Allowed

Stanly Varghese v. St.Peters College Trust

Kerala HC8 Nov 2022WP(C)/25421/2022

Case brief

AI extract

What is this about?

The High Court held that vacancies existing at the time a rank list comes into force must be filled from it. The college was directed to consider the petitioners' claims for appointment based on the rank list within one month, subject to statutory approvals and conditions.

What did the court decide?

Directed the College to consider the petitioners' claims for appointment from the rank list expeditiously but within one month, subject to approval by competent statutory authorities.

Stanly Varghese Vs St.Peters College Trust — Education and Admissions | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 8^TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944

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WP(C) NO. 25421 OF 2022

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PETITIONERS:

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1 STANLY VARGHESE, AGED 32 YEARS, S/O. GEORGE, ODALIL HOUSE, THAMMANIMATTOM, RAMAMMMAGALAM P.O, ERNAKULAM - 686663.

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2 BASIL JOSE, AGED 26 YEARS, AREKATTUZHIYIL HOUSE, KARUGAPILLY P.O, ERNAKULAM - 682311.

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3 ALDRIN BENNY, AGED 22 YEARS, S/O. BENNY, OMBALANECHIYIL HOUSE, KOLENCHERY P.O, ERNAKULAM - 682311.

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BY ADVS.B.N.SHIVSANKAR TINU T.JOSEPH ARCHANA HARIDAS K.

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RESPONDENTS:

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1 ST.PETERS COLLEGE TRUST, KOLENCHERY, REPRESENTED BY ITS SECRETARY, DR. VARGHESE JACOB, AGED 59 YEARS, S/O. V.V.JACOB, RESIDING AT NECHUPADAM, KOLENCHERY, ERNAKULAM DISTRICT.

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2 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM -6865652.

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3 ZONAL DEPUTY DIRECTOR OF COLLAGE EDUCATION ERNAKULAM, HOSPITAL RD, NEAR MCRV MEN'S HOSTEL 11, SHENOYS, ERNAKULAM, KERALA 682011.

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4 DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P O. THIRUVANANTHAPURAM 695 033.

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5 PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, 4TH FLOOR, ANNEX II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001.

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WP(C) NO. 25421 OF 2022

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6 JOINT SECRETARY, HIGHER EDUCATION DEPARTMENTS, 3RD FLOOR, ANNEX II, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695001.

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BY ADVS.SMT.MEGHA MUKUNDESWAR SRI.SURIN GEORGE IPE-SC, SMT.PARVATHY.K-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 25421 OF 2022

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JUDGMENT

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The petitioners say that they are included in Ext.P1 Rank List for being appointed as Office Attendants in the services of 'St.Peters

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College', Kolenchery ('College', for short).

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The petitioners allege that, even though vacancies are still available, they have been denied appointment by the College merely saying that validity of the Rank List has now expired; but they assert that this is untenable and impermissible in law.

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The petitioners argue that, as long as

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the vacancies available at the time when the Rank List came into force remain unfilled, the

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College is bound to appoint from it and cannot take a stand that it has now expired.

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The afore submissions of Sri.B.N.Shiv

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Shanker – learned counsel for the petitioners,

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WP(C) NO. 25421 OF 2022

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were, interestingly, answered by Smt.Parvathy

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Kottol – learned Government Pleader, saying that the official Authorities have not stipulated any

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life time for the Rank List; and that if there

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are vacancies remaining unfilled, which were available at the time when it was brought into force, then nothing stops the College from filling it up as per law, following the

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provisions of reservation as are applicable.

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Smt.Megha Mukundeswar – learned counsel appearing for the College, submitted that her client has no inhibition in appointing the petitioners from Ext.P1 Rank List; but they are concerned that same will not be approved by the

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competent Authority on the ground that it has now expired.

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Sri.Surin George Ipe – learned Standing

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Counsel for the Mahatma Gandhi University,

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submitted that his client has nothing to offer

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WP(C) NO. 25421 OF 2022

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in answer to the assertions in this writ

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petition, since it is between the petitioners and the College.

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When I evaluate and consider the afore

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submissions, it is clear that Ext.P1 Rank List was prepared by the “Staff Selection Committee”

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of the College, consequent to their

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deliberations on 23.04.2021 and 28.06.2021. It

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certainly says that same will be valid only for

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a period of one year from the date of

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'publication'; but there is nothing on record to show that when it was so published and what they mean by 'publication'.

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That said, I find substantial force in

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the contentions of the petitioners that,

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normally, those vacancies which were available when the Rank List came into force can only be

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filled up from it. I also do not see any

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provision in any of the applicable Rules or

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WP(C) NO. 25421 OF 2022

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Regulations as to how a Rank List can be given a particular life time by the Management; and in fact, the learned Government Pleader also

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affirms this. To draw an analogy, even the Rank

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List published by the Public Service Commission has validity of two years or more, subject to their Rules and Regulations.

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In the afore circumstances, I am left

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without any doubt that if there are vacancies still available, which existed at the time when Ext.P1 Rank List came into force, appointments will have to be made from it, subject to the ranking of the petitioners.

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Resultantly, I order this writ petition and

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direct the 1^st respondent – “St.Peters College

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Trust” to consider the claim of the petitioners for appointment based on Ext.P1 Rank List, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of

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WP(C) NO. 25421 OF 2022

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this judgment.

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I make it clear that any appointment to be made by the College in terms of the afore directions shall be considered and approved by the competent statutory Authorities, without citing the reason that the Rank List has expired, but subject to all other imperative and statutory conditions and criterion being met and satisfied.

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Sd/DEVAN RAMACHANDRAN JUDGE

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akv

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WP(C) NO. 25421 OF 2022

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APPENDIX OF WP(C) 25421/2022

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE SELECTION COMMITT	MINUTES OF THE STAFF EE.
EXHIBIT P2	TRUE COPY OF THE	ORDER DATED 16.05.2017.
EXHIBIT P3	TRUE COPY OF THE DETAILS OF NON - RESPONDENT.	STATEMENT SHOWING THE TEACHING STAFF OF 1ST
EXHIBIT P4	TRUE COPY OF THE SENIORITY LIST OF OF THE 1ST RESPON 27/6/2022.	DETAILS OF CATEGORY VICE THE NON - TEACHING STAFF DENT COLLEGE AS ON
EXHIBIT P5	TRUE COPY OF THE RESPONDENT DATED	NOTICE ISSUED BY THE 1ST 2.3.2021.

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RESPONDENT'S/S EXHIBITS :

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EXHIBIT	R1(A) TRUE COPY 30.6.2021 29.6.2021.	OF THE ISSUED	PROMOTION ORDERS DATED TO THE APPOINTEES DATED
EXHIBIT	R1(B) TRUE COPY RESPONDENT	OF THE DATED	LETTER ISSUED BY THE 4TH 19.11.2020.
EXHIBIT	R1(C) TRUE COPY RESPONDENT	OF THE DATED	PROCEEDINGS OF THE 4TH 22.12.2021.
EXHIBIT	R1(D) TRUE COPY AS ON 01.0	OF THE 8.2022	NON-TEACHING STAFF STATUS .

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//TRUE COPY// P.A. TO JUDGE

Stanly Varghese v. St.Peters College Trust

Case brief

What is this about?

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Stanly Varghese v. St.Peters College Trust

Case brief

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