Bench dismissed Writ Appeal against Single Judgment denying relief to contract-based university drivers who challenged a fresh selection notification preferring to participate in the new process, finding no legal right to continuity of service.
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 MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943
WA NO. 1115 OF 2021
AGAINST THE JUDGMENT IN WP(C) 13664/2021 OF HIGH COURT OF KERALA, ERNAKULAM
APPELLANTS:
S/O RAMAN .K.C,POTTANALUNKAL HOUSE, CHENAKKAL,CALICUT UNIVERSITY.P.O, MALAPPURAM-673635.
2 MOHAMMED SHAFI V. AGED 36 YEARS S/O.ABOOBACKER,MANGUNGAL HOUSE, PARUTHIKOD,PALLIKKAL.P.O, MALAPPURAM-673634.
3 AMITHAB K. AGED 41 YEARS S/O.VASU.K,KOZHIKKATTIL HOUSE,
OLIPRAM KADAVU THIRUTHI, KOLAKKATTUCHALIL.P.O, CHELAMBRA VIA,MALAPPURAM-673634.
4 SUNIL KUMAR N. AGED 44 YEARS S/O.UNNIKKARI,OTTAPILACKAL HOUSE, KARUVANKALLU, KARIPPOOR.PO, MALAPPURAM-673638.
5 BASHEER.C.A, AGED 39 YEARS S/O.ANDEEL HAAJI,CHERAMCHERIAKKAL HOUSE, VARAPPARA,PARAMBIL PEEDIKA.P.O, THIRUR,MALAPPURAM-676017.
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MANIKULATH PARAMBIL HOUSE, OLIPRAM 14TH MILE,TENHIPALAM.P.O, MALAPPURAM-673635.
7 SHARAFUDHEEN K.C. AGED 44 YEARS S/O.KUNHIMOIDEEN.K.C, CHALIYIL HOUSE, KOHINOOR, THENHIPALAM.P.O, MALAPPURAM-673635.
BY ADV P.K.IBRAHIM(K/000215B/1982)
RESPONDENTS:
1 CALICUT UNIVERSITY THENHIPALAM, CALICUT UNIVERSITY, MALAPPURAM-673635, REPRESENTED BY ITS REGISTRAR.
OTHER PRESENT:
BY SRI.P.C SASIDHARAN, SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
A.K.Jayasankaran Nambiar, J.
This Writ Appeal has been filed by the petitioners in WP(C)No.13664 of 2021 aggrieved by the judgment dated 11.08.2021 of the learned Single Judge. The brief facts necessary for the disposal of the Writ Appeal are as follows:
The appellants were Drivers working under the respondent-University engaged either on daily wage or contract basis after a due selection process. In the Writ Petition, their grievance was essentially that, while they had been permitted to render service without break from 2013/2014, through a public notification dated 10.04.2021, the University initiated a fresh selection process for engaging drivers on daily wage/contract basis. Sensing that this would prejudicially affect their claim for continuity in service under the University, they approached this Court through the aforementioned writ petition praying inter alia , for a direction to the University to continue their services on daily wage/contract basis till such time as the University took steps to appoint regular hands in accordance with law.
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process. The learned Judge however, found that inasmuch as the petitioners were continuing on daily wage basis till then, the respondent-University would permit them to continue till the selection process was completed and fresh appointments made pursuant thereto.
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selection notification for appointment of Drivers on daily wage/contract basis. The appellants have not been able to establish any legal right enuring in them that could support a claim for continuity in service under the respondent-University, beyond the period expressly mentioned in their respective contracts. Their service conditions were regulated by the terms of those contracts and, in the absence of any material to suggest that they had rendered such continuous and uninterrupted service, over a considerably long period of time, against sanctioned posts of drivers under the University, they cannot aspire for regularisation of their services under the University. We also find that there are clauses in their respective contracts that make it very clear that they will not be entitled to any claim for future appointment in the University service, whether permanent/temporary, by virtue of the contract appointment.
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also in agreement with the findings of the learned Single Judge that persons who willingly participated in a selection process cannot subsequently maintain a writ petition challenging the said selection process merely on an apprehension that they may not emerge successful in the said process. We are also not swayed by the contention of the learned counsel for the appellants that there are others similarly placed as the appellants whose services have been extended by the respondent-University by extending the contract entered into with them. We are not aware of the circumstances under which the University extended those contracts, if at all and further, the said alleged beneficiaries were not made parties to the writ petition. Thus, for the reasons stated above, we are not inclined to interfere with the judgment of the learned Single Judge.
The Writ Appeal fails, and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
Sd/-
MOHAMMED NIAS C.P. JUDGE
dlk 6.9.2021
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APPENDIX OF WA 1115/2021
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE RANK LIST PUBLISHED BY THE RESPONDENT-UNIVERSITY ON 09.07.2021 Annexure A2 TRUE COPY OF THE ORDER DATED 4.1.2021 BY THE UNIVERSITY.
3 issues framed by the court
Whether contract-based daily wage drivers have a right to challenge a new selection process after participating in it.
Whether there is a legal right or legitimate expectation for continuity in contract-based service against a university.
Whether the High Court should interfere with the Single Judge's dismissal of the writ petition.
1 provisions across 1 enactments
Shaji K.C. and others
Calicut University and others
A.K. Jayasankaran Nambiar
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
