

"76(3). Repeal. (1) The ordinances made under the Kerala University Act, 1957(14 of

1957) in so far as matters for which provisions has been made in these ordinances shall

stand repealed;

Provided that any order made or action taken under the Ordinances so repealed shall

be deemed to have been made or issued under the corresponding provisions of these

ordinances.

Provisions in the ordinances made under the Kerala University Act, 1957(14 of

1957) which are not repealed by these Ordinances or by the Kerala University First

Statutes, 1972 shall stand abrogated when Regulations are framed under
Section 34
of

the Act.

In the schedule to the Kerala University First Ordinance 1972, the post of Assistant

Gr.I is at sl. no.13 and Assistant Grade II at sl.no 14. The method of appointment

to the post of Assistant Grade I , as given in the schedule was:

"by promotion of suitable Assistant gr II on the basis of seniority and merit) . Qualification

is "pass in prescribed test."

Kerala University Act, 1974
(Act 17 of 1974) came into force thereafter on

27.07.1974 and the 1969 Act was repealed.
Section 82
which relates to transitory

provisions, provides in Subsection 3 as follows:

82(3). The Statutes, Ordinances, Regulations, Rules, Byelaws and Orders in force

immediately before the commencement of this Act shall in so far as they are not

inconsistent with the provisions of the Act, continue to be in force until they are replaced

by the Statutes, Ordinances, Regulations, Rules, Byelaws or Orders framed under this

Act."

W.P(C).No.1366/2018 & c/cases 55

The question to be considered is whether that decision of syndicate in its meeting

held on 31.05/01.06.1963 or the University order of 09.01.1967 or the order of

01.08.1966 referred to therein would continue to be in force even after the repeal

of several enactments after effectuation of
Kerala University Act, 1974
and the

statutes and ordinances made thereunder. The decision as well as the University

Order was taken/issued at a time when the 1957 Act was in force. When the 1969

Act was enacted,
Section 75
had only provided for the continuance of ordinances,

statutes, ordinances, rules and bye-laws in force. There is no provision which

provides for enforcement of a decision of the syndicate even after repeal of the

Act. Though the 1974 Act provides for continuance of orders also, such a

provision is not seen either in 1969 or 1972 Act. The meaning of "prescribed"

continues to be the same in all the Acts. Moreover, going by
Section 14
, the

syndicate can prescribe a test only by way of Act, statute, ordinance, regulation,

rule or bye-law. There is no provision in the Act, Statute, ordinance, regulation or

bye-law which provides for the test qualifications which the Assistants have to

pass for probation or for promotion. Under Statute 2, which provisions in

KS&SSR are applicable only to the extent it is not provided in the Statutes. When

statute 10 provides that test qualified hands shall be promoted, it is for the

syndicate to prescribe which are the tests to be passed and also the duration within

which it should be passed, the provisions in KS&SSR would not apply.

16. In this context the judgment dated 27.08.2008 of this Court in

W.A.No.989/2008 (P.K.Santhamma V Smt. Krishnakumari & others) relied on by

W.P(C).No.1366/2018 & c/cases 56

the employees who claim that test qualification is not necessary, is relevant. The

issue which arose in that case was with respect to the qualification viz National

Apprenticeship certificate in Printing was not incorporated as a qualification

prescribed in the ordinance, for appointment as Foreman. Though it was found that

the Government had issued an order recognising NAC in the relevant trade as

equivalent to KGTE certificate (Higher) in composing, Printing and the syndicate

had taken a decision to that effect, no corresponding amendment was carried out in

the ordinance and even the decision of the syndicate was taken subsequent to the

date of occurrence of vacancy. Referring to the provisions contained in
Section 36

which empowers syndicate to make ordinances relating to fixation of pay as well

as conditions of service of officers of the University, the procedure for making

ordinances under
Section 37
of the Act, the requirement to place it before the

senate in the next meeting and the requirement under
Section 41
of the Act for

publication of such Ordinance in the official gazette, this Court found that no such

ordinance was made/no amendment was brought about to the existing ordinance,

incorporating the qualification in tune with the order issued by Government or the

decision taken by the syndicate. It was also found that there was no provision also

in the ordinance to accept any equivalent qualification. It was found that the

resolution passed by the syndicate was not seen as proposed as Ordinance and it

was not placed before the next meeting; and it was not published in the official

gazette, as required under
Sections 37
and
of the Act. It was held that the

syndicate could not have legislated through an executive order that the order

W.P(C).No.1366/2018 & c/cases 57

issued by the Registrar of the University cannot be treated as an amendment to the

qualification prescribed in the schedule annexed to the Kerala University First

Ordinance, 1978.

17. The contention of the University as well as the employees who passed

the departmental test at the earliest point of time that all the employees before this

Court have acquired the test qualification; they did not raise any objection against

the pass in the tests in any of their earlier representation, etc. and in the cases

which this Court considered, the absence of test qualification was never raised, etc.

cannot be accepted. In any of the cases considered by this Court, a contention as to

the absence of provision in the ordinance or statute regarding test qualification was

not raised or considered. In para.6 of the judgment in O.P. No.4643 of 2003 (S

Muthukrishnan's case), this Court observed that "6. Thus, I have to proceed on the

basis that for promotion to the post of Assistant Gr I, a pass in departmental test is

an essential qualification and only those who have passed the Departmental Test

will be considered for promotion". Seeing that 101 vacancies of Assistant Gr.I

were created on 01.03.1992, this Court held that only those Assistant Gr II who

were test qualified as on 01.03.1992 alone would have been promoted with effect

from that date and seniors who were not test qualified were not entitled to be

promoted against those vacancies when there were qualified juniors. Though the

judgment relates to promotion to the post of Assistant Gr.I, none of the parties

therein had raised any claim regarding the requirement of prescription of test

qualification. Therefore, the said judgment or the judgment dated 06.01.2010 in

W.P(C).No.1366/2018 & c/cases 58

W.A.No.1544 of 2007 dismissing the appeal would not show whether the test

qualification was prescribed or not.

18.
In the judgment in
Vijayakumar S & others v. State of Kerala &

others
: 2018(4)KHC 16, the Division Bench was considering a case where juniors

were assigned seniority over test qualified juniors. There the vacancies of Auditor

Gr.I which arose consequent to restructuring, were filled up by provisional

promotions at a time when nobody with test qualification was available. Seniority

re-arranged thereafter with reference to date of declaration of probation was

upheld, repelling the claim under the proviso to Rule 28(a)(i) of KS&SSR,

observing that the same was applicable only in the case of test qualified seniors.

19. Therefore, it is seen that the test qualification is not so far prescribed

by the syndicate in the manner in which it is to be prescribed. It is for the

University to take appropriate action to incorporate the test qualifications as a pre-

condition for probation and promotion, in accordance with law. Though it looks

awkward that the Assistants in the University do not require pass in departmental

tests and it is difficult to accept this factual situation, in the absence of any material

or even any judgment to support, a long standing practice alone which all the

parties accepted all along, this Court is not in a position to conclude that test

qualification need not be prescribed as defined in
Section 2(14)
of the Act.

20. The Writ Petitions are ordered as follows:

It is declared that there is no provision in the University Act, Statutes or

Ordinances governing the Assistants/Assistant Gr.II working in the Kerala

W.P(C).No.1366/2018 & c/cases 59

University which prescribes test qualification either for probation or promotion to

higher posts. The University shall take further action accordingly. All proceedings

granting promotion with reference to the date of acquisition of test qualification

shall be revised and promotions shall be granted on the basis of seniority. Entire

process shall be completed within a period of two months from the date of receipt

of a copy of the judgment.

Sd/-

(P.V.ASHA, JUDGE)

rtr/

W.P(C).No.1366/2018 & c/cases 60

APPENDIX OF WP(C) 1366/2018
PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER DATED 23.02.2017 ISSUED
BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF ORDER DATED 16.08.2017 ISSUED
BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE LIST OF ASSISTANTS
ELIGIBLE FOR PROMOTION IN JUNE 2009.

EXHIBIT P4 TRUE COPY OF THE LIST OF ASSISTANTS WHO
PASSED THE DEPARTMENTAL TEST AFTER JUNE
2009.

EXHIBIT P5 TRUE COPY OF THE REPORT OF THE ANOMALY
RECTIFICATION COMMITTEE DATED 17.05.2017.

EXHIBIT P6 TRUE COPY OF THE REPORT OF THE ANOMALY
RECTIFICATION COMMITTEE DATED 10.08.2017.

EXHIBIT P7 TRUE COPY OF JUDGMENT IN W.P.(C) NO.30240
OF 2017 DATED 13.10.2017.

EXHIBIT P8 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 03.01.2018.

RESPONDENTS' EXHIBITS

EXT.R1(a) TRUE COPY OF THE GOVERNMENT ORDER NUMBERED
AS G.O(P).NO.22 DATED 14.1.1963.

EXT.R1(b) TRUE COPY OF THE MINUTES OF THE MEETING OF
THE SYNDICATE HELD ON 31.5.1963 &
01.06.1963.

EXT.R1(c) TRUE COPY OF THE REPORT PREPARED BY THE
COMMITTEE AFTER VERIFYING THE SERVICE BOOKS
OF EMPLOYEES CONCERNED AND OTHER RELEVANT
RECORDS.

EXT.R1(d) TRUE COPY OF THE LIST OF EMPLOYEES TO BE
PROMOTED TO HIGHER POSTS, I.E ASSISTANT
SENIOR GRADE, ASSISTANT SELECTION GRADE AND
SECTION OFFICER IN ACCORDANCE WITH THE
REPORT OF THE ANOMALY RECTIFICATION
COMMITTEE.

W.P(C).No.1366/2018 & c/cases 61

APPENDIX OF WP(C) 5731/2018
PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO. AD. AI.2/6765/17
DATED 23.2.2017 ISSUED BY THE 1ST
RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 17.5.2017
(WRONGLY SHOWN AS 17.10.17 IN THE COVER
PAGE.

EXHIBIT P3 TRUE COPY OF FINAL (CONSOLIDATED) REPORT OF
ANOMALY RECTIFICATION COMMITTEE DATED
10.8.2017.

EXHIBIT P3(a) TRUE COPY OF THE ADDITIONAL REPORT OF
ANOMALY RECTIFICATION COMMITTEE DATED
4.11.2017.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.AD. AI.
1.7401/2017.1 DATED 16.8.2017 ISSUED BY THE
1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP(C) NO.30240/17 DATED
13.10.2017.

EXHIBIT P6 TRUE COPY OF NO. AD. AI.2/6765/18 DATED
3.1.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LEGAL ADVICE GIVEN BY THE
STANDING COUNSEL DATED 27.12.2017.

EXHIBIT P8 TRUE COPY OF G.0. (P) NO. 22 DATED
14.1.1963 ISSUED BY THE GOVERNMENT.

EXHIBIT P9 TRUE COPY OF THE RELEVANT PORTION OF
MINUTES OF SYNDICATE MEETING DATED
31.5.1963.

RESPONDENTS' EXHIBITS:

EXT.R1(a) TRUE COPY OF THE GOVERNMENT ORDER NUMBERED
AS G.O(P).NO.22 DATED 14.1.1963.

EXT.R1(b) TRUE COPY OF THE MINUTES OF THE MEETING OF
THE SYNDICATE HELD ON 31.5.1963 &
01.06.1963.

EXT.R1(c) TRUE COPY OF THE REPORT PREPARED BY THE

W.P(C).No.1366/2018 & c/cases 62

COMMITTEE AFTER VERIFYING THE SERVICE BOOKS
OF EMPLOYEES CONCERNED AND OTHER RELEVANT
RECORDS.

EXT.R1(d) TRUE COPY OF THE LIST OF EMPLOYEES TO BE
PROMOTED TO HIGHER POSTS, I.E ASSISTANT
SENIOR GRADE, ASSISTANT SELECTION GRADE AND
SECTION OFFICER IN ACCORDANCE WITH THE
REPORT OF THE ANOMALY RECTIFICATION
COMMITTEE.

W.P(C).No.1366/2018 & c/cases 63

APPENDIX OF WP(C) 8866/2018

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPROVED SENIORITY LIST OF
THE NON-TEACHING STAFF OF KERALA UNIVESITY.
RESPONDENTS' EXHIBITS

EXT.R1(a) TRUE COPY OF THE GOVERNMENT ORDER NUMBERED
AS G.O(P).NO.22 DATED 14.1.1963.

EXT.R1(b) TRUE COPY RELEVANT OF THE MINUTES OF THE
MEETING OF THE SYNDICATE HELD ON 31.5.1963
& 01.06.1963.

EXT.R1(c) TRUE COPY OF THE REPORT PREPARED BY THE
COMMITTEE AFTER VERIFYING THE SERVICE BOOKS
OF EMPLOYEES CONCERNED AND OTHER RELEVANT
RECORDS.

EXT.R1(d) TRUE COPY OF THE LIST OF EMPLOYEES TO BE
PROMOTED TO HIGHER POSTS, I.E ASSISTANT
SENIOR GRADE, ASSISTANT SELECTION GRADE AND
SECTION OFFICER IN ACCORDANCE WITH THE
REPORT OF THE ANOMALY RECTIFICATION
COMMITTEE.

W.P(C).No.1366/2018 & c/cases 64

APPENDIX OF WP(C) 9290/2018
PETITIONER'S EXHIBITS:

EXT.P1 TRUE COPY OF THE PROVISIONAL GRADATION LIST CIRCULATED
ON 1.10.13.

EXT.P2 TRUE COPY OF THE FINAL GRADATION LIST DT.23.2.2017.

EXT.P3 TRUE COPY OF THE ORDER NO.AD.AI.2/6765/17 DATED
23.02.2017 ISSUED BY THE 1ST RESPONDENT.

EXT.P4 TRUE COPY OF THE REPORT DATED 17.5.2017 SUBMITTED BY
THE ARC.

EXT.P5 TRUE COPY OF THE FINAL REPORT DT.10.8.2017 SUBMITTED
BY THE ARC.

EXT.P6 TRUE COPY OF THE JUDGMENT DATED 13.10.17 OF THIS
HON'BLE COURT IN WPC.NO.30240/2017.

EXT.P7 TRUE COPY OF THE ORDER NO.AD.AI.2/6765/18 DT.3.1.2018
ISSUED BY THE 1ST RESPONDENT.

EXT.P8 TRUE COPY OF THE CIRCULAR DATED 13.3.18 ISSUED BY THE
1ST RESPONDENT.

EXT.P9 TRUE COPY OF THE MEMO DATED 13.3.2018 ISSUED BY THE
DEPUTY REGISTRAR OF 1ST RESPONDENT UNIVERSITY.

EXT.P10 TRUE COPY OF THE REPORT SUBMITTED BY THE ANOMALY
RECTIFICATION COMMITTEE ON 24.4.2018.

EXT.P11 TRUE COPY OF THE MINUTES OF THE MEETING OF THE

SYNDICATE OF KERALA UNIVERSITY HELD ON 10.5.2018.

EXT.P12 TRUE COPY OF THE LIST OF EMPLOYEES ISSUED BY THE
UNIVERSITY OF KERALA TO BE PROMOTED TO HIGHER POST.

EXT.P13 TRUE COPY OF THE STATEMENT FILED BY THE UNIVERSITY OF
KERALA IN CONTEMPT CASE no.1755/2018 ALONG WITH
ANNEXURE.

RESPONDENTS' EXHIBITS

EXT.R1(a) TRUE COPY OF THE GOVERNMENT ORDER NUMBERED AS
G.O(P).NO.22 DATED 14.1.1963.

EXT.R1(b) TRUE COPY RELEVANT OF THE MINUTES OF THE MEETING OF
THE SYNDICATE HELD ON 31.5.1963 & 01.06.1963.

W.P(C).No.1366/2018 & c/cases 65

EXT.R1(c) TRUE COPY OF THE REPORT PREPARED BY THE COMMITTEE
AFTER VERIFYING THE SERVICE BOOKS OF EMPLOYEES
CONCERNED AND OTHER RELEVANT RECORDS.

EXT.R1(d) TRUE COPY OF THE LIST OF EMPLOYEES TO BE PROMOTED TO
HIGHER POSTS, I.E ASSISTANT SENIOR GRADE, ASSISTANT
SELECTION GRADE AND SECTION OFFICER IN ACCORDANCE WITH
THE REPORT OF THE ANOMALY RECTIFICATION COMMITTEE.

ANNEXURE-A1: TRUE COPY OF REPORT PREPARED BY THE COMMITTEE
CONSTITUTED TO VERIFY THE COMPLAINTS RECEIVED AGAINST
THE ORDER DATED 3.1.2018.

ANNEXURE-A2: TRUE COPY OF THE LIST OF PROMOTEES TO THE POST OF
ASSISTANT (SR.GR.) OF 2008 BATCH AND OTHER ELIGIBLE
ASSISTANTS DURING THE PERIOD FROM 22.05.2009 ONWARDS.

EXT.R4(a) TRUE COPY OF REPRESENTATION DT.26.5.14 SUBMITTED BY
THE ASSISTANTS WORKING IN THE 1ST RESPONDENT INCLUDING
IMPLEADING PETITIONERS BEFORE THE 2ND RESPONDENT.

EXT.R4(b) TRUE COPY OF ADDITIONAL REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 4.11.2017.

EXT.R4(c) TRUE COPY OF LEGAL ADVICE GIVEN BY THE STANDING
COUNSEL DATED 27.12.2017.

EXT.R4(d) TRUE COPY OF GO(P) NO.22 DATED 14.1.63 ISSUED BY
GOVERNMENT.

EXT.R4(e) TRUE COPY OF RELEVANT PORTION OF MINUTES OF SYNDICATE
MEETING DATED 31.5.1963.

W.P(C).No.1366/2018 & c/cases 66

APPENDIX OF WP(C) 4755/2019
PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROVISIONAL GRADATION LIST
OF THE NON-TEACHING STAFF OF THE
UNIVERSITY, INCLUDING ASSISTANTS AS ON
01.07.2013.

EXHIBIT P2 TRUE COPY OF THE FINAL GRADATION LIST OF
THE NON-TEACHING STAFF AS ON 01.07.2013
ALONG WITH CIRCULAR NO.AD.A1.2/702/2013
DATED 23.02.2017.

EXHIBIT P3 TRUE COPY OF THE UNIVERSITY ORDER
NO.Ad.AI.2/6765/17 DATED 23.02.2017.

EXHIBIT P4 TRUE COPY OF THE SENIORITY LIST OF THE 2008
BATCH ASSISTANTS ALONG WITH ARC REPORT.

EXHIBIT P5 TRUE COPY OF THE REPORT SUBMITTED BY THE
ARC ON 10.08.2017.

EXHIBIT P6 TRUE COPY OF THE UNIVERSITY ORDER
NO.AD.AI.2/6765/18 DATED 03.01.2018.

EXHIBIT P7 TRUE COPY OF THE UNIVERSITY CIRCULAR
NO.AD.A1/6765/2018 DATED 13.03.2018.

EXHIBIT P8 TRUE COPY OF THE PRELIMINARY MINUTES OF THE
35TH MEETING OF THE SYNDICATE OF UNIVERSITY
OF KERALA HELD ON 10.05.2018.

EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE
PRELIMINARY MINUTES OF THE 35TH MEETING OF
THE SYNDICATE OF UNIVERSITY OF KERALA HELD
ON 10.05.2018.

RESPONDENTS' EXHIBITS:

EXHIBIT R1 (a) THE TRUE COPY OF THE G.O(P)No.22 DATED
14.01.1963 PRESCRIBING SECRETARIAT OFFICE
MANUAL TEST.

EXHIBIT R1 (b) THE TRUE COPY OF THE RESOLUION OF THE
SYNDICATE AT ITS MEETINGS HELD ON
31.05.1963 AND 01.06.1963.

ANNEXURE-A TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 24.4.2018.

ANNEXURE-B TRUE COPY OF THE LIST OF EMPLOYEES ISSUED

W.P(C).No.1366/2018 & c/cases 67

BY THE UNIVERSITY OF KERALA TO BE PROMOTED
TO HIGHER POST.

ANNEXURE-C TRUE COPY OF GO(P) NO.22 DATED 14.1...63
ISSUED BY THE GOVERNMENT.

ANNEXURE-D TRUE COPY OF RELEVANT PORTION OF MINUTES OF
SYNDICATE MEETING DT.31.5.1963.

ANNEXURE-E TRUE COPY OF REPRESENTATION DT.26.5...14
SUBMITTED BY THE ASSISTANTS WORKING IN THE
11TH RESPONDENT INCLUDING RESPONDENTS 1, 5,
7 TO 9 BEFORE THE 12TH RESPONDENT.

EXHIBIT R3(a) TRUE COPY OF GO(P) NO 22 DATED 14.1.63
ISSUED BY GOVERNMENT.

EXHIBIT R3(b) TRUE COPY OF RELEVANT PORTION OF MINUTES OF
SYNDICATE MEETING DATED 31.5.1963.

EXHIBIT R3(c) TRUE COPY OF REPRESENTATION DATED 26.5.14
SUBMITTED BY THE ASSISTANTS WORKING IN THE
1ST RESPONDENT INCLUDING PETITIONERS 1,5,7
TO 9 BEFORE THE 2ND RESPONDENT.

EXHIBIT R3(d) TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 24.4.2018.

EXHIBIT R3(e) TRUE COPY OF THE LIST OF EMPLOYEES ISSUED
BY THE UNIVERSITY OF KERALA TO BE PROMOTED
TO HIGHER POST.

W.P(C).No.1366/2018 & c/cases 68

APPENDIX OF WP(C) 6297/2019
PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE UNIVERSITY ORDER DATED
23/2/2017.

EXHIBIT P2 TRUE COPY OF THE UNIVERSITY ORDER NO.
AD.AI17401/2017.1 DATED 16/8/2017.

EXHIBIT P3 TRUE COPY OF THE UNIVERSITY ORDER
NO.AD.AI.2/6765/18 DATED 03/01/2018.

EXHIBIT P4 TRUE COPY OF THE PRELIMINARY MINUTES OF THE
SESSION OF THE SYNDICATE HELD ON 11/7/2018.

EXHIBIT P5 TRUE COPY OF THE ORDER
NO.AD.AI.2/6765/2018-I DATED 16/8/2018.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 29/1/2019
IN COC NO.1755/2018.

RESPONDENTS' EXHIBITS:

ANNEXURE-A TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 24.4.2018.

ANNEXURE-B TRUE COPY OF THE LIST OF EMPLOYEES ISSUED
BY THE UNIVERSITY OF KERALA TO BE PROMOTED
TO HIGHER POST.

ANNEXURE-C TRUE COPY OF GO(P) NO.22 DATED 14.1...63
ISSUED BY THE GOVERNMENT.

ANNEXURE-D TRUE COPY OF RELEVANT PORTION OF MINUTES OF
SYNDICATE MEETING DT.31.5.1963.

ANNEXURE-E TRUE COPY OF REPRESENTATION DT.26.5...14
SUBMITTED BY THE ASSISTANTS WORKING IN THE
11TH RESPONDENT INCLUDING RESPONDENTS 1, 5,
7 TO 9 BEFORE THE 12TH RESPONDENT.

ANNEXURE-R1(a) TRUE COPY OF THE REPRESENTATION
DT.26.5.2014.

EXHIBIT R3(a) TRUE COPY OF THE REPORT OF ANOMALY
RECTIFICATION COMMITTEE DATED 24.4.2018.

EXHIBIT R3(b) TRUE COPY OF THE LIST OF EMPLOYEES ISSUED
BY THE UNIVERSITY OF KERALA TO BE PROMOTED
TO HIGHER POST.

W.P(C).No.1366/2018 & c/cases 69

EXHIBIT R3(c) TRUE COPY OF GO(P) NO.22 DATED 14.1.63
ISSUED BY GOVERNMENT.

EXHIBIT R3(d) TRUE COPY OF RELEVANT PORTION OF MINUTES OF
SYNDICATE MEETING DATED 31.5.1963.

EXHIBIT R3(e) TRUE COPY OF REPRESENTATION DATED 26.5.14
SUBMITTED BY THE ASSISTANTS WOKING IN THE
IST REPONDENT INCLUDING PETITIONERS 4,5,9 &
10 BEFORE THE 2ND RESPONDENT.

W.P(C).No.1366/2018 & c/cases 70

APPENDIX OF WP(C) 4267/2020
PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MEMO DATED 23/6/2018
ISSUED BY THE RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 26/7/2018
ISSUED TO THE RESPONDENT BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE MEMO DATED 24/10/2018
ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED
29/1/2019 IN WP(C) 1366/2018 OF THIS
HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 28/9/2018
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.5928/19 DATED 5/4/2019 OF THIS HON'BLE
COURT.

EXHIBIT P7 TRUE COPY OF THE MEMO DATED 30/11/19.