The High Court dismissed petitions challenging the Kerala Administrative Tribunal's order that set aside promotions of Principals made under the Service Rules. It held that UGC Regulations 2010 must be followed for selection, requiring a selection committee and performance-based appraisal.
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 MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945
OP(KAT) NO. 183 OF 2023
AGAINST THE ORDER DATED 16/12/2022 IN O.A.NO.668/2019 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
RA 2/2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER:
DR. K.K.DAMODARAN, AGED 55 YEARS, PRINCIPAL, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM, KERALA, PIN – 695014.
BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY
RESPONDENTS:
OP)KAT) No.183/2023 and conn.cases 2
THIRUVANANTHAPURAM , KERALA, PIN – 695033.
(IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT NO.15 AS PER ORDER DATED 12/10/2023 IN OP(KAT)
OP)KAT) No.183/2023 and conn.cases 3
183/2023).
BY ADVS. ARAVINDA KUMAR BABU T.K. S. KRISHNAMOORTHY, SC, UGC ELIZEBATH GEORGE SANDRA SUNNY ARUN KUMAR M.A SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL() BY SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 06.11.2023, ALONG WITH OP(KAT).199/2023, 200/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP)KAT) No.183/2023 and conn.cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945
OP(KAT) NO.199 OF 2023
AGAINST THE ORDER DATED 16/12/2022 IN O.A.NO.668/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
RA 3/2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER:
DR.ANURADHA V.K., AGED 52 YEARS, PRINCIPAL, GOVERNMENT COLLEGE, CHELAKKARA, THRISSUR -680586, KERALA.
BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY
RESPONDENTS:
OP)KAT) No.183/2023 and conn.cases 5
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM KERALA, PIN – 695001.
OP)KAT) No.183/2023 and conn.cases 6
ADDL.R15 UNIVERSITY GRANTS COMMISSION (UGC), BAHADUR SHAH SAFAR MARG, NEW DELHI-110002.
(IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT NO.15 AS PER ORDER DATED 12/10/2023 IN OP(KAT) 199/2023).
BY ADVS. ARAVINDA KUMAR BABU T.K. PUBLIC PROSECUTOR S.KRISHNAMOORTHY, SC, UGC ELIZEBATH GEORGE SANDRA SUNNY ARUN KUMAR M.A SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL BY SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 06.11.2023, ALONG WITH OP(KAT).183/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP)KAT) No.183/2023 and conn.cases 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 OP(KAT) NO. 200 OF 2023
AGAINST THE ORDER DATED 16/12/2022 IN O.A.NO.668/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
RA 7/2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONERS:
4 DR. USHAKUMARI D., AGED 58 YEARS, D/O V APPUKUTTAN ACHARY, PRINCIPAL, GOVERNMENT
OP)KAT) No.183/2023 and conn.cases 8
COLLEGE, THIRUR, MALAPPURAM 676505, (RETIRED PRINCIPAL, GOVT. COLLEGE, THIRUR), RESIDING AT MULLAMATTUM, MUNDAKKAL, KOLLAM, PIN – 691001.
5 DR. MAYA K S, AGED 59 YEARS, D/O.LATE M BHUVANENDRAN, PRINCIPAL, GOVERNMENT COLLEGE, MALAPPURAM 676505, KERALA, (RETIRED PRINCIPAL, GOVT. COLLEGE, MALAPURAM), RESIDING AT SREELAKSHMI HOUSE, EDAPPALLY NORTH P.O., ERNAKULAM, PIN – 682024.
BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY
RESPONDENTS:
1 BABU S., AGED 54 YEARS, S/O SUKUMARAN, ASSOCIATE PROFESSOR, PRESENTLY WORKING AT UNIVERSITY COLLEGE, THIRUVANANTHAPURAM -695034 RESIDENT OF NANDANAM, T.C. 9/2293, EDAVACODE, SREEKARIYAM P.O., THIRUVANANTHAPURAM, KERALA, PIN – 695017.
OP)KAT) No.183/2023 and conn.cases 9
ADDL.R9 UNIVERSITY GRANTS COMMISSION (UGC), BAHADUR SHAH SAFAR MARG,NEW DELHI-110002. (IS SUO MOTU IMPLEADED AS PER ORDER DATED 12/10/2023 IN OP(KAT) 200/2023.) BY ADVS. ARAVINDA KUMAR BABU T.K. S. KRISHNAMOORTHY, SC, UGC ELIZEBATH GEORGE SANDRA SUNNY ARUN KUMAR M.A SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL()
OP)KAT) No.183/2023 and conn.cases 10
BY SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 06.11.2023, ALONG WITH OP(KAT).183/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
OP)KAT) No.183/2023 and conn.cases 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 OP(KAT) NO. 201 OF 2023
AGAINST THE ORDER DATED 16/12/2022 IN O.A.NO.668/2019 OF THE KERALA ADMINISTRATIVE TRIBUNAL
RA 4/2023 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER:
DR. SUNIL JOHN J., AGED 52 YEARS, S/O.JOHNSON J, FORMER PRINCIPAL, GOVERNMENT COLLEGE, MANJESWARAM, KASARAGOD- 671323, NOW WORKING AS DEPUTY DIRECTOR, COLLEGIATE EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695003, RESIDING AT PAL SHADE, VIRALY, UCHAKADA P.O., THIRUVANANTHAPURAM, KERALA, PIN - 695506
BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY
RESPONDENTS:
OP)KAT) No.183/2023 and conn.cases 12
PIN – 695017.
OP)KAT) No.183/2023 and conn.cases 13
PIN – 695014.
14 DR.P.P.JAYAKUMAR, GOVERNMENT COLLEGE, PERINGOM, KANNUR, KERALA.
ADDL.R15 UNIVERSITY GRANTS COMMISSION (UGC), BAHADUR SHAH SAFAR MARG, NEW DELHI-110002.
(IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT NO.15 AS PER ORDER DATED 12/10/2023 IN OP(KAT) 201/2023.)
BY SRI.S.KRISHNAMOORTHY, SC, UGC BY SRI.M.S.RADHAKRISHNAN NAIR BY SRI.ELIZEBATH GEORGE
BY SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 06.11.2023, ALONG WITH OP(KAT).183/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
OP)KAT) No.183/2023 and conn.cases 14
J U D G M E N T
[OP(KAT) Nos.183/2023, 199/2023, 200/2023 & 201/2023]
A.Muhamed Mustaque, J .
These matters arose in the context of appointment of Principals in the Government Colleges in the State dehors UGC Regulation 2010. Admittedly, they have been promoted on the basis of the evaluation made by the DPC constituted in terms of Kerala State and Subordinate Service Rules, 1958 (for short, the Service Rules) . On a challenge made before the Kerala Administrative Tribunal(for short, the 'Tribunal'), the challenge was sustained and the appointments of Principals have been interfered with. Those appointees have come up with these Original Petitions challenging the order of the Tribunal.
OP)KAT) No.183/2023 and conn.cases 15
OP)KAT) No.183/2023 and conn.cases 16
Colleges and non-government Colleges. The objective behind UGC Regulations 2010 is to enhance academic standards. It is to achieve that objectives, UGC Regulations have been framed. It may be true but there will not be a Governing Body in Government College as rightly pointed out by the learned counsel for the petitioners. On a close reading of the relevant regulations, it can be seen that there are two parts, one is in regard to the composition of the selection committee, which represents the executive administration of the college and the other represents academic experts. If there is no Governing Body, nothing prevents the Government from acting on the UGC Regulations by nominating such representatives of the Government for forming such selection committee. In those matters, it is for the Government to ensure that its representatives are part of the selection committee and the Government should also choose one of its nominees as a chairperson. This will not dilute the regulations of UGC. Merely because UGC referred the Governing Body, that itself does not mean that the Government cannot have a different composition in representing academic administration. UGC Regulations 2010 only indicate that some representatives should be part of the election committee representing academic administration. Therefore, this regulation can be read down in regard to Government Colleges to mean that such
OP)KAT) No.183/2023 and conn.cases 17
officials as nominated by the Government. The selection procedure as laid down by the UGC would clearly indicate that the selection has to be based on performance appraisal and not with reference to the evaluation of ACR as done under the Service Rules. The performance appraisal is based on academic parameters and indicators and not merely related to the past conduct of the candidates concerned. UGC mandates that the selection committee should be as notified in UGC Regulation, that means the selection committee as noted above will have to be there for selection. Therefore, there should be a selection committee to select the Principals which cannot be done through a normal DPC constituted under the Service Rules. Thus, these original petitions stand dismissed. However, we direct the Government to act on the direction of the Tribunal within two months.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
ln
OP)KAT) No.183/2023 and conn.cases 18
APPENDIX OF OP(KAT) 199/2023
PETITIONER'S ANNEXURES:
ANNEXURE A1 THE TRUE COPY OF THE GO(P) NO.41/94H.EDN DATED 21.03.1994 ALONG WITH RELEVANT PAGES OF SPECIAL RULES OF GOVERNMENT OF KERALA.
ANNEXURE A1(A) THE TRUE COPY OF THE GO(P) NO.114/94/H.EDN DATED 06.08.1994 OF GOVERNMENT OF KERALA.
ANNEXURE A2 THE TRUE COPY OF THE RELEVANT PAGE OF MEMORANDUM NO.F.3-1/2009 DATED 28.06.2010 RELEVANT PAGES OF UGC.
ANNEXURE A3 THE TRUE COPY OF TEH GO(P) NO.392/2010/H.EDN DATED 10.12.2010 GOVERNMENT OF KERALA.
ANNEXURE A4 THE TRUE COPY OF THE JUDGMENT DATED 17.07.2018 IN SLPS NO.18938-18942/2017 OF THE HONORABLE SUPREME COURT.
ANNEXURE A5 THE TRUE COPY OF THE GO(RT) NO.2327/2017/H.EDN DATED 23.12.2017 OF GOVERNMENT OF KERALA.
ANNEXURE A6 THE TRUE COPY OF THE GO(P) NO.1052/2018/H.EDN DATED 29.05.2018 OF GOVERNMENT OF KERALA.
ANNEXURE A7 THE TRUE COPY OF THE FINAL ORDER DATED 25.06.2018 IN OA(EKM) 202/2018 OF THE HONORABLE KAT.
ANNEXURE A8 THE TRUE COPY OF THE GO(RT) NO.2071/2018/H.EDN DATED 15.11.2018 OF THE 1ST RESPONDENT.
ANNEXURE R2(A) THE TRUE COPY OF LETTER
OP)KAT) No.183/2023 and conn.cases 19
NO.RIC(3)30655/98/GW DATED 07.10.1998 ISSUED BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM.
ANNEXURE R2(B) THE TRUE COPY OF GO(P) NO.10/207/H.EDN DATED 19.03.2017.
ANNEXURE A9 THE TRUE COPY OF GO(MS) NO.76/90/H.EDN DATED 23.03.1990 OF GOVERNMENT OF KERALA.
ANNEXURE A10 THE TRUE COPY OF GO(P) NO.171/99/H.EDN DATED 21.12.1999 OF GOVERNMENT OF KERALA.
ANNEXURE R2(C) THE TRUE COPY OF THE SENIORITY LIST FOR PROMOTION TO THE POST OF PRINCIPAL ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION.
ANNEXURE R2(D) THE TRUE COPY OF THE ORDER OF THE HONORABLE HIGH COURT IN OP(KAT) NO.1329/12 DATED 11.07.2013.
ANNEXURE A11 THE TRUE COPY OF ORDER NO.UGC CELL/2/3844/11/COLL.EDN DATED 03.03.2011 OF THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION.
ANNEXURE A12 THE TRUE COPY OF PH.D CERTIFICATE DATED 30.09.2008 ISSUED BY CUSAT.
ANNEXURE A12(A) THE TRUE COPY OF THE NOTIFICATION NO.EA1/3002/S/12/2007 DATED 26.03.2008 OF THE CONTROLLER OF EXAMINATION, CUSAT.
ANNEXURE A13 THE TRUE COPY OF THE RELEVANT PAGES OF TEH SCHEDULE FOR CLAUSE 6.8.0 OF THE UGC REGULATIONS 2010.
ANNEXURE RA1 THE CERTIFIED COPY OF THE ORDER DATED 16.12.2022 IN OA NO.668 OF 2019.
OP)KAT) No.183/2023 and conn.cases 20
ANNEXURE RA2 THE TRUE COPY OF THE REPRESENTATION DATED 04.01.2023 SUBMITTED BY THE REVIEW APPLICANT. EXHIBIT P1 THE CERTIFIED COPY OF THE ORDER DATED 16/12/2022 IN O.A.NO.668 OF 2019. EXHIBIT P2 THE CERTIFIED COPY OF THE ORDER DATED 3/3/2023 IN R.A.NO.3 OF 2023 IN O.A.NO.668 OF 2019. EXHIBIT P3 THE TRUE COPY OF THE ORIGINAL APPLICATION NUMBERED AS O.A. NO.668 OF 2019 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXHIBIT P4 THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN. EXHIBIT P5 THE TRUE COPY OF THE REJOINDER FILED BY THE 1ST RESPONDENT HEREIN TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT. EXHIBIT P6 THE TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN. EXHIBIT P7 THE TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE 1ST RESPONDENT HEREIN TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE REVIEW APPLICATION NUMBERED AS R.A. NO.3 OF 2023 IN O.A. NO.668 OF 2019 FILED BY THE PETITIONER.
RESPONDENTS EXHIBITS:
EXHIBIT R1(A) THE TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) NO 350/2022/HEDN DATED 02.03.2022, BY WHICH SELECTION COMMITTEE WAS CONSTITUTED IN TERMS OF 2018 REGULATION.
OP)KAT) No.183/2023 and conn.cases 21
EXHIBIT R1(B) THE TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) NO 1121/2020/HEDN DATED 08.09.2020.
OP)KAT) No.183/2023 and conn.cases 22
APPENDIX OF OP(KAT) 200/2023
PETITIONERS' ANNEXURES:
ANNEXURE A1 THE TRUE COPY OF THE GO(P) NO.41/94H.EDN DATED 21.03.1994 ALONG WITH RELEVANT PAGES OF SPECIAL RULES OF GOVERNMENT OF KERALA.
ANNEXURE A1(A) THE TRUE COPY OF THE GO(P) NO.114/94/H.EDN DATED 06.08.1994 OF GOVERNMENT OF KERALA.
ANNEXURE A2 THE TRUE COPY OF THE RELEVANT PAGE OF MEMORANDUM NO.F.3-1/2009 DATED 28.06.2010 RELEVANT PAGES OF UGC.
ANNEXURE A3 THE TRUE COPY OF THE GO(P) NO.392/2010/H.EDN DATED 10.12.2010 GOVERNMENT OF KERALA.
ANNEXURE A4 THE TRUE COPY OF THE JUDGMENT DATED 17.07.2018 IN SLPS NO.18938-18942/2017 OF THE HONORABLE SUPREME COURT.
ANNEXURE A5 THE TRUE COPY OF THE GO(RT) NO.2327/2017/H.EDN DATED 23.12.2017 OF GOVERNMENT OF KERALA.
ANNEXURE A6 THE TRUE COPY OF THE GO(P) NO.1052/2018/H.EDN DATED 29.05.2018 OF GOVERNMENT OF KERALA.
ANNEXURE A7 THE TRUE COPY OF THE FINAL ORDER DATED 25.06.2018 IN OA(EKM) 202/2018 OF THE HONORABLE KAT.
ANNEXURE A8 THE TRUE COPY OF THE GO(RT) NO.2071/2018/H.EDN DATED 15.11.2018 OF THE 1ST RESPONDENT.
ANNEXURE R2(A) THE TRUE COPY OF LETTER
OP)KAT) No.183/2023 and conn.cases 23
NO.RIC(3)30655/98/GW DATED 07.10.1998 ISSUED BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM.
ANNEXURE R2(B) THE TRUE COPY OF GO(P) NO.10/207/H.EDN DATED 19.03.2017.
ANNEXURE A9 THE TRUE COPY OF GO(MS) NO.76/90/H.EDN DATED 23.03.1990 OF GOVERNMENT OF KERALA.
ANNEXURE A11 THE TRUE COPY OF ORDER NO.UGC CELL/2/3844/11/COLL.EDN DATED 03.03.2011 OF THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION.
ANNEXURE RA2 THE TRUE COPY OF THE REPRESENTATION DATED 29/12/2022 SUBMITTED BY THE 1ST REVIEW APPLICANT.
OP)KAT) No.183/2023 and conn.cases 24
ANNEXURE RA3 THE TRUE COPY OF THE REPRESENTATION DATED 02/01/2023 SUBMITTED BY THE 2ND REVIEW APPLICANT.
ANNEXURE RA6 THE TRUE COPY OF THE REPRESENTATION DATED 09/01/2023 SUBMITTED BY THE 5TH REVIEW APPLICANT.
ANNEXURE RA7 THE TRUE COPY OF THE REPRESENTATION DATED 04/01/2023 SUBMITTED BY THE 6TH REVIEW APPLICANT.
ANNEXURE RA8 THE TRUE COPY OF THE REPRESENTATION DATED 06/01/2023 SUBMITTED BY THE 7TH REVIEW APPLICANT.
ANNEXURE RA9 THE TRUE COPY OF THE REPRESENTATION DATED 11/01/2023 SUBMITTED BY THE 8TH REVIEW APPLICANT.
EXHIBIT P1 THE CERTIFIED COPY OF THE ORDER DATED 16/12/2022 IN O.A.NO.668 OF 2019.
EXHIBIT P2 THE CERTIFIED COPY OF THE ORDER DATED 3/3/2023 IN R.A.NO.7 OF 2023 IN O.A.NO.668 OF 2019.
EXHIBIT P3 THE TRUE COPY OF THE ORIGINAL APPLICATION NUMBERED AS O.A. NO.668 OF 2019 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM.
EXHIBIT P4 THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN.
OP)KAT) No.183/2023 and conn.cases 25
EXHIBIT P5 THE TRUE COPY OF THE REJOINDER FILED BY THE 1ST RESPONDENT HEREIN TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN.
EXHIBIT P7 THE TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE 1ST RESPONDENT HEREIN TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE REVIEW APPLICATION NUMBERED AS R.A. NO.7 OF 2023 IN O.A. NO.668 OF 2019 FILED BY THE PETITIONERS.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) THE TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) NO 350/2022/HEDN DATED 02.03.2022, BY WHICH SELECTION COMMITTEE WAS CONSTITUTED IN TERMS OF 2018 REGULATION.
EXHIBIT R1(B) THE TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) NO 1121/2020/HEDN DATED 08.09.2020.
OP)KAT) No.183/2023 and conn.cases 26
APPENDIX OF OP(KAT) 201/2023
PETITIONER'S ANNEXURES:
ANNEXURE A1 THE TRUE COPY OF THE GO(P) NO.41/94H.EDN DATED 21.03.1994 ALONG WITH RELEVANT PAGES OF SPECIAL RULES OF GOVERNMENT OF KERALA.
ANNEXURE A1(A) THE TRUE COPY OF THE GO(P) NO.114/94/H.EDN DATED 06.08.1994 OF GOVERNMENT OF KERALA.
ANNEXURE A2 THE TRUE COPY OF THE RELEVANT PAGE OF MEMORANDUM NO.F.3-1/2009 DATED 28.06.2010 RELEVANT PAGES OF UGC.
ANNEXURE A3 THE TRUE COPY OF TEH GO(P) NO.392/2010/H.EDN DATED 10.12.2010 GOVERNMENT OF KERALA.
ANNEXURE A4 THE TRUE COPY OF THE JUDGMENT DATED 17.07.2018 IN SLPS NO.18938-18942/2017 OF THE HONORABLE SUPREME COURT.
ANNEXURE A5 THE TRUE COPY OF THE GO(RT) NO.2327/2017/H.EDN DATED 23.12.2017 OF GOVERNMENT OF KERALA.
ANNEXURE A6 THE TRUE COPY OF THE GO(P) NO.1052/2018/H.EDN DATED 29.05.2018 OF GOVERNMENT OF KERALA.
ANNEXURE A7 THE TRUE COPY OF THE FINAL ORDER DATED 25.06.2018 IN OA(EKM) 202/2018 OF THE HONORABLE KAT.
ANNEXURE A8 THE TRUE COPY OF THE GO(RT) NO.2071/2018/H.EDN DATED 15.11.2018 OF THE 1ST RESPONDENT.
ANNEXURE R2(A) THE TRUE COPY OF LETTER
OP)KAT) No.183/2023 and conn.cases 27
NO.RIC(3)30655/98/GW DATED 07.10.1998 ISSUED BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM.
ANNEXURE R2(B) THE TRUE COPY OF GO(P) NO.10/207/H.EDN DATED 19.03.2017. ANNEXURE A9 THE TRUE COPY OF GO(MS) NO.76/90/H.EDN DATED 23.03.1990 OF GOVERNMENT OF KERALA. ANNEXURE A10 THE TRUE COPY OF GO(P) NO.171/99/H.EDN DATED 21.12.1999 OF GOVERNMENT OF KERALA. ANNEXURE R2(C) THE TRUE COPY OF THE SENIORITY LIST FOR PROMOTION TO THE POST OF PRINCIPAL ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION.
ANNEXURE A11 THE TRUE COPY OF ORDER NO.UGC CELL/2/3844/11/COLL.EDN DATED 03.03.2011 OF THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION.
ANNEXURE A12 THE TRUE COPY OF PH.D CERTIFICATE DATED 30.09.2008 ISSUED BY CUSAT.
ANNEXURE A12(A) THE TRUE COPY OF THE NOTIFICATION NO.EA1/3002/S/12/2007 DATED 26.03.2008 OF THE CONTROLLER OF EXAMINATION, CUSAT.
ANNEXURE RA1 THE CERTIFIED COPY OF THE ORDER DATED 16.12.2022 IN OA NO.668 OF 2019.
ANNEXURE RA2 THE TRUE COPY OF THE REPRESENTATION DATED 04.01.2023 SUBMITTED BY THE REVIEW APPLICANT.
OP)KAT) No.183/2023 and conn.cases 28
EXHIBIT P1 THE CERTIFIED COPY OF THE ORDER DATED 16/12/2022 IN O.A.NO.668 OF 2019. EXHIBIT P2 THE CERTIFIED COPY OF THE ORDER DATED 3/3/2023 IN R.A.NO.4 OF 2023 IN O.A.NO.668 OF 2019.
EXHIBIT P3 THE TRUE COPY OF THE ORIGINAL APPLICATION NUMBERED AS O.A. NO.668 OF 2019 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM.
EXHIBIT P4 THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN.
EXHIBIT P5 THE TRUE COPY OF THE REJOINDER FILED BY THE 1ST RESPONDENT HEREIN TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN.
EXHIBIT P7 THE TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE 1ST RESPONDENT HEREIN TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE REVIEW APPLICATION NUMBERED AS R.A. NO.3 OF 2023 IN O.A. NO.668 OF 2019 FILED BY THE PETITIONER.
OP)KAT) No.183/2023 and conn.cases 29
APPENDIX OF OP(KAT) 183/2023
PETITIONER'S ANNEXURES:
ANNEXURE A1 THE TRUE COPY OF THE GO(P) NO.41/94H.EDN DATED 21.03.1994 ALONG WITH RELEVANT PAGES OF SPECIAL RULES OF GOVERNMENT OF KERALA.
ANNEXURE A1(A) THE TRUE COPY OF THE GO(P) NO.114/94/H.EDN DATED 06.08.1994 OF GOVERNMENT OF KERALA.
ANNEXURE A2 THE TRUE COPY OF THE RELEVANT PAGE OF MEMORANDUM NO.F.3-1/2009 DATED 28.06.2010 RELEVANT PAGES OF UGC.
ANNEXURE A3 THE TRUE COPY OF TEH GO(P) NO.392/2010/H.EDN DATED 10.12.2010 GOVERNMENT OF KERALA.
ANNEXURE A4 THE TRUE COPY OF THE JUDGMENT DATED 17.07.2018 IN SLPS NO.18938-18942/2017 OF THE HONORABLE SUPREME COURT.
ANNEXURE A5 THE TRUE COPY OF THE GO(RT) NO.2327/2017/H.EDN DATED 23.12.2017 OF GOVERNMENT OF KERALA.
ANNEXURE A6 THE TRUE COPY OF THE GO(P) NO.1052/2018/H.EDN DATED 29.05.2018 OF GOVERNMENT OF KERALA.
ANNEXURE A7 THE TRUE COPY OF THE FINAL ORDER DATED 25.06.2018 IN OA(EKM) 202/2018 OF THE HONORABLE KAT.
ANNEXURE A8 THE TRUE COPY OF THE GO(RT) NO.2071/2018/H.EDN DATED 15.11.2018 OF THE 1ST RESPONDENT.
ANNEXURE R2(A) THE TRUE COPY OF LETTER NO.RIC(3)30655/98/GW DATED 07.10.1998 ISSUED BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION,
OP)KAT) No.183/2023 and conn.cases 30
THIRUVANANTHAPURAM.
ANNEXURE THE TRUE COPY OF THE NOTIFICATION A12(A) NO.EA1/3002/S/12/2007 DATED 26.03.2008 OF THE CONTROLLER OF EXAMINATION, CUSAT
ANNEXURE RA1 THE CERTIFIED COPY OF THE ORDER DATED 16.12.2022 IN OA NO.668 OF 2019.
OP)KAT) No.183/2023 and conn.cases 31
16/12/2022 IN O.A.NO.668 OF 2019.
EXHIBIT P2 THE CERTIFIED COPY OF THE ORDER DATED 3/3/2023 IN R.A.NO.2 OF 2023 IN O.A.NO.668 OF 2019.
EXHIBIT P3 THE TRUE COPY OF THE ORIGINAL APPLICATION NUMBERED AS O.A. NO.668 OF 2019 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM.
EXHIBIT P4 THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN.
EXHIBIT P5 THE TRUE COPY OF THE REJOINDER FILED BY THE 1ST RESPONDENT HEREIN TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 3RD RESPONDENT HEREIN.
EXHIBIT P7 THE TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE 1ST RESPONDENT HEREIN TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE REVIEW APPLICATION NUMBERED AS R.A. NO.3 OF 2023 IN O.A. NO.668 OF 2019 FILED BY THE PETITIONER.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) THE TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) NO 350/2022/HEDN DATED 02.03.2022, BY WHICH SELECTION COMMITTEE WAS CONSTITUTED IN TERMS OF 2018 REGULATION.
EXHIBIT R1(B) THE TRUE COPY OF THE GOVERNMENT ORDER G.O(RT) NO 1121/2020/HEDN DATED 08.09.2020.
2 issues framed by the court
Whether the appointment of Principals in Government Colleges can be made through a DPC under the Service Rules, ignoring the selection method and procedure stipulated by UGC Regulations 2010.
Whether the absence of a Governing Body in Government Colleges prevents the application of UGC Regulations 2010 for selection of Principals.
2 provisions across 2 enactments
Dr. K.K. Damodaran
Babu S.
State of Kerala
Director of Collegiate Education
University Grants Commission (UGC)
A. Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
