Petitioner sought appointment as Head of Department, claiming seniority in the Electrical department. Held she applied to wrong department but Government must consider the representation after hearing before passing orders.
Court directed Government to consider petitioner's claim for HOD promotion after hearing opportunity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
+IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 11TH DAY OF AUGUST 2020 / 20TH SRAVANA, 1942 WP(C).No.19228 OF 2019(C)
PETITIONER:
SARIKA.S AGED 34 YEARS LECTURER IN ELECTRICAL AND ELECTRONICS ENGINEERING, NSS POLYTECHNIC COLLEGE, PANDALAM, PIN-689 501.
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 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -695 001.
4 CHAIRMAN, NSS POLYTECHNIC GOVERNING BODY, NSS HEAD OFFICE, PERUNNA, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686102.
R1 - 3 BY SRI.ARAVINDHA KUMAR BABU SR.G.P
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.19228 OF 2019(C)
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JUDGMENT
Dated this the 11th day of August 2020
Petitioner is aggrieved by Ext.P11 by
which the 3rd respondent informed the Principal of the College that petitioner cannot be considered for appointment as HOD in the Electrical branch on the ground that
her seniority is in the Electronics branch. It was stated that the petitioner was appointed as lecturer in Electronics and Communication Engineering in the Electrical branch on 30.7.2007. The 3rd respondent has forwarded a copy of the GO(MS)No.75/2014/fin
dated 20.2.2014 which prescribes the qualification for appointment as HOD. The principal was also asked to forward the
seniority list of lecturers in Electrical wing for the purpose of appointment of HOD in Electrical wing.
WP(C).No.19228 OF 2019(C)
3
in the Electrical and Electronics Engineering Department in NSS Polytechnic College, Pandalam on 30.7.2007. According to petitioner, even though she was appointed as lecturer in Electronics and Communication Engineering, her appointment was in the Electrical Department. The Electrical department is renamed as Electrical and Electronics Engineering Department. Pointing out Ext.P5 seniority list, the petitioner stated that she was having B.Tech with first class as on the date of her appointment on 30.7.2007, the vacancy of HOD arose in the Electrical department of the college on 31.3.2019; she is the senior most qualified hand in the Electrical and Electronics Department and is holding charge of HOD since then. In the absence of any
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WP(C).No.19228 OF 2019(C)
other qualified hand the vacancy is remaining unfilled from 1.4.2019 onwards. Petitioner points out that she is fully
qualified as prescribed in Annexure II to Ext.P7 Government Order. Ext.P1 degree certificate would show that the Anna
University has placed her with First Class in Degree of Master of Engineering in Power Electronic and Drives under the faculty of Electrical Engineering. The said certificate was issued in 2018. She has produced her mark list pointing out the subjects she has studied. Petitioner asserts that she is a Lecturer included in the seniority list in the department of Electrical and Electronics Department.
affidavit stating that the petitioner is not
qualified in accordance with Annexure II to
WP(C).No.19228 OF 2019(C)
5
Ext.P7 Government Order, which is issued in
implementation of AICTE Scheme and provides
for the qualification for appointment as
HOD. It is stated that the request of the
petitioner in her representation was examined with reference to Ext.P7 Government
Order, when it was found that the course
offered in the college was Civil Engineering, Mechanical Engineering,
Electrical Engineering, Electronics and Communication Engineering and Computer
Engineering where as the petitioner is having Degree in Electronics and
Communication Engineering and Masters degree in Power Electronics. It is stated that the
Head of the Department in the Electrical
Engineering has to be filled up only by
promotion from the category of Lecturers from the Electrical Engineering branch.
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WP(C).No.19228 OF 2019(C)
affidavit producing Exts.P12 to P28 orders pointing out that in all the official
communications, the petitioner was described as Lecturer in Electrical and Electronics Department; she was deputed as external examiner to conduct practical examinations to the Electrical and Electronics
Engineering students; referring to the documents collected from the official web site and also from the Department of Technical Education in connection with the centralized valuation, petitioner points out that all along she has been described as a Lecturer in the Electrical and Electronics Engineering Department. It is also stated that in Ext.P18 seniority list also, she is ranked at Serial No.1 in the Electrical and Electronics Engineering Department; at the
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WP(C).No.19228 OF 2019(C)
same time, there is a separate Department of Electronics and Communication Engineering Department in the College. She also pointed
out that her M.Tech degree in Power
Electronics is an AICTE allied course coming under the Electrical Engineering Branch. Relying on Ext P24 letter received under the Right to Information Act, the petitioner claims that a Lecturer qualified in Chemical Engineering has been promoted as HOD in Government Polytechnic College as per Ext.P28 order.
the petitioner in Ext P12 to P28, I am of the view that the contentions raised by the petitioner required to be considered by the Government. Therefore the writ petition is
disposed of directing the Government to consider the claim of the petitioner for
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WP(C).No.19228 OF 2019(C)
promotion as Head of the Department (HOD) of
the Electrical and Electronics Department of the NSS Polytechnic College, Pandalam after affording an opportunity of hearing to the petitioner, the Principal and any teaching staff who is likely to be affected. Learned counsel for the petitioner submits that petitioner would submit a representation within a period of two weeks from the date of receipt of a copy of the judgment. The Government shall consider the same and pass orders on it after affording an opportunity of being heard within a further period of three months.
This Writ Petition is disposed of
accordingly.
Sd/-
P.V.ASHA
JUDGE
sn
WP(C).No.19228 OF 2019(C)
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE THE PETITIONER. |
M.E.DEGREE CERTIFICATE OF |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE GRADES OF ME DEGR PETITIONER. |
CONSOLIDATED STATEMENT OF EE EXAMINATIONS OF THE |
| EXHIBIT P3 | TRUE COPY OF THE NO.F/5961/07 DATE RESPONDENT. |
APPOINTMENT ORDER D 30.07.2007 OF THE 4TH |
| EXHIBIT P4 | TRUE COPY OF THE DATED 20.02.2008 |
ORDER NO.DP6/33276/07/DTE OF THE 3RD RESPONDENT. |
| EXHIBIT P5 | TRUE COPY OF THE STATEMENT OF STAF NON-TEACHING STAF COLLEGE, PANDALAM |
RELEVANT EXTRACT OF THE F LIST OF TEACHING AND F OF NSS POLYTECHNIC AS ON 10.06.2018. |
| EXHIBIT P6 | TRUE COPY OF THE 29.03.2019 OF SMT |
SUBMISSION DATED . P.RADHIKA. |
| EXHIBIT P7 | TRUE COPY OF THE DATED 20.02.2014 EXTRACT OF ANNEXU |
G.O.(MS) NO.75/2014/FIN ALONG WITH THE RELEVANT RE-II. |
| EXHIBIT P8 | TRUE COPY OF THE 08.03.2019 SUBMIT BEFORE THE 4TH RE |
REPRESENTATION DATED TED BY THE PETITIONER SPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE 30.03.2019 SUBMIT BEFORE THE 2ND RE |
REPRESENTATION DATED TED BY THE PETITIONER SPONDENT. |
| EXHIBIT P10 | TRUE COPY OF THE SUBMITTED BY THE RESPONDENT. |
REMINDER 02.05.2019 PETITIONER TO THE 4TH |
| EXHIBIT P11 | TRUE COPY OF THE DATED 02.05.2019 |
LETTER NO.DP6/14177/19/DTE OF THE 3RD RESPONDENT. |
| EXHIBIT P12 | TRUE COPY OF THE DATED 17.04.2010 |
ORDER NO.DP6/7289/10/DTE OF THE 3RD RESPONDENT. |
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| EXHIBIT P13 | TRUE COPY OF THE G.O.(RT) NO.277/2008/H.EDN. DATED 14/02/2008. |
|---|---|
| EXHIBIT P14 | TRUE COPY OF THE LETTER NO.D1/976/2019 DATED 28/03/2019 OF THE JOINT COUTROLLER OF TECHNICAL EXAMINATIONS. |
| EXHIBIT P15 | TRUE COPY OF THE RELEVANT EXTRACT OF PRINT OUT OF SESSIONAL MARKS AWARDED TO THE STUDENTS OF ELECTRICAL AND ELECTRONICS ENGINEERING OF THE COLLEGE AS DOWNLOADED FROM OFFICIAL WEBSITE OF THE 2ND RESPONDENT. |
| EXHIBIT P16 | TRUE COPY OF THE RECEIPTS ISSUED BY THE DEPARTMENT OF TECHNICAL EDUCATION IN CONNECTION WITH THE CENTRALIZED VALUATION CAMP. |
| EXHIBIT P17 | TRUE COPY OF THE RELEVCANT EXTRACXT OF THE TABLE OF ASSIGNMENT OF VALUATION DUTY OF VARIOUS LECTURERS TO BE CO-ORDINATED BY THE PETITIONER. |
| EXHIBIT P18 | TRUE COPY OF THE SENIORITY LIST OF THE TEACHING STAFF OF ELECTRICAL AND ELECTRONICS ENGINEERING DEPARTMENT OF THE COLLEGE, AS ON 01/06/2020. |
| EXHIBIT P19 | TRUE COPY OF THE RELEVANT EXTRACT OF THE PRINT OUT OF PROFESSIONAL DETALS POSTED ON THE OFFICIAL WEBSITE OF THE TECHNICAL EDUCATION DEPARTMENT (TECHNIAL EXAMINATIONS KERALA). |
| EXHIBIT P20 | TRUE COPY OF THE RELEVANT EXTRACT OF THE PROSPECTS OF POLYTECHNIC COLLEGE ADMISSION FOR THE YEAR 2017-2018. |
| EXHIBIT P21 | TRUE COPY OF THE RELEVANT EXTRACT OF THE PRINT OUT DOWNLOADED FROM THE WEBSITE OF THE COLLEGE. |
| EXHIBIT P22 | TRUE COPY OF THE PRINT OUT DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE COLLEGE SHOWING THE NAMES AND DESIGNATIONS OF THE MEMBERS OF THE FACULTY BELONGING TO ELECTRICAL AND ELECTRONICS ENGINEERING. |
WP(C).No.19228 OF 2019(C)
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EXHIBIT P23 TRUE COPY OF THE PRINT OUT DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE COLLEGE SHOWING THE NAMES AND DESIGNATONS OF THE MEMBERS OF THE FACULTY BELONGING TO ELECTRONICS AND COMMUNICATION ENGINEERING. EXHIBIT P24 TRUE COPY OF THE LETTER NO.RTI/16699/2019/DTE DATED 15/07/2019 ALONG WITH ITS ENCLOSURE. EXHIBIT P25 TRUE COPY OF THE RTI APPLICATION DATED 06/05/2019 SUBMITTED BY THE AFORESAID SRI.SIVANKUTTY NAIR N. EXHIBIT P26 TRUE COPY OF THE G.O.(RT) NO.1220/2004/H.EDN. DATED 10/09/2004. EXHIBIT P27 TRUE COPY OF THE ORDER NO.DP6/16096/04/DTE DATED 03/05/2005 OF THE 3RD RESPONDENT. EXHIBIT P28 TRUE COPY OF THE G.O.(RT) NO.1471/2017/H.EDN. DATED 05/08/2017. RESPONDENT'S/S EXHIBITS: NIL
sn
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether petitioner qualified as the senior most lecturer in the Electrical and Electronics Department for appointment as Head of Department despite branch discrepancy.
Whether the petitioner representation regarding inter-department seniority required consideration by the Government before final adjudication.
SARIKA.S
SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT
DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM
SENIOR JOINT DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM
CHAIRMAN, NSS POLYTECHNIC GOVERNING BODY, NSS HEAD OFFICE, PERUNNA, CHANGANACHERRY, KOTTAYAM DISTRICT
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
