Dismissed

Dr. Joshin Joseph v. the State of Kerala

Kerala HC24 Aug 2022WP(C)/8845/2020

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed three connected writ petitions filed by Dr. Joshin Joseph seeking appointment to various colleges. The judge closed the petitions without examining merits, relying on a prior judgment directing his appointment to Marian College, and left liberty to approach the court regarding compliance or future challenges to that prior judgment.

What did the court decide?

The petitions were closed; liberty to impel contentions if Marian College fails to comply with the prior appointment order or if that order is assailed.

Dr. Joshin Joseph Vs the State of Kerala — Service and Employment | 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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WEDNESDAY, THE 24^TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944

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WP(C) NO. 8845 OF 2020

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PETITIONER:

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DR. JOSHIN JOSEPH, AGED 28 YEARS S/O. P.C.JOSEPH, PARIYATH HOUSE, KURIYANAD P.O., KOTTAYAM-686 638

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SRI.RAJU SEBASTIAN VADAKKEKKARA SRI.S.KRISHNA KUMAR (MANGALAM) SHRI.SANTHOSH BHASKARAN NAIR SHRI.SABAD K.H. SHRI.BERTRAND BASIL

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RESPONDENTS:

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

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2 DIRECTOR, COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN-695 033 KERALA, INDIA.

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3 THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM, PIN-686 560.

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4 DEVA MATHA COLLEGE, KURUVILANGAD, REPRESENTED BY ITS MANAGER, KOTTAYAM-686 633.

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5 THE UNIVERSITY GRANTS COMMISSION NEW DELHI-110002.

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6 JITHIN JOY, AGED 28 YEARS, S/O. JOY, KOCHUMALAYIL HOUSE, KURAVILANGADU P.O., KOTTAYAM DISTRICT, PIN-686 633.

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7 THE SELECTION COMMITTEE FOR THE POST OF ASSISTANT PROFESSOR IN COMMERCE DEPARTMENT

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DEVA MATHA COLLEGE, KURUVILANGAD, REPRESENTED BY ITS CHAIRPERSON, (CHAIRPERSON OF THE GOVERNING BODY OF THE

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WP(C) NO. 8845 OF 2020 & con.cases

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COLLEGE) KOTTAYAM-686 633.

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SRI.ASOK M. CHERIAN, SC. SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.S.KRISHNAMOORTHY, CGC SRI.TONY GEORGE KANNANTHANAM SMT RESMI THOMAS-GP SRI.SURIN GEORGE IPE, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2022, ALONG WITH WP(C).9666/2021, 20275/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8845 OF 2020 & con.cases

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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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WEDNESDAY, THE 24^TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944

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WP(C) NO. 9666 OF 2021

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PETITIONER:

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DR.JOSHIN JOSEPH, AGED 29 YEARS S/O P.C.JOSEPH, PARIYATHU HOUSE, KUNIYANADU P.O, KOTTAYAM DISTRICT.

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SRI.RAJU SEBASTIAN VADAKKEKKARA SHRI.SABAD K.H. SHRI.SANTHOSH BHASKARAN NAIR SHRI.BERTRAND BASIL SRI.S.KRISHNA KUMAR (MANGALAM)

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN695001.

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2 DIRECTOR COLLEGIATE EDUCATION 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN-695033.

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3 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM, PIN-686560.

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4 ST.ALOYSIUS COLLEGE EDATHUA, REPRESENTED BY ITS MANAGER, ALAPPUZHA DISTRICT, PIN-689573.

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5 THE PRINCIPAL, ST.ALOYSIUS COLLEGE EDATHUA, ALAPPUZHA DISTRICT, PIN-689573.

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6 THE SELECTION COMMITTEE FOR THE POSTS OF ASSISTANT PROFESSORS IN COMMERCE DEPARTMENT, ST.ALOYSIUS COLLEGE, EDATHUA, REPRESENTED BY ITS CHAIR PERSON

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(CHAIR PERSON OF THE GOVERNING BODY OF THE

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WP(C) NO. 8845 OF 2020 & con.cases

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COLLEGE, ALAPPUZHA, PIN-689573).

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7 TONY THOMAS, DEPARTMENT OF COMMERCE, ST.ALOYSIUS COLLEGE, EDATHUA, ALAPPUZHA , VELUTHEDATHU PARAMBIL HOUSE, MARIYAPURAM, EDATHUA , PIN689573.

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8 LIPSON LONAPPAN, THELLIYHIL HOUSE, CHANGANASSERY P.O, EDATHUA, ALAPPUZHA DISTRICT, IN-689573. 9 MANOJ XAVIER, KOCHUPARAMBU HOUSE, MAMPUZHAKKARY, RAMANKARY P.O, ALAPPUZHA, KERALA-689595. SRI.ASOK M. CHERIAN, SC SRI.VIVEK VARGHESE P.J. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.K.N.REMYA SMT.L.ANNAPOORNA SRI.VISHNU V.K. SRI.ABHIRAMI K. UDAY SRI.KURUVILLA SABU CHRISTY SRI.VARUGHESE M EASO SRI.SURIN GEORGE IPE, SC. SRI.JOSHY THANIKKAMATTAM-G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2022, ALONG WITH WP(C).8845/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8845 OF 2020 & con.cases

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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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WEDNESDAY, THE 24^TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944

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WP(C) NO. 20275 OF 2021

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PETITIONER:

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DR. JOSHIN JOSEPH, AGED 30 YEARS S/O P.C.JOSEPH, PARIYATH HOUSE, KURIANAD P.O, KOTTAYAM-686636.

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SRI.RAJU SEBASTIAN VADAKKEKKARA SRI.SABAD K.H. SRI.SANTHOSH BHASKARAN NAIR SRI.BERTRAND BASIL

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, STATE SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 DIRECTOR, COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O,, THIRUVANANTHAPURAM, PIN-695033, KERALA, INDIA.

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3 THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM , PIN-686560.

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4 ST.XAVIER'S COLLEGE VAIKOM, KOTHAVARA P.O, VAIKOM, REPRESENTED BY ITS MANAGER, PIN-686607.

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5 COMMISSIONER, STATE COMMISSION ORATE FOR PERSONS WITH DISABILITIES, SASTHAMANGALAM, THIRUVANANTHAPURAM-695010.

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6 DR.BIJU.M.JOHN. SUBJECT EXPERT IN THE SELECTION COMMITTEE, ST.THOMAS COLLEGE THRISSUR-680001.

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7 DR. P.T.BABURAJ.

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WP(C) NO. 8845 OF 2020 & con.cases

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UNIVERSITY REPRESENTATIVE FOR PHYSICALLY HANDICAPPED, SCHOOL BEHAVIORAL SCIENCE, MG UNIVERSITY. KOTTAYAM-686560.

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SRI.SURIN GEORGE IPE SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2022, ALONG WITH WP(C).8845/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8845 OF 2020 & con.cases

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JUDGMENT

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[WP(C) Nos.8845/2020, 9666/2021, 20275/2021]

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The petitioner in these three cases are the same – Dr.Joshin Joseph.

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I do not propose to go into the merits of any of the allegations and assertions of the petitioner in these cases because I am aware, as is also conceded, that this Court has directed that he be appointed in Marian College, Kuttikanam through the judgment in W.P.(C) No.4888/2022 filed by him.

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Obviously, the petitioner cannot be appointed to any of the Colleges involved in these cases.

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For the afore reasons, I close these writ petitions; however, leaving liberty to the petitioner to impel all contentions, if so required in future.

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I also leave liberty to the petitioner to seek a rehearing of these writ petitions, should, for any reason, the judgment in W.P.(C) No.4888/2022 is either not complied with by the Marian College, Kuttikanam or it is assailed or set aside in future.

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Sd/- DEVAN RAMACHANDRAN JUDGE

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stu

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WP(C) NO. 8845 OF 2020 & con.cases

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APPENDIX OF WP(C) 9666/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE STANDING DISABILITY BOARD DATED 4/7/2017.
EXHIBIT P2	TRUE COPY OF THE NET CERTIFICATE ISSUED TO THE PETITIONER DATED 13.01.2013.
EXHIBIT P3	TRUE COPY OF THE JRF AWARD LETTER DATED 2012 DECEMBER FROM THE UNIVERSITY GRANTS COMMISSION.
EXHIBIT P4	TRUE COPY OF THE PHD (COMMERCE) CERTIFICATE AWARDED TO THE PETITIONER DATED 20.09.2019.
EXHIBIT P5	TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED IN THE NAME OF PETITIONER BY THE VILLAGE OFFICER MONIPALLY DATED 17/03/2021.
EXHIBIT P6	TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE UNIVERSITY NEWS WEEKLY OF DECEMBER- 14/2020.
EXHIBIT P7	TRUE COPY OF THE APPLICATION FOR TEACHING STAFF APPOINTMENT DATED 213.12.2020.
EXHIBIT P8	TRUE COPY OF THE CALL LETTER DATED 08.02.2021 FROM ST.ALOYSIUS COLLEGE.
EXHIBIT P9	TRUE COPY OF THE RANK LIST FOR ASSISTANT PROFESSOR PREPARED BY THE SELECTION COMMITTEE DATED 20.02.2021.
EXHIBIT P10	TRUE COPY OF THE SCORE SHEET PREPARED BY THE SELECTION COMMITTEE.
EXHIBIT P11	TRUE COPY OF THE RELEVANT PAGES OF THE M.G.UNIVERSITY STATUTES,1997.
EXHIBIT P12	TRUE COPY OF THE G.O(P) NO.18/2018 SJD DATED 18/11/2018 ISSUED BY THE SOCIAL JUSTICE DEPARTMENT.

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WP(C) NO. 8845 OF 2020 & con.cases

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EXHIBIT P13 TRUE COPY OF THE ORDER GO(MS) NO.96/2021/HEDN ISSUED BY THE HIGHER EDUCATION (D) DEPARTMENT DATED 15.02.2021. EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF THE UGC REGULATIONS FOR APPOINTMENTS.

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WP(C) NO. 8845 OF 2020 & con.cases

PETITIONER EXHIBITS

Exhibit P1	TRUE COPY OF THE CERTIFICATE FOR UGC-NET FOR LECTURESHIP DATED JUNE 2012.
Exhibit P2	TRUE COPY OF THE CERTIFICATE FOR JRF DATED DECEMBER 2012.
Exhibit P3	TRUE COPY OF THE CERTIFICATE OF PHD AWARDED TO THE PETITIONER DATED 20.09.2019.
Exhibit P4	TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE STANDING DISABILITY BOARD DATED 4/7/2017.
Exhibit P5	TRUE COPY OF THE G,O(P) NO.18/2018 SJD DATED 18.11.2018 THIRUVANANTHAPURAM.
Exhibit P6	TRUE COPY OF THE NOTIFICATION NO.ESTT/TS/2021 DATED 02/2021 IS PRODUCED HERE WITH AND MARKED AS.
Exhibit P7	TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 13.03.2021.
Exhibit P8	TRUE COPY OF THE CALL LETTER DATED 21.06.2021 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT COLLEGE.
Exhibit P9	TRUE COPY OF THE RTI APPLICATION DATED 26.06.2021 SUBMITTED TO THE 4TH RESPONDENT COLLEGE BY THE PETITIONER.
Exhibit P10	TRUE COPY OF THE RTI REPLY DATED 17.07.2021 REGARDING THE DETAILS OF APPOINTMENTS WERE MADE FROM 07.02.1996 TO UNTIL NOW IN THE 4TH RESPONDENT COLLEGE, AND THE DETAILS OF HANDICAPPED CANDIDATES ATTENDED THE INTERVIEW (WITH ENGLISH TRANSLATION).
Exhibit P11	TRUE COPY OF THE ORDER GO(MS) NO.96/2021/HEDN THIRUVANANTHAPURAM DATED 15.02.2021.

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WP(C) NO. 8845 OF 2020 & con.cases

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Exhibit P12	TRUE COPY OF THE RANK LIST ALONG WITH SCORE SHEET PREPARED BY THE SELECTION COMMITTEE, OBTAINED THE APPLICANT UNDER RIGHT DATED 08.09.2021 TO INFORMATION ACT (WITH ENGLISH TRANSLATION).
Exhibit P13	TRUE COPY OF THE LIST OF ASSISTANT PROFESSORS IN COMMERCE IN ST.THOMAS COLLEGE PALA DURING THE PERIOD FROM 2011 TO 2021 OBTAINED BY THE PETITIONER UNDER RTI ACT FROM ST.THOMAS COLLEGE PALA DATED 24.08.2021.
Exhibit P14	TRUE COPY OF THE APPLICATION FORM DATED 31.08.2019 OBTAINED UNDER RIGHT TO INFORMATION ACT.
Exhibit P15	TRUE COPY OF THE DOCTORAL DEGREE AWARDED TO THE CANDIDATE BY CUSAT WHO SELECTED AS 3RD IN THE EXT P12 RANK LIST.
Exhibit P16	TRUE COPY OF THE NOTIFICATION OBTAINED FROM CUSAT BY THE PETITIONER UNDER RTI.
Exhibit P17	TRUE COPY OF THE LIST OF PANEL OF SELECTION COMMITTEE IN MAHATMA GANDHI UNIVERSITY OBTAINED UNDER RIGHT TO INFORMATION ACT TO THE PETITIONER FROM MG UNIVERSITY.
Exhibit P18	TRUE COPY OF THE REPRESENTATION DATED 17.04.2021 SUBMITTED TO THE 3RD RESPONDENT BY THE PETITIONER THROUGH EMAIL.
Exhibit P19	TRUE COPY OF THE COMPLAINT DATED 06.09.2021 SUBMITTED TO HON'BLE GOVERNOR BY THE PETITIONER THROUGH EMAIL.
Exhibit P20	TRUE COPY OF THE REPRESENTATION DATED 12.09.2021 SUBMITTED TO THE 4TH RESPONDENT MANAGER BY THE PETITIONER.
Exhibit P21	TRUE COPY OF THE RELEVANT PAGES OF THE HAND BOOK ISSUED BY THE SOCIAL JUSTICE DEPARTMENT.

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WP(C) NO. 8845 OF 2020 & con.cases

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Exhibit P22 TRUE COPY OF THE INTERIM ORDER PASSED DATED 12.08.2021 BY THIS HON'BLE COURT IN WPC NO.3364/2021.

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RESPONDENT EXHIBITS

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Exhibit R4 A TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(MS) NO.242/2022/HEDN DATED 18/5/2022

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WP(C) NO. 8845 OF 2020 & con.cases

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APPENDIX OF WP(C) 8845/2020

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE STANDING DISABILITY BOARD DATED 4.7.2017.
EXHIBIT P2	TRUE COPY OF THE CERTIFICATE OF UGC-NET FOR LECTURESHIP DATED JUNE 2012.
EXHIBIT P2(A)	TRUE COPY OF THE CERTIFICATE FOR JRF DATED DECEMBER 2012.
EXHIBIT P3	TRUE COPY OF THE CERTIFICATE OF PHD AWARDED TO THE PETITIONER 20.9.2019.
EXHIBIT P4	TRUE COPY OF THE NOTIFICATION DATED 12.8.2019 OF DEVAMATHA COLLEGE, KURUVILANGAD.
EXHIBIT P5	TRUE COPY OF THE RELEVANT PAES OF UGC REGULATIONS DATED 18.7.2018.
EXHIBIT P6	TRUE COPY OF THE CALL LETTER DATED 17.12.2019 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT COLLEGE.
EXHIBIT P7	TRUE COPY OF THE RANK LIST DATED 6.2.2020 OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P8	TRUE COPY OF THE APPLICATION FORM OF 4TH RESPONDENT DEVAMATHA COLLEGE, KURAVILANGADU.
EXHIBIT P9	TRUE COPY OF THE CRITERIA FOR SHORT LISTING CANDIDATES FOR THE POST OF ASSISTANT PROFESSORS IN COLLEGES OF MG UNIVERSITY.
EXHIBIT P10	TRUE COPY OF THE GOP NUMBER 18/2018 SJD THIRUVANANTHAPURAM DATED 18.11.2018.
Exhibit P11	TRUE COPY SCORE SHEET IN APPENDIX I CRITERIA FOR SHORT LISTING OF CANDIDATES AND SCORE SHEET FOR THE POST OF ASSISTANT PROFESSORS IN COMMERCE

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WP(C) NO. 8845 OF 2020 & con.cases

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(OPEN QUOTA) AS PER ORDER NO.2018/AC/B1/2019/MGU DATED 17.05.2019 FROM ACADEMIC B1 SECTION, MG UNIVERSITY KERALA.

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Exhibit P12 TRUE COPY OF THE LETTER NO.A2-896/20182019/RTI, DATED 07.02.2019 OBTAINED BY THE PETITIONER WITH REGARD TO THE DETAILS OF APPOINTMENT OF PWD CANDIDATES IN THE 4TH RESPONDENT INSTITUTION UNDER THE RIGHT TO INFORMATION ACT 2005, ALONG WITH ITS ENGLISH TRANSLATION. Exhibit P13 TRUE COPY OF THE ORDER NO.5148/ACB2/2020/MGU, DATED 04.11.2020, ALONG WITH ITS ENGLISH TRANSLATION. Exhibit P14 TRUE COPY OF THE G.O.(MS) NO.96/2021/HEDN, DATED 15.02.2021.

Dr. Joshin Joseph v. the State of Kerala

Case brief

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Dr. Joshin Joseph v. the State of Kerala

Case brief

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