The Court directed the third respondent to expedite the amendment of special rules to incorporate 'Integrated Coastal Zone Management' degree by the third respondent within six months following a university recommendation.
Direction to the third respondent to amend special rules to include the Post Graduate Degree within six months.
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 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.895 OF 2021(J)
PETITIONERS:
D-23, HEMANTHAM, SREERANGAM LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM-695010.
BY ADVS. SRI.M.A.FAYAZ SMT.M.VISHNUPRIYA SMT.C.B.ABHINAVA
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RESPONDENTS:
OTHER PRESENT:
SRI.P.C.SASIDHARAN,SC, PSC SRI.T.K.VIPINDAS, SC SMT.DIVYA.C.BALAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The complaint of the petitioners is that the
respondents are not taking effective action even on receipt of the report Ext.P17 from Kerala University of Fisheries and Ocean Studies after Government passed
Ext.P16 order.
Integrated Coastal Zone Management from Kerala University of Fisheries and Ocean Studies. The said
Post Graduate Degree is not included as a qualification for any of the posts in the Government service. Therefore they had approached this Court when none of the authorities were taking any action to that end. On the basis of Ext.P15 judgment dated 17.06.2020 in W.P.(C).No.11207 of 2020, Government issued Ext.P16 order on 28.10.2020 and called for a report from the University as to the posts for which the qualification would be admissible. The University
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thereafter sent Ext.P17 letter on 21.12.2020
recommending and requesting for amendment of Special Rules in recognition of these courses and mentioning the Departments in which the posts would be available, for which the qualification can be included. The petitioners have filed this writ petition complaining that effective follow up action is not taken even after the Ext.P17 recommendation was made and the petitioners are losing their opportunities for employment under Government despite the acquisition of higher qualification.
submits that the special rules for the posts which are found suitable for those who are having M Tech Degree in Integrated Coastal Zone Management, would require amendment and the same would take much time.
taken any further action after receipt of Ext.P17 report from the University. Though it is true that the
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process of amendment of special rules is a time consuming process, as it requires discussions, correspondence, concurrence, etc., between various Departments, organizations and consultation and approval from the Kerala Public Service Commission, the respondents should to take up the matter and expedite the proceedings for amendments at the earliest. Once the respondents have found that amendment to special rules is required and that the qualification acquired by persons like petitioners
require to be included in the rules among other qualifications, the respondents have to process the matter expeditiously.
Therefore there shall be a direction to the 3rd respondent to take appropriate follow up action pursuant to Ext.P16 order and Ext.P17 recommendation for incorporating the aforesaid qualification in accordance with the procedure prescribed as expeditiously as possible, within a period of 'six
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months' from the date of receipt of a copy of the judgment.
The writ petition is disposed of accordingly.
Sd/- P.V.ASHA, JUDGE
AS
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE DEGREE CERTIFICATE DATED 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 1ST PETITIONER. EXHIBIT P2 PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 2ND PETITIONER. EXHIBIT P3 PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 3RD PETITIONER. EXHIBIT P4 PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 4TH PETITIONER. EXHIBIT P5 PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 5TH PETITIONER. EXHIBIT P6 PHOTOCOPY OF THE DEGREE CERTIFICATE 26.02.2016 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 6TH PETITIONER. EXHIBIT P7 PHOTOCOPY OF THE DEGREE CERTIFICATE 26.02.2016 ISSUED BY THE KERALA
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| UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 7TH PETITIONER. |
|
|---|---|
| EXHIBIT P8 | PHOTOCOPY OF THE DEGREE CERTIFICATE 26.02.2016 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 8TH PETITIONER. |
| EXHIBIT P9 | PHOTOCOPY OF THE DEGREE CERTIFICATE 18.02.2017 ISSUED BY THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES IN RESPECT OF THE 9TH PETITIONER. |
| EXHIBIT P10 | PHOTOCOPY OF G.O(MS)NO.253/2007/LSGD DATED 13.11.2007. |
| EXHIBIT P11 | PHOTOCOPY OF THE RELEVANT EXTRACT OF THE REPLY GIVEN BY MINISTER FOR PANCHAYAT AND SOCIAL JUSTICE DEPARTMENT IN THE LEGISLATIVE ASSEMBLY DATED 07.07.2014. |
| EXHIBIT P12 | PHOTOCOPY OF THE REPLY RECEIVED FROM THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY DATED 24.10.2018. |
| EXHIBIT P13 | PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER'S BEFORE THE GOVERNMENT DATED 12.02.2020. |
| EXHIBIT P14 | PHOTOCOPY OF THE LETTER ISSUED BY THE REGISTRAR, KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES DATED 13.03.2020. |
| EXHIBIT P15 | PHOTOCOPY OF THE JUDGMENT IN W.P(C)NO.11207/2020 DATED 17.06.2020. |
| EXHIBIT P16 | PHOTOCOPY OF G.O.(RT)NO.629/2020/F&P DATED 28.10.2020. |
| EXHIBIT P17 | PHOTOCOPY OF LETTER NO.ACAD3/10864/2017 DATED 21.12.2020. |
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EXHIBIT P18 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 12.02.2020. EXHIBIT P19 PHOTOCOPY OF THE DISPATCH REGISTRAR OF THE 5TH RESPONDENT EVIDENCING FORWARDING OF EXT.P17.
2 issues framed by the court
Whether the respondents should expedite the amendment of special rules to recognize 'Integrated Coastal Zone Management' degree as a qualification for government posts.
Whether a direction to process the recommendation from the Kerala University of Fisheries and Ocean Studies within six months is appropriate.
Noushad V.E. and others
Chief Secretary to Government, Government of Kerala
Secretary to the Government, Finance Department
Principal Secretary to the Government, Fisheries and Port Department
Kerala Public Service Commission
Kerala University of Fisheries and Ocean Studies
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
