Allowed

Jaisal C.P., v. State of Kerala

Kerala HC26 Aug 2022WP(C)/6528/2021

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What is this about?

The Kerala High Court allowed a writ petition filed by a technical assistant regarding non-approval of his appointment due to qualification confusion. The Court held that the petitioner's B.Tech qualification meets the requisite standards based on a Government Order issued in July 2022.

What did the court decide?

Directed the 2nd respondent to approve the petitioner's appointment as Technical Assistant within one month and disburse all eligible benefits within another month.

Jaisal C.P., Vs State of Kerala — Pension and Retirement Benefits | 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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FRIDAY, THE 26^TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944

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WP(C) NO. 6528 OF 2021

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PETITIONER:

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JAISAL C.P., AGED 33 YEARS S/O. SHAMSUDHEEN C. P., TECHNICAL ASSISTANT, MES KALLADI COLLEGE, MANNARKKAD COLLEGE P. O., PALAKKAD, PIN - 678 583. BY ADVS. N.KRISHNA PRASAD SRI.IMAM GRIGORIOS KARAT

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 001.

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3 THE MUSLIM EDUCATIONAL SOCIETY REPRESENTED BY ITS CORRESPONDENT AND CHAIRMAN, BANK ROAD, KOZHIKODE, PIN - 673 001.

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BY ADV BABU KARUKAPADATH

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OTHER PRESENT:

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SRI.JOSHY THANNICKKAMATTAM-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6528 OF 2021

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JUDGMENT

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Even though there are various assertions and allegations made and urged in this Writ Petition, it is without contest that all of them now stand resolved through Ext.P12 Order of the Government of K erala, dated 30/07/2022.

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2 . The petitioner, th rough his learned counsel – Sri.N.Krishna Prasad, argues that he is fully qualified to hold the post of Technical Assistant in the “MES Kalladi College”, Mannarkadu, since he has acquired B.Tech Degree in Computer Science and Engineering. He asserts that, even this being so, his client's appointment was not approved, because there was a confusion on the afore mentioned qualification.

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3 . Sri.N.Krishna Prasad today submitted that Ext.P12 order of the Government would clearly show that his client’s qualifications are found to be requisite for the post in question; and, therefore, prayed that this Writ Petition be allowed.

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4 . Sri.Joshy Thanikkamattom – learned Senior

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Government Pleader, affirmed that Ext.P12 Order has been

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WP(C) NO. 6528 OF 2021

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issued by the Government; and that he leaves it to the Court to take an apposite decision with respect to the claims of the petitioner.

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Sri.Babu Karukapadath – learned Standing Counsel for the 3 rd respondent – Society, submitted that the proposal for approval of the appointment of the petitioner has already been forwarded to the 2^nd respondent and thus prayed that no further orders be issued against them.

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When I consider Ext.P12, it is without doubt that the petitioner's qualification has been found to be equivalent to the ones prescribed.

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I am, therefore, of the firm view that petitioner is entitled to relief.

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Resultantly, I order this Writ Petition and direct the 2^nd respondent – Director of Collegiate Education, to issue appropriate orders approving the appointment of the petitioner as Technical Assistant in “MES Kalladi College”, based on the proposal for such purpose forwarded to it by the 3^rd

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WP(C) NO. 6528 OF 2021

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respondent, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

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Needless to say, on such exercise being completed, all eligible benefits to the petitioner shall be disbursed to him within a period of one month thereafter.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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ANB

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WP(C) NO. 6528 OF 2021

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APPENDIX OF WP(C) 6528/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE NOTIFICATION G.O.(MS) 119/04/H.EDN. DATED 17.09.2004 ISSUED BY THE GOVERNMENT. EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 5.7.2011. EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 13.05.2013 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 10.07.2013 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 5.3.2018 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 2.2.2017 FIRST RESPONDENT ADDRESSED TO THE SECOND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 5.5.2017 SENIOR JOINT DIRECTOR OF THE DIRECTORATE OF TECHNICAL EDUCATION ADDRESSED THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN WRIT PETITION (CIVIL) NO.26502/2017 ALONG WITH THE EXHIBITS. EXHIBIT P9 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE PETITIONER DATED 12.04.2018

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WP(C) NO. 6528 OF 2021

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ALONG WITH THE EXHIBITS.

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EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 9.2.2021 IN WP(C) NO.26502/2017. Exhibit P12 TRUE COPY OF THE G.O(RT) 1171/2022/H.EDN. DATED 30/07/2022

Jaisal C.P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jaisal C.P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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