Disposed

Suresh K.C. v. National Institute of Technology, Calicut, Represented by Its Director

Kerala HC13 Jan 2023WP(C)/8301/2012

Case brief

AI extract

What is this about?

Writ petitions filed by NIT Calicut employees seeking quashing of promotions and directions to implement reservation policies. The court held petitioners' grievances were redressed as they were promoted treating 2004 as the base period.

What did the court decide?

Petitioners' grievances redressed; petitions disposed of as promotions granted with 2004 base year; 2009 base year issue left open.

Suresh K.C. Vs National Institute of… — Pension and Retirement Benefits | Kerala HC (2023)

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W.P.(C) Nos.8301 of 2012 & 19919 of 2015 1

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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 SHAJI P.CHALY

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FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 8301 OF 2012

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PETITIONERs:

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1 SURESH K.C. AGED 39 YEARS SENIOR MECHANIC, MECHANICAL ENGINEERING DEPARTMENT, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT.

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2 VASU T.C. SENIOR MECHANIC, MECHANICAL ENGINEERING DEPARTMENT, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT.

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3 SURENDRAN.P.K. SENIOR MECHANIC, MECHANICAL ENGINEERING DEPARTMENT, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT.

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4 ABHILASH.A. SENIOR MECHANIC, MECHANICAL ENGINEERING DEPARTMENT, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT. BY ADV. SRI.B.BALA PRASANNAN

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RESPONDENTS:

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1 NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT, REPRESENTED BY ITS DIRECTOR CALICUT, REPRESENTED BY ITS DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, NIT CAMPUS P.O., CALICUT, PIN673601.

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2 REGISTER, NATIONAL INSTITUTE OF TECHNOLOGY, NIT CAMPUS P.O., CALICUT, PIN-673601.

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3 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SECONDARY AND HIGHER EDUCATION, NEW DELHI, PIN-110001.

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4 SHIBU.K. INSTRUCTOR, DEPARTMENT OF CIVIL ENGINEERING, NITC, NIT CAMPUS P.O., CALICUT, PIN-673601.

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5 RAJENDRAN PILLAI.T. SENIOR MECHANIC, DEPARTMENT OF CIVIL ENGINEERING, NITC,

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W.P.(C) Nos.8301 of 2012 & 19919 of 2015 2

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NIT CAMPUS P.O., CALICUT, PIN-673601.

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6 AJAYKUMAR.R. SENIOR MECHANIC, DEPARTMENT OF CIVIL ENGINEERING, NITC, NIT CAMPUS, NIT P.O., CALICUT, PIN-673601.

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7 PRADEEP KUMAR.E. SUPERVISOR, DEPARTMENT OF MECHANICAL ENGINEERING, NITC, NIT CAMPUS P.O., CALICUT, PIN-673601.

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8 PRAJITH.P. SENIOR MECHANIC, ELECTRICAL MAINTENANCE UNIT, NITC, NIT CAMPUS P.O., CALICUT, PIN-673601.

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9 MOHAN KUMAR.P.K. ASSISTANT ENGINEER, ENGINEERING UNIT, NITC, NIT CAMPUS P.O., CALICUT, PIN-673601.

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10 NOUSHAD.K.K, SENIOR MECHANIC, DEPARTMENT OF CIVIL ENGINEERING, NITC, NIT CAMPUS P.O., CALICUT, PIN-673601.

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11 PRADEEP KUMAR.K.K. INSTRUCTOR, DEPARTMENT OF MECHANICAL ENGINEERING, NITC, NIT CAMPUS, NIT P.O., CALICUT, PIN-673601.

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12 MURALEDHARAN.P. JUNOR SUPERINTENDENT, ACCOUNTS SECTION, NIT CALICUT, NIT CAMPUS P.O., CALICUT, PIN-673601.

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13 CHANDRIKA.G.,

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U.D.CLERK, ACCOUNTS SECTION, NIT CALICUT, NIT CAMPUS P.O., CALICUT, PIN-673601.

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14 SINDU.P., U.D.CLERK, ESTABLISHMENT, NIT CALICUT, NIT CAMPUS P.O., CALICUT, PIN-673601.

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BY ADVS.

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SRI.SHYAM PADMAN FOR R1 & R2 MANU S., DSG OF INDIA FOR R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).19919/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.8301 of 2012 & 19919 of 2015

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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 SHAJI P.CHALY FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 19919 OF 2015

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PETITIONERS:

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1 NATIONAL INSTITUTE OF TECHNOLOGY CALICUT SCHEDULED CASTE AND SCHEDULED TRIBE EMPLOYEES WELFARE FORUM REG.NO.630/2011, NIT CAMPUS PO, KOZHIKODE-673 601, REPRESENTED BY ITS SECRETARY A.ABHILASH.

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2 PRAVEEN KUMAR UPPER DIVISION CLERK, NATIONAL INSTITUTE OF TECHNOLOGY (REC), CALICUT, PIN-673 601.

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3 UNNIKRISHNAN K. UPPER DIVISION CLERK, NATIONAL INSTITUTE OF TECHNOLOGY (REC), CALICUT, PIN-673 601. BY ADV SRI.P.RAMAKRISHNAN

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RESPONDENTS:

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1 NATIONAL INSTITUTE OF TECHNOLOGY (NIT) NIT CAMPUS PO, CALICUT-673 601, REPRESENTED BY ITS DIRECTOR.

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2 UNION OF INDIA REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER EDUCATION, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, SHASTHRI BHAVAN, NEW DELHI-110 001.

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3 NATIONAL COMMISSION FOR SCHEDULED TRIBES SASTHA GARDENS, RESIDENCY ROAD, NEAR GOVERNMENT GUEST HOUSE, THYCAUD, THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS DIRECTOR.

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BY ADVS. SRI.SHYAM PADMAN, STANDING COUNSEL FOR R1 SRI.RAJAGOPALAN NAIR.K.R., CGC FOR R2 & R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).8301/2012, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

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W.P.(C) Nos.8301 of 2012 & 19919 of 2015

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JUDGMENT

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Dated this the 13^th day of January, 2023

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In W.P.© No.8301 of 2012, petitioners sought for the following reliefs:

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i. Call for the records leading to Exhibit P13 and quash the promotions given to respondents 4 to 14 while Exhibits P3, P5 and P11 ban orders are in force by the issuance of a writ in the nature of certiorari,

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ii. issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding respondents 1 and 2 to give promotion to the petitioners to the post of senior Mechanic Selection Grade in the available sanctioned vacancies based on Exhibit P15 model roaster of promotion with reference to the posts,

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iii. issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to grant promotions to the petitioners with effect from 1.6.2006 based on Exhibit P4 order of special recruitment drive to fill up the back log vacancies reserved for SC/ST.

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iv. Allow the writ petition with the petitioner' costs.

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2. The reliefs sought for in W.P.© No.19919 of 2015 are as follows:

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A) A writ of certiorari or any other appropriate writ or order quashing decision No. BG 27.04 of Exhibit P7 to the extent it provides for implementation of reservation in promotion with 2009 as base year, B) Issue a writ of mandamus or any other appropriate writ or order, directing the 1^st and 2 respondents to ensure that the promotion to vacancies created as per Exhibit P-8 restructuring is carried out after implementing the reservation policy we.f. 7/6/2004.

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W.P.(C) Nos.8301 of 2012 & 19919 of 2015

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C) Issue a writ of mandamus or any other appropriate writ or order, directing the 3^rd respondent to take further action in Exhibit P-8 forthwith, D) Issue a writ of mandamus or any other appropriate writ or order. directing the 1^st respondent to carry out promotions of non-teaching staff in accordance with roster giving due representation to SC/ST.

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E) Hold that the 1^st respondent is duty bound to implement the reservation policy in respect of non-teaching staff w.e.f.7.6.2004 and

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F) Issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case.

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The case projected by the petitioners is that the petitioners are employees of the National Institute of Technology. The service conditions of the employees of the said organisation is governed by the First Statute made under National Institutes of Technology Act, 2007. As per clause 23(2), the reservation of posts is to be in accordance with the Government of India Rules. But notwithstanding the orders issued by the Government of India, the National Institute of Technology – the 1^st respondent, has not adhered to the reservation roster. It is contended by the petitioners that the backlog vacancies of SC/ST are not filled up. It is the further contention that the 1^st respondent decided to implement a reservation policy with 2009 as base year. It is also contended that the 3^rd respondent National Commission for Scheduled Tribes, directed implementation of reservation policy w.e.f.7.6.2004. According to the petitioners, 1^st respondent has not heeded to the directions contained thereunder. It is in the said background, the writ petitions are

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W.P.(C) Nos.8301 of 2012 & 19919 of 2015 6

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filed.

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The 1^st respondent has filed a detailed counter affidavit refuting the claims and allegations raised in the writ petitions. It is further submitted that the petitioners in the writ petitions were granted with promotion taking into account the year 2004 as the base period. It is further submitted that the rules relied upon by the petitioners in the writ petitions are no more existing since new rules are introduced in the year 2019 with base period as 2016.

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Learned counsel for the 1^st respondent has also invited my attention to the judgement of this Court in W.P.© No.31524 of 2012 dated 17^th August, 2020, wherein the same question was considered and the writ petition was disposed of recording that the backlog vacancies have been filled up, which is not disputed. If the petitioners or any other employees of the 1^st respondent have any grievance with respect to the fixing of the base period as 2019, they would be at liberty to take up the cause before the appropriate authority or any other court of law.

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In my considered opinion, insofar as the petitioners in these writ petitions are concerned, their grievances are redressed when they were promoted treating the base period as the year 2004. Learned counsel for the petitioners also submitted that the issue with respect to the base period of 2009 may be left open and the writ petitions may be disposed of accordingly.

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Therefore, after having heard learned counsel for petitioners in W.P.© No.19919 of 2015 - Mr. Pratap Abraham, and Adv.Shyam Padman – learned

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W.P.(C) Nos.8301 of 2012 & 19919 of 2015

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Standing Counsel for the National Institute of Technology, assisted by Adv. Laya Mary Joseph, the writ petitions are disposed of recording the above aspects; however, the issue concerning the base period of 2009 for filling up the backlog

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vacancies is left open to be considered in an appropriate case. Needless to say, all the questions of law and fact raised in the writ petitions are left open.

Sd/-

SHAJI P.CHALY

JUDGE

smv

W.P.(C) Nos.8301 of 2012 & 19919 of 2015

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APPENDIX OF WP(C) 8301/2012

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PETITIONER EXHIBITS
Exhibit P1	THE TRUE COPY OF THE 26.06.2002 ISSUED BY	NOTIFICATION DATED THE 3RD RESPONDENT.
Exhibit P2	THE TRUE COPY OF THE OF THE JOINT SECRETAR INDIA.	ORDER DATED 14.05.2003 Y OF THE GOVERNMENT OF
Exhibit P3	THE TRUE COPY OF THE SECRETARY GOVERNMENT 19.07.2004.	ORDER OF THE UNDER OF INDIA DATED
Exhibit P4	THE TRUE COPY OF THE 01.06.2006 ISSUED BY RESOURCE DEVELOPMENT AND HIGHER EDUCATION.	COMMUNICATION DATED THE MINISTRY OF HUMAN DEPARTMENT OF SECONDARY
Exhibit P5	THE TRUE COPY OF THE SECRETARY OF THE GOVE MINISTRY OF HUMAN RES DEPARTMENT DATED 17.0	ORDER OF THE JOINT RNMENT OF INDIA, OURCES DEVELOPMENT 3.2010.
Exhibit P6	THE TRUE COPY OF THE P4/3026/97/2010 DATED THE REGISTRAR NIT, CA	ORDER NO. 11.10.2010 ISSUED BY LICUT.
Exhibit P7	TRUE COPY OF THE JUDG W.P.(C) NO. 33836/201	MENT DATED 24.11.2010 IN 0 (D).
Exhibit P8	THE TRUE COPY OF THE MECHANIC AS ON 29.12. NITC.	SENIORITY LIST OF SENIOR 2010 IN THE SERVICE OF
Exhibit P9	THE TRUE COPY OF THE ESTT/P5(P4)/3026/97/P	NOTE VIDE NO. 3 DATED 05.01.2011.
Exhibit P10	TRUE COPY OF THE NOTE ESTT/PS(P4)/3026/97/P ISSUED BY THE REGISTR	NO. 3 DATED 06.01.2011 AR NITC.
Exhibit P11	THE TRUE COPY OF THE RESPONDENT DATED 12.0	ORDER ISSUED BY THE 3RD 12011.
Exhibit P12	TRUE COPY OF THE ORDE ESTT/P5(P4)/3026/97 D	R NO. ATED 25.01.2011.
Exhibit P13	THE TRUE COPY OF THE PROMOTED EMPLOYEES CO PETITIONERS AS PER TH ACT, 2005 DATED 10.09	PROMOTION LIST OF LLECTED BY THE E RIGHT TO INFORMATION .2011.
Exhibit P14	THE TRUE COPY OF THE P5(P4)/3026/97 DATED DIRECTOR OF NITC TO T	COMMUNICATION NO. 01.11.2011 ISSUED BY THE HE 3RD RESPONDENT.

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W.P.(C) Nos.8301 of 2012 & 19919 of 2015

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Exhibit P15 THE TRUE COPY OF THE MODEL ROASTER OF RESERVATION WITH REFERENCE TO POST. Exhibit P16 TRUE COPY OF PROCEEDINGS NO. ESTT/3026/97/PROMOTIONS DATED 31.01.2013. Exhibit P17 TRUE COPY OF OFFICE MEMORANDUM DATED 15.07.2008. Exhibit P18 TRUE COPY OF REPLY UNDER R.T.I. ACT NO. NITT/ESTT II/UNIT I/22-2/13-14/412 DATED 17.12.2013. Exhibit P19 TRUE COPY OF ORDER DATED 07.06.2004 ISSUED BY THE MHRD. Exhibit P20 TRUE COPY OF ORDER NO.4-15/2009-TS-III DATED 26.03.2013. Exhibit P21 TRUE COPY OF LETTER NO. F.21-4/2005 TS.III DATED 01.06.2006. RESPONDENT EXHIBITS Exhibit R-4(a) TRUE COPY OF ORDER NO. DO/2/06 DATED 14-072006 OF R-1. Exhibit R 4 (b) TRUE COPY OF LETTER DATED 04-07-2011 OF R 1. Exhibit R2 (a) TRUE COPY OF THE PROCEEDINGS NO. ESTT/3026/97/ PROMOTIONS, DATED 31.01.2013 OF THE NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT.

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W.P.(C) Nos.8301 of 2012 & 19919 of 2015

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PETITIONER EXHIBITS

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P1 : TRUE COPY OF NOTIFICATION DATED 14-52003 ISSUED BY THE 2ND RESPONDENT.

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P2 : TRUE COPY OF OFFICE MEMORANDUM DATED 7- 6-2004 ISSUED BY THE 2ND RESPONDENT/

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P3 : TRUE COPY OF LETTER DATED 17-3-2010 ISSUED BY THE 2ND RESPONDENT.

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P4 : TRUE COPY OF LETTER DATED 20-12-2011 OF THE MINISTER OF HUMAN RESOURCES DEVELOPMENT, COMMUNICATION AND INFORMATION TECHNOLOGY.

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P5 : TRUE COPY OF LETTER DATED 7-6-2012 FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

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P6 : TRUE COPY OF INTERIM ORDER DATED 17-12013 PASSED BY THIS HONOURABLE COURT IN WPC.NO.31524/2012.

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P7 : TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF GOVERNORS OF THE 1ST RESPONDENT HELD ON 7-4-2014.

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P8 : TRUE COPY OF LETTER DATED 1-10-2014 ISSUED BY THE 3RD RESPONDENT. P9 : TRUE COPY OF LETTER DATED 5-2-2015 ISSUED BY THE 2ND RESPONDENT.

Suresh K.C. v. National Institute of Technology, Calicut, Represented by Its Director

Case brief

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Suresh K.C. v. National Institute of Technology, Calicut, Represented by Its Director

Case brief

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