Disposed

Dr. M.K.Sreedhar v. State of Kerala

Kerala HC13 Jul 2018WP(C)/23061/2018

Case brief

AI extract

What is this about?

In this PIL, the petitioner challenged benefits conferred on polytechnic faculty with unapproved week-end M.Tech degrees. Noting the Government had constituted a committee to verify allegations, the Court directed the Government to take a final decision on the report within three months, ensuring a hearing is afforded.

What did the court decide?

The Government directed to take a final decision on the committee report within three months from the date of receipt of this judgment, affording a hearing.

Dr. M.K.Sreedhar Vs State of Kerala — Education and Admissions | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE THE ACTING CHIEF JUSTICE MR.HRISHIKESH ROY &

¶4

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

¶5

FRIDAY, THE 13TH DAY OF JULY 2018 / 22ND ASHADHA, 1940

¶6

WP(C).No. 23061 of 2018

¶7

PETITIONER

¶8

DR. M.K.SREEDHAR AMARJIOTHIS, VENGANOOR P.O., THIRUVANANTHAPURAM-695 523

¶9

BY ADVS.SRI.SANTHOSH P.ABRAHAM SRI.RAGHUL SUDHEESH

¶10

RESPONDENTS/RESPONDENTS:

¶11

1. STATE OF KERALA

¶12

REPRESENTED BY ITS CHIEF SECRETARY,

¶13

GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶14

2. HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶15

3. FINANCE DEPARTMENT GOVERNMENT OF KERALA, REP. BY PRINCIPAL SECRETARY TO FINANCE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.

¶16

4. DERECTORATE OF TECHNICAL EDUCATION, REPRESENTED BY DIRECTOR OF TECHNICAL EDUCATION, PADMAVILASOM STREET, FORT P.O.,

¶17

THIRUVANANTHAPURAM-695 023.

¶18

5. VIGILANCE AND ANTI CORRUPTION BUREAU REPRESENTED BY ITS DIRECTOR, PMG, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.

¶19

6. UNION OF INDIA REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER EDUCATION, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SHASTRI BHAVAN, NEW DELHI-110 001.

¶20

7. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY IT CHAIRMAN, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110 070.

¶21

8. UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 034.

¶22

WP(C).No. 23061 of 2018

¶23

¶24

9. APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM-695 016.

¶25

10. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR,

¶26

COCHIN UNIVERSITY P.O., COCHIN-682 022.

¶27

11. MAHATMA GANDHI UNIVERSITY

¶28

REPRESENTED BY ITS REGISTRAR,

¶29

PRIYADARSINI HILLS P.O.,

¶30

KOTTAYAM-686 560.

¶31

12. UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR,

¶32

CALICUT UNIVERSITY P.O., MALAPPURAM-673 635.

¶33

13. KANNUR UNIVERISTY REPRESENTED BY ITS REGISTRAR THAVAKKARA, CIVIL STATION P.O.M, KANNUR-670 002.

¶34

R6-R7 BY ADV. SRI.B.RAMACHANDRAN, CGC R10 BY ADV. SRI.VIPIN D.G., SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY

¶35

R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R BY GOVERNMENT PLEADER R BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY R BY SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY R BY SRI.S.P.ARAVINDAKSHAN PILLAI, SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY

¶36

R BY SRI.S.KRISHNAMOORTHY, SC, KTU R BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY R BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

¶37

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶38

WP(C).No. 23061 of 2018

¶39

¶40

WP(C).No. 23061 of 2018 (S)

¶41

PETITIONER(S)'	APPENDIX EXHIBITS
EXHIBIT P1	TRUE COPY OF G.O(MS) NO.48/92H.EDN DATED 17.03.1992.
EXHIBIT P2	TRUE COPY OF AICTE (PAY SCALES, SERVICE CONDITIONS AND QUALIFICATIONS FOR THE TEACHERS AND OTHER ACADEMIC STAFF IN TECHNICAL INSTITUTIONS (DIPLOMA) REGULATIONS, 2010) DATED 05.03.2010
EXHIBIT P3	TRUE COPY OF RELEVANT PAGES OF G.O.(MS) NO.210/2013/H.EDN. DATED 30.05.2013
EXHIBIT P4	TRUE COPY OF THE RELEVANT PAGES OF G.O.(MS) NO75/2014/FIN. DATED 20.02.2014
EXHIBIT P5	TRUE COPY OF KERALA TECHNICAL EDUCATION SERVICE (AMENDMENT) SPECIAL RULES, 2010 PUBLISHED AS PER G.O.(P) NO.366/2010/H.EDN DATED 08/11/2010
EXHIBIT P6	TRUE COPY OF RTI REPLY F.NO.SRO/RTI/2015/84/2365 DATED 07.07.2015 FROM REGIONAL OFFICER, SOUTHERN REGIONAL OFFICE AT AICTE
EXHIBIT P7	TRUE COPY OF RELEVANT PAGES OF REGULATIONS, CURRICULUM,SCHEME AND SYLLABUS 9WITH EFFECT FROM 2005-2006 AND AFTERWARDS) OF MANONMANIAM SUNDARANAR UNIVERSITY, TIRUNELVELI FOR M.TECH. IN COMPUTER AND INFORMATION TECHNOLOGY - (CBCS)(FULL-TIME/WEEK-END (4 SEMESTERS))
EXHIBIT P8	TRUE COPY OF THE QUICK VERIFICATION REPORT NO.QV-09/2015/SIU-1 DATED 20.01.2016
EXHIBIT P9	TRUE COPY OF G.O.(RT) NO 3492/2016/HEDN DATED 22.12.2016

/TRUE COPY/

P.S. TO JUDGE

jes

HRISHIKESH ROY, Ag.C.J. & A.K.JAYASANKARAN NAMBIAR, J.

¶46

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.23061 of 2018

¶47

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13^th day of July, 2018

¶48

JUDGMENT

¶49

Hrishikesh Roy, Ag.C.J.

¶50

This Public Interest Litigation is filed alleging, erosion of academic standards in the Polytechnics, where many faculty members are enjoying AICTE scale of pay on the basis of week-end master degree in engineering/technology, from various Universities located outside Kerala. According to the petitioner, these degrees are not approved by the AICTE and therefore, the legality of the benefits conferred on the faculty members on the basis of such dubious degrees, is questioned by the petitioner.

¶51

On the above projection, the learned Government Pleader refers to the Ext.P9 order of the Government, which reflects that a committee has been constituted to verify the allegation on faculty positions of various Government/Polytechnic colleges, who have obtained week-end M.Tech degrees. The Government is projected to be in seisin of the matter and they propose to take action on the report submitted by the committee, headed by the Director of Technical Education. The report is already available with the Government and they are preparing to take appropriate action on the basis of the recommendation made by the committee.

¶52

Since inaction of the authorities was the subject matter of the Public Interest Litigation, and having noticed that the Government is actively considering the very same issues raised by the petitioner, we direct the Government to take a final decision on the report furnished by the committee. As the Government action may entail consequences

¶53

W.P.(C)No.23061 of 2018

¶54

: 2 :

¶55

for the stakeholders, a hearing should be afforded but the final decision must be taken expeditiously and preferably within three months from the date of receipt of a copy of this judgment. It is ordered accordingly.

¶56

With the above direction, the case stands disposed.

¶57

SD/- HRISHIKESH ROY, ACTING CHIEF JUSTICE

¶58

SD/- A.K.JAYASANKARAN NAMBIAR, JUDGE

¶59

jes

Dr. M.K.Sreedhar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr. M.K.Sreedhar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.Abdul Rasak Vs the State of Kerala

Subaida Vs v.a.Abdul Latheef

N.D.Joseph Vs a.Y.Varghese

A Mohammed Sherief Vs Rajendra Babu G

N.Sethukumar Vs State of Kerala

Sajithmol N.K. Vs the Chief Secretary to the Government of Kerala