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Dr. Shiny. V.N. Vs the Travancore Devaswom Board — Kerala HC (2025) — LawSathi Research

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Kerala HC
2025
Dr. Shiny. V.N. Vs the Travancore Devaswom BoardDr. Shiny. V.N. v. the Travancore Devaswom Board

Disposed¶35

Dr. Shiny. V.N. v. the Travancore Devaswom Board

Kerala HC17 Mar 2025WP(C)/34989/2024

Case brief

AI extract

What is this about?

Keywords: approval of appointment; Assistant Professor in Commerce; Travancore Devaswom Board; M.G. University; D.B. Pampa College Parumala; Deputy Director of Collegiate Education Kollam; salary not sanctioned or disbursed; Ext.P2 notification ROC NO. 8468/15/CELL dated 3.11.2020; Ext.P6 appointment order dated 10.5.2023; joined duty 01.06.2023; direction to decide within one month; disposal at admission stage; UGC Regulations qualification. Relevant to practitioners seeking time-bound directions on pending approval proposals for TDB-college appointments and non-payment of salary pending university approval.

What did the court decide?

Direction to the 5th respondent (Deputy Director of Collegiate Education) to take appropriate decision on the proposal for approval of the petitioner's appointment as expeditiously as possible and at any rate within one month.

Why is it important?

The writ petition is disposed of directing the 5th respondent (Deputy Director of Collegiate Education) to take appropriate decision on the proposal for approval of the petitioner's appointment as expeditiously as possible and at any rate within a period of one month. ¶35

What the court decided

AI extract

Outcome

Direction to the 5th respondent (Deputy Director of Collegiate Education) to take appropriate decision on the proposal for approval of the petitioner's appointment as expeditiously as possible and at any rate within one month.

Issue for consideration

Whether the petitioner's appointment as Assistant Professor in Commerce would be approved and her salary sanctioned and disbursed, and what direction the Court should issue on the pending approval proposal.

Ratio / Principle

The writ petition is disposed of directing the 5th respondent (Deputy Director of Collegiate Education) to take appropriate decision on the proposal for approval of the petitioner's appointment as expeditiously as possible and at any rate within a period of one month.

Detailed headnote1 paragraphs

Writ petition by an Assistant Professor in Commerce, D.B. Pampa College, Parumala, appointed on 01.06.2023 against a Travancore Devaswom Board notification (Ext.P2), who secured 2nd rank in the ranked list and was appointed per Ext.P6 order. Despite the Board forwarding the approval proposal to M.G. University, the appointment was not approved and the petitioner continued in service without salary for over one year. Disposing of the petition at the admission stage itself, the Court (N. NAGARESH, J.) directed the Deputy Director of Collegiate Education (5th respondent, Kollam) to take an appropriate decision on the approval proposal as expeditiously as possible and at any rate within one month. No precedent was cited; the only normative reference is the petitioner's qualification 'as per UGC Regulations'.

A

2025:KER:22450

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

MONDAY, THE 17^TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946 WP(C) NO. 34989 OF 2024

PETITIONER:

DR.SHINY V.N., AGED 36 YEARS, W/O. ARUN MOHAN S.M., SHINY BHAVAN, MARIYA NAGAR, CHENTHUPOOR, VATTAPARA, VENCODE P.O., THIRUVANANTHAPURAM, NOW RESIDING AT KURUPPIN VILLA, GNERA 174 A, MELANALLOR, KARAMANA P.O., THIRUVANANTHAPURAM, (WORKING AS ASSISTANBT PROFESSOR, DEPARTMENT OF COMMERCE, D.B. PAMPA COLLEGE, PARUMALA), PIN - 695002

BY ADVS. M.S.RADHAKRISHNAN NAIR ELIZEBATH GEORGE SATHY C.B.

RESPONDENTS:

1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDAMCODE, THIRUVANANTHAPURAM, PIN - 695003

2 M.G. UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYAZDARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM, PIN - 686562

W.P.(C) No.34989/2024

2025:KER:22450

: 2 :

3 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION, DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

4 THE DIRECTOR OF COLLEGIATE EDUCATION, 4TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN – 695034.

**5 THE DEPUTY DIRECTOR OF (CORRECTED) COLLEGIATE EDUCATION CROSS JUNCTION, KADAPPAKADA, KOLLAM, PIN – 691001

*[DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM, OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, VYSKARAKUNNU, KOTTAYAM, PIN-686 001

*(NAME AND ADDRESS OF THE 5TH RESPONDENT IS CORRECTED AS PER ORDER DATED 17.03.2025 IN I.A.1/2025 IN WP(C)34989/2024)].

BY ADVS. SRI.BIJU G., SC SRI.SURIN GEORGE IPE, SC SRI.V.VENUGOPAL, SR.GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.34989/2024

2025:KER:22450

: 3 :

JUDGMENT

Dated this the 17^th day of March , 2025

The petitioner is now working as Assistant Professor in Commerce in D.B. Pampa College, Parumala. The petitioner is fully qualified for appointment as Assistant Professor as per UGC Regulations. The petitioner applied for the post of Assistant Professor in Commerce as per Ext.P2 notification. The petitioner was included in Ext.P3 short list as serial No.3 and Roll No.101.

The petitioner was called for the interview and she attended and got 2^nd rank. On the basis of the rank list, the petitioner was appointed as per Ext.P6 appointment order. The petitioner joined duty on 01.06.2023 and she is continuing in the post from that day onwards without any salary. The petitioner understood that the 1^st respondent forwarded the proposal for

W.P.(C) No.34989/2024

2025:KER:22450

: 4 :

approval of appointment of the petitioner to the 2^nd respondent. But, the 2^nd respondent did not approve the appointment of the petitioner for the reason known to them only. Now, more than one year has elapsed after appointing the petitioner. But, the appointment of the petitioner is not approved and salary is not sanctioned or disbursed to her, contends the petitioner.

The Standing Counsel for the 1^st respondent

submits that a proposal in respect of the approval of the appointment of the petitioner has already been forwarded.

In the circumstances, the writ petition is disposed of directing the 5^th respondent to take appropriate decision on the proposal as expeditiously as possible and at any rate within a period of one month.

Sd/- N. NAGARESH JUDGE

SR

W.P.(C) No.34989/2024

2025:KER:22450

: 5 :

APPENDIX OF WP(C) 34989/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF WORK LOAD STATEMENT AFTER COMMENCEMENT OF IUG & IPG AS ON 1.11.2022 Exhibit P2 TRUE COPY OF NOTIFICATION ROC NO. 8468/15/CELL. DATED 3.11.2020 ISSUED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF CALL LETTER ROC. NO. 8468/15/COLL. DATED 25.3.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF SHORT LIST OF CANDIDATES SELECTED FOR THE INTERVIEW IN COMMERCE (MG UNIVERSITY) SCHEDULED ON 26.4.2023 AN, 2.00 P.M. PUBLISHED BY 1ST RESPONDENT AND DATED NIL

Exhibit P5 TRUE COPY OF THE RANKED LIST OF CANDIDATES SELECTED FOR APPOINTMENT AS ASSISTANT PROFERSSOR IN COMMERCE PUBLISHED BY THE 1ST RESPONDENT DATED 26.4.2023

Exhibit P6 TRUE COPY OF APPOINTMENT ORDER NO. ROC. 8468/15/COLL/COMMERCE DATED 10.5.2023 ISSUED BY THE 1ST RESPONDENT.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner's appointment as Assistant Professor in Commerce would be approved and her salary sanctioned and disbursed, and what direction the Court should issue on the pending approval proposal.medium confidence¶32

Statutes considered

1 provisions across 1 enactments

AI extract

UGC RegulationsUGC Regulations¶27

Procedural history

How this case reached the court

AI extract

Order under challenge
No formal order under challenge; grievance is inaction — non-approval of the petitioner's appointment as Assistant Professor by the 2nd respondent (M.G. University) despite the 1st respondent forwarding the approval proposal, and consequent non-sanction/non-disbursement of salary for over one year.¶32
M.G. University (2nd respondent)
Prior proceeding
Petitioner applied for the post of Assistant Professor in Commerce pursuant to Ext.P2 notification issued by the 1st respondent.¶27
Prior proceeding
Petitioner included in Ext.P3 short list as serial No.3 and Roll No.101.¶27
Prior proceeding
Petitioner attended interview, secured 2nd rank, and was appointed as per Ext.P6 appointment order on the basis of the rank list.¶28
Prior proceeding
Petitioner joined duty on 01.06.2023 and continued in the post without any salary.¶28
Prior proceeding
More than one year after appointment, the appointment remained unapproved by the 2nd respondent and salary not sanctioned or disbursed.¶32
Prior proceeding
Standing Counsel for the 1st respondent submitted that the proposal for approval of the appointment had already been forwarded.¶34
Prior proceeding
Name and address of the 5th respondent corrected as per order dated 17.03.2025 in I.A.1/2025 (original address shown as Kottayam; corrected to Kollam).¶19
Prior proceeding
Writ petition came up for admission on 17.03.2025; judgment delivered the same day.¶21

Parties & counsel

AI extract

petitioner
Dr. Shiny V.N.¶7
M.S.RADHAKRISHNAN NAIR, ELIZEBATH GEORGE, SATHY C.B.
respondent
The Travancore Devaswom Board¶10
BIJU G.
respondent
M.G. University¶11
SURIN GEORGE IPE
respondent
The State of Kerala¶15
V.VENUGOPAL
respondent
The Director of Collegiate Education¶16
V.VENUGOPAL
respondent
The Deputy Director of Collegiate Education (corrected: Kollam)¶17
V.VENUGOPAL

Coram

AI extract

N. NAGARESHauthor¶4

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 17 Mar 2025 · March
Registered: 4 Oct 2024
Case no.: WP(C)/34989/2024
CNR: KLHC011439332024
Bench: N.nagaresh
Disposal: DISPOSED OF
Case type: W.P.(C)

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Cite this judgement

Dr. Shiny. V.N. v. the Travancore Devaswom Board, WP(C)/34989/2024 (KL), decided on 17 March 2025.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

UGC RegulationsUGC Regulations

View all statutes

Procedural history9

No formal order under challenge; grievance is inaction — non-approval of the petitioner's appointment as Assistant Professor by the 2nd respondent (M.G. University) despite the 1st respondent forwarding the approval proposal, and consequent non-sanction/non-disbursement of salary for over one year.M.G. University (2nd respondent)
Petitioner applied for the post of Assistant Professor in Commerce pursuant to Ext.P2 notification issued by the 1st respondent.
Petitioner included in Ext.P3 short list as serial No.3 and Roll No.101.

View full history

Bench / Coram

N. NAGARESH

Parties & counsel