Disposed

Sr.Jessy K P v. State of Kerala

Kerala HC21 Jan 2015WP(C)/2066/2015

Case brief

AI extract

What is this about?

This writ petition concerns an appointment issue where a petitioner was selected as Assistant Professor beyond the mandatory age limit. The Court directed the State to consider the petitioner's representation for age exemption and to hear him. The matter is not fully disposed of here.

What did the court decide?

Direction to the respondent to consider the petitioner's representation for age relaxation within three months after hearing.

Sr.Jessy K P Vs State of Kerala — Education and Admissions | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936

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WP(C).No. 2066 of 2015 (G)

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PETITIONERS:

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1. SR.JESSY K P, AGED 43 YEARS ASSISTANT PROFESSOR (MALAYALAM) MORNING STAR HOME SCIENCE COLLEGE ANGAMALY SOUTH P.O., KERALA 683573

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2. THE MANAGER MORNING STAR HOME SCIENCE COLLEGE ANGAMALY SOUTH P.O., KERALA 683573

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BY ADVS.SRI.ELVIN PETER P.J.

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SRI.T.G.SUNIL (PRANAVAM)

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SRI.K.R.GANESH

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY ITS SECRETARY HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

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R BY GOVERNMENT PLEADER SRI.V.VIJULAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2066 of 2015 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: TRUE COPY OF M.A. DEGREE CERTIFICATE OF THE 1ST PETITIONER ISSUED BY M.G. UNIVERSITY

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EXT.P2: TRUE COPY OF M.PHIL DEGREE CERTIFICATE OF THE 1ST PETITIONER ISSUED BY M.G. UNIVERSITY

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EXT.P3: TRUE COPY OF NOTIFICATION DATED 14.6.2006 ISSUED BY THE UNIVERSITY GRANTS COMMISSION

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EXT.P4: TRUE COPY OF ORDER DATED 22.10.2005 ISSUED BY DEPUTY DIRECTOR OF COLLEGIAE EDUCATION.

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EXT.P5: TRUE COPY OF ORDER DATED 16.10.2006 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIAE EDUCATION.

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EXT.P6: TRUE COPY OF ORDER DATED 14.10.2008 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIAE EDUCATION.

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EXT.P7:TRUE COPY OF PH. D.DEGREE CERTIFICATE OF THE 1ST PETITIONER ISSUED BY SREE SANKARACHARYA UNIVERISTY OF SANKRIT

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EXT.P8: TRUE COPY OF ORDER DATED 14.2.2012 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION

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EXT.P9:TRUE COPY OF ORDER DATED 26.2.2013 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION

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EXT.P10:TRUE COPY OF THE 3RD PAGE OF TH SSLC BOOK OF THE 1ST PETITIONER

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EXT.P11: TRUE COPY OF THE SELECTION COMMITTEE MEETIN G HELD ON 29.1.2013

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EXT.P12:TRUE COPY OF THE SELECTION CMMITTEE MEETING HELD ON 29.1.2013

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EXT.P13:TRUE COPY OF THE ORDER DATED 29.1.2013 ISSUED BY THE 2ND PETITIONER

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EXT.P14:TRUE COPY OF G.O. (M.S.) NO.18/2011 DATED 14.2.2011 ISSUED BY THE RESPONDENT.

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EXT.P15:TRUE COPY OF NOTIFICATION DATED 4.4.2000 ISSUED BY THE UNIVERESITY GRANTS COMMISSION.

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EXT.P16: TRUE COPY OF ORDER DATED 17.9.2014 ISSUED BY M.G. UNIVERSITY

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EXT.P17: TRUE COPY OF NOTIFICATION DATED 13.6.2010 ISSUED BY THE UNIVERSITY GRANTS COMMISSION

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EXT.P18: TRUE COPY OF REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENT DATED 4.12.2014 (WITHOUT ENCLOSURES)

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RESPONDENT(S)' EXHIBITS ----------------------TRUE COPY

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PA TO JUDGE

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SCL.

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A. MUHAMMED MUSTAQUE, J.

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W.P.(C) No. 2066 of 2015

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Dated this the 21st day of January, 2015.

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JUDGMENT

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The first petitioner is the Assistant Professor (Malayalam)

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in Morning Star Home Science College and the second petitioner is the Manager herein. On 1.5.2005, the first petitioner was appointed in a vacancy of Assistant Professor (Malayalam) due to the retirement of one Sunandakutty. During the year 2005, the Government had imposed a ban in filling up vacancies in Aided Colleges. On account of ban, it was only affected as guest lecturers. The petitioners submitted that by virtue of Ext.P3 notification issued by the U.G.C, the first petitioner is fully qualified to be appointed as Lecturer.

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After lifting the ban, the manager invited applications for appointment to the post of the Assistant Professor in the year 2012. Pursuant to the selection conducted by the Selection Committee, the first petitioner was

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W.P.(C) No. 2066 of 2015

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-2-

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appointed as Assistant Professor (Malayalam) by the second petitioner as per order dated 29.1.2013. As on the date of appointment, the petitioner was aged 43 years. The maximum age for the appointment was 40 years. The petitioners submitted that in the light of Ext.P14 order, the first petitioner may be granted exemption for upper age limit. The petitioner therefore filed Ext.P18 representation before the Government.

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In the light of Ext.P14 order, there will be a direction to the respondent to consider Ext.P18 representation submitted by the petitioners within a period of three months, after affording an opportunity of being heard to the first petitioner.

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Sd/- A. MUHAMMED MUSTAQUE JUDGE

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Scl.

Sr.Jessy K P v. State of Kerala

Case brief

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Sr.Jessy K P v. State of Kerala

Case brief

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