Dismissed

Sebastian Dominic, v. the Executive Committee of Kerala Agricultural University

Kerala HC1 Aug 2019WP(C)/3183/2019

Case brief

AI extract

What is this about?

The appeal challenged a High Court order granting promotion to the petitioner based on an M.Phil degree from a distance education university. The Court examined the university's recognition status and the applicant's eligibility timeline. Finding challenges well founded, the Court upheld the lower court's rejection of the promotion claim.

What did the court decide?

The appeals and writ petition were dismissed; the petitioner is not entitled to retrospective promotion from 23.7.2008.

Sebastian Dominic, Vs the Executive Committee… — Pension and Retirement Benefits | Kerala HC (2019)

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941

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WA.No.962 OF 2017

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AGAINST THE JUDGMENT IN WPC 27984/2013 OF HIGH COURT OF KERALA DATED 10.3.2017

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APPELLANT:

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SEBASTIAN DOMINIC, ASSISTANT LIBRARIAN, COLLEGE OF AGRICULTURE,VELLAYANI, RESIDING AT MRA-A-101, GATENAKOM LANE,MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM

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BY ADVS. SRI.R.RAJASEKHARAN PILLAI SRI.P.V.JAYACHANDRAN SMT.SABINA JAYAN

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RESPONDENTS:

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1 K.HARRIS REFERENCE ASSISTANT (HIGHER GRADE),KELAPPAJI COLLEGE OF AGRICULTURAL ENGINEERING AND TECHNOLOGY(KCAET), THAVANUR P.O, MALAPPURAM DISTRICT 679 573

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2 THE KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR,VELLANIKKARA, THRISSUR 680 56

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3 SHERLY B ASSISTANT LIBRARIAN,COLLEGE OF AGRICULTURE,VELLAYANI THIRUVANANTHAPURAM 695 522

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BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SMT.N.SANTHA SRI.ROBSON PAUL (BY ORDER) SRI.NIDHI BALACHANDRAN

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 2

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WA.968/2017, WP(C).3183/2019(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 3

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941

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WA.No.968 OF 2017

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AGAINST THE JUDGMENT IN WPC 23979/2014 DATED 10-03-2017 OF HIGH COURT OF KERALA

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APPELLANT:

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SEBASTIAN DOMINIC

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ASSISTANT LIBRARIAN, COLLEGE OF AGRICULTURE, VELLAYANI, RESIDING AT MRA-A-101,GATENAKOM LANE,MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM

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BY ADVS.

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SRI.R.RAJASEKHARAN PILLAI SRI.P.V.JAYACHANDRAN SMT.SABINA JAYAN

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RESPONDENTS:

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1 THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY VELLAYANI, THRISSUR 680 654 REPRESENTED BY ITS VICE-CHANCELLOR

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2 THE REGISTRAR KERALA AGRICULTURAL UNIVERSITY,VELLANIKKARA, THRISSUR 680 654

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3 THE DIRECTOR

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 4

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DIRECTORATE OF DISTANCE EDUCATION,VINAYAKA MISSIONS UNIVERSITY,NH-47,SANKARI MAIN ROAD,ARIYANOOR, SALEM,TAMIL NADU 636 308

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4 K. HARRIS REFERENCE ASSISTANT (HIGHER GRADE),KELAPPAJI COLLEGE OF AGRICULTURAL ENGINEERING AND TECHNOLOGY (KCAET). THAVANUR P.O, MALAPPURAM DISTRICT 679 573

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BY ADVS. SRI.ROBSON PAUL (BY ORDER) SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SMT.N.SANTHA

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WA.962/2017, WP(C).3183/2019(W), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 5

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941

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WP(C).No.3183 OF 2019(W)

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PETITIONER:

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SEBASTIAN DOMINIC, AGED 57 YEARS RETIRED ASSISTANT LIBRARIAN, COLLEGE OF AGRICULTURE, VELLAYANI, RESIDING AT MRA-A-101, GATENAKOM LANE, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM.

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BY ADVS. SRI.P.V.JAYACHANDRAN SRI.NIDHI BALACHANDRAN SMT.G.N.DEEPA

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RESPONDENT/S:

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1 THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY VELLAIKKARA, TRISSUR, 680 654, REPRESENTED BY ITS VICE CHANCELLOR.

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2 THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRISSUR 680 654.

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3 THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 6

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TRISSUR 680 654.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WA.962/2017, WA.968/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 7

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COMMON JUDGMENT

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Arun, J

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The tussle between K.Harris and Sebastian Dominic, who were Reference Assistants in the Kerala Agricultural University, for promotion to the post of Assistant Librarian is the cause of action for these cases. 2. W.A.No.962 of 2017 arise out of WP(C) No.27984 of 2018 filed by K.Harris challenging Ext P8 order, by which promotion was granted to Sebastian Dominic as Assistant Librarian at the Agricultural University w.e.f 23.7.2008 against the vacancy that arose on 1.6.2008, as also one another promotion. The further prayer in the writ petition is to declare the petitioner to be entitled for promotion to the post of Assistant Librarian, with retrospective effect from 24.6.2008.

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W.A.No.968 of 2017 arises out of WP(C)

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 8

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No.23979 of 2014 filed by Sebastian Dominic challenging Ext P10 decision dated 3.4.2013 of the Academic Council of the University holding that the degree achieved through distance education stream of Vinayaka Missions University cannot be considered for promotion and induction to UGC Scheme. Challenge is also made to Ext P12 decision of the Executive Committee of the University, ratifying Ext P10 decision of the Academic Council.

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WP(C) No.3183 of 2019 is filed by Sebastian Dominic seeking a direction to the University to effect promotion of the petitioner under the Career Advancement Program (CAP) to the post of Assistant Librarian (Senior Scale) with effect from February, 2013. Since the prayer in this writ petition would depend upon the outcome of the above writ appeals, the writ petition was tagged along with the appeals.

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Both K.Harris and Sebastian Dominic were appointed as Library Assistants in the University and

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 9

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thereafter promoted as Reference Assistants. On 18.12.2009, the Executive Committee of the University decided to grant promotion to those Reference Assistants who had entered service after 1.4.1990 with retrospective effect, if they possessed the qualifications prescribed by the UGC/Indian Council of Agricultural Research. The UGC having exempted candidates having Ph.D Degree and M.Phil Degree from NET qualification, by order dated 6.4.2010, the University promoted 4 persons with M.Phil. qualification, as Assistant Librarian. For the purpose of this case we are concerned only with the promotions granted to Sebastian Dominic w.e.f 23.7.2008 and B.Sherly w.e.f 1.4.2010. Sherly does not contest the matter at all. According to K.Harris, eventhough he had acquired M.Phil qualification on 24.6.2008, his claim for promotion was not considered. Sebastian Dominic and B.Sherly were promoted on the strength of an M.Phil Degree which they claimed to have obtained on

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 10

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23.7.2008 from the Vinayaka Missions University,

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Salem.

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On receipt of information about the promotions, K.Harris challenged the promotions of Sebastian Dominic and B.Sherly, mainly on the ground that the M.Phil Degree obtained by them were bogus. On receipt of complaints, the University called upon the two incumbent Assistant Librarians to offer their explanation to the challenge against their M.Phil. degrees. Immediately, B.Sherly informed the University that she had no objection in being reverted to the cadre of Reference Assistant (Hr.Gr.). The University had also sought clarification from the Vinayaka Missions University, as to the recognition of its distance education courses by the Distance Education Council. Replies to the queries were received under Exts P21, 22 & 23 in W.P.(C) No. 27984 of 2013. Ext P22 is a letter issued by the Indira Gandhi National Open University to the Vinayaka Missions University informing that recognition

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 11

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is granted to the Distance Education courses conducted by the Vinayaka Missions University for a period of 5 years from 28.2.2007. Ext P23 is the list of Universities/Institutions approved by the Distance Education Council as on 19.2.2009. The Vinayaka Missions University is also included in the list and the period of approval is shown as 5 years from February, 2007. It is also noted that ex post facto approval is granted till 2005. Ext P17 is the mark sheet of Sebastian Dominic evidencing the fact that he had attended M.Phil course in the year 2006. Ext P16 is the certificate dated 16.3.2007 issued to Sebastian Dominic on his acquiring the degree of Master of Library and Information Science (M.Lisc.). The challenge against the M.Phil Degree of Sebastian Dominic is primarily on two grounds:

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That having acquired M.Lisc degree only 16.3.2007, he could not have been admitted to the M.Phil Degree course in 2006.

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The Distance Education Council having granted ex post facto recognition

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 12

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to the Distance Education courses conducted by the Vinayaka Missions University only till 2005 and recognition to the future courses only from 28.2.2007, the M.Phil course to which he was admitted in 2006 and degree awarded on 23.7.2008 was invalid.

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The learned Single Judge, after detailed consideration, found the challenge to be well founded. We find no reason to take a different view. The learned Counsel for the Appellant vehemently contented that the Academy year of the appellant's M.Phil Course was the calendar year itself. We were also taken to Ext. P9 in the appellant's writ petition to contend that the admission to the course is permitted on the candidate appearing in the final examination of the Masters Programme. The Contention is that the appellant participated in the M.LiSc Course in December 2006 (Ext.P1 in W.P.(C) No. 23979/2014). As we noticed the mark sheet of Sebastian Dominic (Ext.P17) shows him as having undertaken the Course in the Academic/Calendar year 2006; which is impossible, if the final exam of the MLiSc

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 13

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Course was in December 2006. Further, the Academic Council of the University had found that the degree achieved through Distance Education Stream of Vinayaka Missions University cannot be considered for promotion and induction to UGC Scheme and the decision was been approved by the Executive Committee of the University. Hence, the Career Advancement Promotion (CAP), granted to Sebastian Dominic as per the UGC Scheme, was rightly doubted by the learned Single Judge and the University directed to take up the complaint raised by K.Harris and pass consequential orders on his claim for promotion w.e.f 23.7.2008.

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It is submitted that even though Ext P8

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order of promotion was passed on 6.4.2010, K.Harris had sought for review of the promotions only on 7.6.2012 and hence the complaint is liable to be rejected on the ground of delay. On behalf of K.Harris it is submitted that the promotion granted to Sebastian Dominic as Assistant Librarian was a closed secret and

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 14

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he could obtain a copy of the order of promotion only in 2012. We are not called upon to consider the eligibility of K.Harris, for promotion as Assistant Librarian, in the appeals filed by Sebastian Dominic. Obviously K.Harris was satisfied with the direction in the impugned judgment, which can be inferred from the fact that he has not chosen to challenge the judgment in appeal. Hence we find no reason to interfere with the impugned judgment.

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The prayer in WP(C) No.3183 of 2019 being to grant further promotion to Sebastian Dominic as Library Assistant (Senior Grade), the writ petition is rendered infructuous in the light of our finding that Sebastian Dominic was not entitled for promotion as Library Assistant.

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 15

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In the result, W.A.Nos.962 of 2017, 968 of 2017 and WP(C) No.3183 of 2019 are dismissed. No

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order as to costs.

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sd/- K.VINOD CHANDRAN, JUDGE

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sd/V.G.ARUN, JUDGE

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cmsxxx

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W.A.Nos.962 & 968 of 2017 & WP(C) No.3183 of 2019 16

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APPENDIX OF WP(C) 3183/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REPRESENTATION, DATED 1901-2018

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 1502-2018 EXHIBIT P3 TRUE COPY OF THE ORDER NO. GA/K2/3372/16 DATED 23-01-2017 EXHIBIT P4 TRUE COPY OF THE COVERING LETTER DATED 1406-2017 EXHIBIT P5 TRUE COPY OF THE LETTER NO. ES(2)885/2017 DATED 16-06-2017

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RESPONDENTS EXTS NIL cms /True copy/ P.S.to Judge

Sebastian Dominic, v. the Executive Committee of Kerala Agricultural University

Case brief

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Sebastian Dominic, v. the Executive Committee of Kerala Agricultural University

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