Allowed

Kr'S Sree Narayana College v. Preetha Kumar T

Kerala HC10 Nov 2022WP(C)/31866/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition challenging an order directing reinstatement of an employee based on recommendations from a non-statutory Staff Grievance Redressal Committee. The Court set aside the order and directed the University to reconsider the matter regarding the Committee's status within a month.

What did the court decide?

Set set aside the impugned order (Ext.P6) and directed the Registrar to hear both parties and decide the fate of the Committee's recommendations within one month.

Kr'S Sree Narayana College Vs Preetha Kumar T — Education and Admissions | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

THURSDAY, THE 10^TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944

¶5

WP(C) NO. 31866 OF 2022

¶6

PETITIONER:

¶7

KR'S SREE NARAYANA COLLEGE, THOZHUVANOOR, P.O, VALANCHERY, MALAPPURAM - 676552, REPRESENTED BY ITS MANAGER, SHIJU M.G.

¶8

BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN (P-212) T.C.KRISHNA C.ANIL KUMAR ASHA K.SHENOY PRATAP ABRAHAM VARGHESE

¶9

RESPONDENTS:

¶10

1 PREETHA KUMAR T, THEKKEPURATH HOUSE, VIVA APARTMENTS, KALADI PO, MALAPPURAM 679 582. 2 THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO, THENJIPALAM PO, MALAPPURAM, KERALA - 673 635. 3 THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO, THENJIPALAM PO, MALAPPURAM, KERALA - 673 635. 4 UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO, THENJIPALAM PO, MALAPPURAM, KERALA 673 635, REPRESENTED BY ITS REGISTRAR. BY ADVS. M.KIRANLAL R.RAJESH (VARKALA) MANU RAMACHANDRAN SAMEER M NAIR GEETHU KRISHNAN

¶11

WP(C) NO. 31866 OF 2022

¶12

¶13

SAILAKSHMI MENON

¶14

SRI.P.C.SASIDHARAN-SC

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NO. 31866 OF 2022

¶17

¶18

JUDGMENT

¶19

The petitioner, which is a Self-Financing

¶20

College, has approached this Court impugning

¶21

Ext.P6 order of the Joint Registrar of Calicut University, addressed to its

¶22

Principal, directing them to reinstate the 1^st

¶23

respondent in service, based on the

¶24

recommendations of the “Staff Grievance

¶25

Redressal Committee”. (hereinafter called as “Committee” for short)

¶26

Smt.Preethi Ramakrishnan – learned

¶27

counsel appearing for the petitioner,

¶28

vehemently argued that University could not have issued Ext.P6, based on the

¶29

recommendations of a non statutory committee

¶30

and argued that the “Committee” is only one

¶31

such. She submitted that their recommendations

¶32

have no binding force, either on the

¶33

¶34

WP(C) NO. 31866 OF 2022

¶35

University or on the Colleges affiliated to

¶36

it; and therefore, that the impugned action of the Joint Registrar is peremptorily illegal and unlawful.

¶37

In response, however, Sri.P.C.Sasidharan

¶38

– learned Standing Counsel for the Calicut University, submitted that this writ petition is not maintainable because the petitioner had voluntarily accepted the jurisdiction of the afore Committee and had participated in the

¶39

processes before it. He contented that, therefore, that the petitioner having done so with full volition, they cannot now turn around

¶40

and take a contention that Ext.P6 is not

¶41

proper. He thus prayed that this writ petition be dismissed.

¶42

Sri.Kiran Lal – learned counsel

¶43

appearing for the 1^st respondent, adopted the

¶44

afore submissions of the learned Standing

¶45

WP(C) NO. 31866 OF 2022

¶46

¶47

Counsel for the University, saying that his client has been unfairly terminated from service by the petitioner and has been

¶48

subjected to processes which are unheard in law; and thus argued that the aforementioned Committee was fully justified in having made

¶49

their recommendations to reinstate his client in their service. He predicated that, therefore, Ext.P6, which only accepts the recommendations of the “Committee” and orders and implementation of the same, can never be assailed by the petitioner.

¶50

Though this Court feels that the afore contentions of Sri.P.C.Sasidharan has some force, the real question is whether the “Staff Grievance Redressal Committee” is a Statutory

¶51

Body and whether its recommendations have a

¶52

binding force on the University, or on the Colleges concerned. The Joint Registrar of

¶53

WP(C) NO. 31866 OF 2022

¶54

¶55

the University ought to have certainly considered that aspect also, before issuing Ext.P6.

¶56

That said, as I have already said

¶57

above, the contention of Sri.P.C.Sasidharan

¶58

that the petitioner – College had voluntarily accepted the jurisdiction of the “Committee”

¶59

and had participated in its processes, was a vital issue, to be adverted to by the Registrar, while the orders were issued. However, since none of these aspects have been decided in Ext.P6 and since it cannot be done by this Court at the first instance, while acting under Article 226 of the Constitution of India, I am certainly of the view that the matter requires to be reconsidered by the

¶60

competent Authority, after hearing both sides.

¶61

That said, since I notice that the

¶62

controversy between the parties have been

¶63

WP(C) NO. 31866 OF 2022

¶64

¶65

pending for some time, I am certain that the action which I propose to order herein, must be completed without any avoidable delay.

¶66

Resultantly, I allow this writ petition and set aside Ext.P6; with a consequential direction to the 2^nd respondent – Registrar or

¶67

such other competent Authority of the University, to hear the petitioner, as well as

¶68

the 1^st respondent and take a decision regarding the recommendations of the

¶69

aforementioned “Committee”, adverting to my observations above, as expeditiously as is possible, but not later than one month from

¶70

the date of receipt of a copy of this judgment.

¶71

In order to obtain an expeditious compliance of the afore directions, I direct the parties to mark appearance before the

¶72

Registrar at 11 A.M. on 16.11.2022, on which

¶73

WP(C) NO. 31866 OF 2022

¶74

¶75

day, said Authority may either hear them, or fix another convenient date for hearing and issue appropriate orders within the afore fixed time frame.

¶76

Needless to say, every other contentions of the parties are left open to be impelled before the Registrar or such other competent Authority, while the afore exercise is completed; thus leaving liberty to the rival sides to do so.

¶77

Sd/-

¶78

DEVAN RAMACHANDRAN

¶79

JUDGE

¶80

SAS

¶81

WP(C) NO. 31866 OF 2022

¶82

¶83

APPENDIX OF WP(C) 31866/2022

¶84

PETITIONER'S EXHIBITS

¶85

Exhibit P1 TRUE COPY OF LETTER OF APPOINTMENT DATED 30/1/2017 ISSUED TO THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF LETTER DATED 17/2/2021 FROM THE 1ST RESPONDER TO THE PRINCIPAL OF THE COLLEGE. Exhibit P3 TRUE COPY OF ORDER OF TERMINATION DATED 12/8/2022 ISSUED TO THE 1ST RESPONDENT. Exhibit P4 TRUE COPY OF LETTER DATED 1/9/2022 RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF LETTER DATED 2/9/2022 SUBMITTED BY THE PRINCIPAL OF THE COLLEGE BEFORE THE COMMITTEE FOR REDRESSAL OF GRIEVANCE OF SELF FINANCING COLLEGE TEACHERS AND STAFF. Exhibit P6 TRUE COPY OF LETTER DATED 24/9/2022 OF THE 2ND RESPONDENT.

¶86

//TRUE COPY//

¶87

P.A. TO JUDGE

Kr'S Sree Narayana College v. Preetha Kumar T

Case brief

What is this about?

What did the court decide?

Kr'S Sree Narayana College v. Preetha Kumar T

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

A. Shajahan Vs Kulasekharapuram Service Co-Operative Bank Ltd. No. 995

Reshmi R Vs the Kulasekharapuram Service Co-Operative Bank Ltd. NO.955

The Chairman Vs Bindu Mohan N.

K.Vijayambika Vs the Kerala Co-Operative Employees Pension Board

Manjukumari L. Vs Joint Registrar of Co-Operative Societies (General)

Vimitha Vijayan, Vs State of Kerala