Dismissed

Dr. Muhammed Kutty V.H. v. the Kerala Veterinary and Animal Sciences University

Kerala HC8 Nov 2018WP(C)/7717/2018

Case brief

AI extract

What is this about?

Petitioners challenged the awarding of marks in assistant professor recruitment. The Court held that appointments cannot be unsettled as the list has expired, but the anomaly will be considered for future vacancies. Dismissed writ petition with an assurance of future consideration. Dismissed.

What did the court decide?

The petitioners are left to approach the University for any future vacancies; no appointment regularisation granted.

Dr. Muhammed Kutty V.H. Vs the Kerala Veterinary and… — Service and Employment | Kerala HC (2018)

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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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THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

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WP(C).No. 7717 of 2018

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PETITIONERS:

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1 DR. MUHAMMED KUTTY V.H. S/O.V.M.HAMEED, AGED 32 YEARS, RESIDING AT VARIKKOTTIL HOUSE, KANIYARKODE P.O., THRISSUR-680 594.

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2 DR.REMYA V. D/O.K.MUKUNDAN, AGED 32 YEARS,

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RESIDING AT MAA NIVAS, AANENTE VALAPPU, POLAYAD P.O., THALASSERRY-670 661.

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BY ADVS.

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SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI

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RESPONDENTS:

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1 THE KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY (KVASU), POOKKODE, LAKKIDI P.O., WAYANAD, KERALA-673 576, REPRESENTED BY ITS REGISTRAR.

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2 THE VICE CHANCELLOR THE KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY (KVASU), POOKKODE, LAKKIDI P.O., WAYANAD, KERALA – 673 576.

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3 THE REGISTRAR, THE KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY (KVASU), POOKKODE, LAKKIDI P.O., WAYANAD, KERALA – 673 576.

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4 INDIAN VETERINARY RESEARCH INSTITUTE (IVRI) IZATNAGAR, UTHARPRADESH – 243 122, REPRESENTED BY ITS DIRECTOR.

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5 DR.NAHEEF K. KOKKADATH HOUSE, PAYYOLI, ANGADI P.O., KOZHIKODE – 673 253.

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WP(C).No. 7717 of 2018 2

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6 DR.JINESH KUMAR N.S. J.J.BHAVAN, UZHUVA, PATTANAKKADU P.O., CHERTHALA-686 531.

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BY ADVS.

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SMT.AYSHA YOUSEFF, SC, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7717 of 2018 3

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JUDGMENT

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Petitioners applied to the post of Assistant

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Professor in Veterinary Biochemistry at Kerala Veterinary and Animal Sciences University, Pookode, Wayanad. Their main grievance is in regard to awarding of marks. Rank list was published by the University on 11/02/2015 which has expired on 10/02/2018. There are anomalies that have been brought to the notice of the Vice Chancellor. Petitioners relying upon Ext.P3 and Ext.P10 certificates, submit that they have obtained 1^st rank in the respective qualifying exam and that was not taken into account for awarding the scores. They submit that as per Ext.P5, 1^st rank holders would be entitled for 3 additional marks and that was not awarded to them. The petitioners point out that two other candidates were given such marks, namely, Dr.Jess Vergis and Dr.Deepthi Vijay and the petitioners were not given marks without any reason.

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WP(C).No. 7717 of 2018 4

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It is to be noted that the list has

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expired. The appointments have been made and this Court cannot unsettle such appointment. Anyhow, such claim of the petitioners shall be reckoned for any vacancies in future. Further, it will not be a bar for the petitioners in pointing out such anomalies in any vacancies that has to be filled up by the University in future.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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DK/08.11.2018

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WP(C).No. 7717 of 2018 5

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY TO THE 1ST PETITIONER DTD.02/06/2010.
EXHIBIT P2	TRUE COPY OF THE DEGREE CERTIFICATE OBTAINED BY THE 1ST PETITIONER FOR MASTERS OF VETERINARY SCIENCE IN ANIMAL BIOCHEMISTRY DTD.27/07/2012.
EXHIBIT P3	TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE 4TH RESPONDENT UNIVERSITY TO THE 1ST PETITIONER DTD.02/03/2013.
EXHIBIT P4	TRUE COPY OF THE RANK LIST PUBLISHED ON 11/02/2015 BY THE 1ST RESPONDENT UNIVERSITY.
EXHIBIT P5	TRUE COPY OF THE SCORE CARD INDEX ISSUED BY THE 1ST RESPONDENT UNIVERSITY TO THE 1ST PETITIONER.
EXHIBIT P6	TRUE COPY OF THE SCORE CARD FOR VETERINARY BIO CHEMISTRY OBTAINED UNDER THE RTI ACT BY THE 1ST PETITIONER.
EXHIBIT P7	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DTD.22/12/2017.
EXHIBIT P8	TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY TO THE 2ND PETITIONER DTD.02/06/2010.
EXHIBIT P9	TRUE COPY OF THE DEGREE CERTIFICATE OBTAINED BY THE 2ND PETITIONER FOR MASTER OF VETERINARY SCIENCE IN VETERINARY SURGERY AND RADIOLOGY DTD.27/07/2012.
EXHIBIT P10	TRUE COPY OF THE CERTIFICATE OF MERIT DTD.02/03/2013 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER

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WP(C).No. 7717 of 2018 6

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EXHIBIT	P11	TRUE COPY OF THE RANK LIST PUBLISHED BY THE 1ST RESPONDENT UNIVERSITY ON 11/02/2015.
EXHIBIT	P12	TRUE COPY OF THE SCORE CARD FOR VETERINARY SURGERY AND RADIOLOGY OBTAINED UNDER THE RTI ACT BY THE 2ND PETITIONER.
EXHIBIT	P13	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DTD.22/12/2017 PRAYING FOR REVALUATION OF API SCORE.
EXHIBIT	P14	TRUE COPY OF THE INFORMATION FURNISHED TO DR.RAMEEZ BY THE JOINT REGISTRAR OF PUBLIC INFORMATION OFFICE DTD.07/05/2015.
EXHIBIT	P15	TRUE COPY OF THE MINUTES OF THE MEETING DTD.17/08/2017.
EXHIBIT	P16	TRUE COPY OF THE NOTIFICATION BEARING NO.KVASU/GA/A/1648/2014 DTD. 12.06.2014
EXHIBIT	P17	TRUE COPY OF THE RELEVANT PAGES 1,233,234,235 AND 236 OF 54TH AGENDA OF THE MEETING OF BOARD OF MANAGEMENT OF THE 1ST RESPONDENT UNIVERSITY HELD ON 24TH NOVEMBER, 2017
EXHIBIT	P18	TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE MEETING OF THE ESTABLISHMENT COMMITTEE OF UNIVERSITY HELD ON 31.01.2017

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RESPONDENT'S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

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DK/08.11.2018

Dr. Muhammed Kutty V.H. v. the Kerala Veterinary and Animal Sciences University

Case brief

What is this about?

What did the court decide?

Dr. Muhammed Kutty V.H. v. the Kerala Veterinary and Animal Sciences University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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