DR.NALINAM.M v. THE MANAGER

SMT.K.G.SAROJINI, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 19436/2023 ..2.. MOHAMMED NIAS C.P., J. - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19436 OF 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2024 J U D G M E N T The petitioner was a graduate in economics with distinction. She also has a doctorate and M.Phil in Economics. For the last eight years, she has been working as a guest lecturer in Economics at Cochin College, which is an aided Arts and Science College affiliated with the 7th respondent University. In the economics department of the College, one permanent vacancy of an Assistant Professor arose on 01/04/2018 on the retirement of Prof. P. Supriya on 31/03/2018. Against the said vacancy, the Manager of the College invited applications from suitable candidates for appointment as Assistant Professor as per Ext.P1 notification dated 18/09/2019. The said notification was for filling up the vacancy under the open quota. The petitioner had applied pursuant to the same, and she was intimated, as per Ext.P2, that the interview was scheduled to be held on 16/11/2019. It was then that the petitioner came to know that the Government nominee for the selection was withdrawn based on the complaint given by the former Manager, and on account of the disputes regarding management issues, the Government issued Ext.P3 dated W.P.(C) No. 19436/2023 ..3.. 15/11/2019 staying the selection and directed the College to take up the matter as and when the dispute is settled. The petitioner submits that the selection process has proceeded and reached the stage of the interview and that it was no fault of her that the selection process was delayed.

2. In the meantime, the Government issued G.O.(P) No.18/2018/SJD dated 18/11/2018 ordering that Section 2(k) of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995 applies to all the aided schools and Colleges in the State in the matter of appointment of staffs and that 4% reservation should be given to physically disabled persons. There was also a direction to compute the backlog vacancies from 07/02/1996 to 18/04/2017. Later, by Government Order dated 18/05/2022, Ext.P5 also, it was stated that where no appointment was made under the disabled quota, it should be calculated as 3% till 18/04/2017 and 4% thereafter as backlog, and the same should be filled when selection is made to the future vacancies. The above notification was challenged and was upheld by the judgment of this Court in W.P.(C) No.11673/2022 and connected cases dated 10/08/2022, wherein it was found that “the backlog vacancies from 07/04/1996 shall be calculated and the roster shall be prepared within a period of two months from today tabulating the first in 33 vacancies from 07/02/1996 and the first in 25 vacancies from W.P.(C) No. 19436/2023 ..4.. 19/04/2017 onwards for absorbing differently abled in the process of recruitment in Aided Schools in respect of vacancies that have arisen after the date of issuance of G.O.(P) NO.18/2018/SJD dated 18/11/2018”. The said judgment was affirmed in W.A.No.1445/2022 and connected cases dated 13/03/2023.

3. The Manager of the College filed a counter stating that all steps towards the selection proposed as per Ext.P1 notification had been completed except the conduct of the interview due to the stay order issued by the Government. The Government has filed a counter affidavit stating that on a proposal from the Principal of the College, they were intimated as per Ext.R6(e) that the proposal must be resubmitted in accordance with the Government Order dated 18/05/2022 and 24/09/2022. It is also stated that though the Principal was directed to resubmit the proposal, no reply was sent by the College.

4. Heard Sri. K.M. Kurian, the learned Counsel appearing for the petitioner, Sri. P.P. Jacob, the learned Counsel appearing for the College, Sri.Surin George Ipe, the learned Counsel appearing for the University and Smt. K.G.Sarojini, the learned Government Pleader.

5. After having considered the rival submissions, it is clear that the process, which was started as per Ext.P1, got delayed only on account of the stay order passed by the Government. The contention of the W.P.(C) No. 19436/2023 ..5.. Management would show that all steps except the conduct of the interview have been completed with respect to the selection process started as per Ext.P1. Under such circumstances, it is for the Government to consider whether the management can be permitted, on account of the facts stated above, to continue the selection process started as per Ext.P1 and which could not be continued only on account of the stay order issued by the Government. The Government may also consider the judgment of this Court in W.P.(C) No.11673/2022 dated 10/08/2022, which was confirmed in W.A.No.1445/2022 dated 13/03/2023. The Government may also consider the impact of the judgment in W.P.(C) No.31339/2019 dated 11/02/2020, which directed the Government to nominate an officer or to get ahead with the nomination already made with respect to the College in question. A decision as directed above should be taken by the 4th respondent or any other respondent competent among respondents 4 to 6 after affording an opportunity of hearing to the petitioner, the Manager and any other affected parties, if any, within three months from today. Subject to the above decision, the post notified as per Ext P1 shall be filled. The writ petition is disposed of as above. APA Sd/- MOHAMMED NIAS C.P. JUDGE W.P.(C) No. 19436/2023 ..6.. APPENDIX OF WP(C) 19436/2023 PETITIONER EXHIBITS Exhibit-P1 Exhibit-P2 Exhibit-P3 Exhibit-P4 Exhibit-P5 Exhibit-P6 Exhibit-P7 TRUE COPY OF THE PAPER NOTIFICATION, DATED 18-9-2019,ISSUED BY THE FIRST RESPONDENT TRUED COPY OF THE LETTER DATED 1/11/2019 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF ORDER ,DATED 15/11/2019 ISSUED BY THE 4TH RESPONDENT TRUE COPY OF G.O(P).NO.18/2018/SJD, DATED 18/11/2018 ISSUED BY THE SOCIAL JUSTICE DEPARTMENT TRUE COPY OF G.O(M.S).NO.242/ 2022/H.EDN , DATED 18/5/22, ISSUED BY THE 4TH RESPONDENT TRUE COPY OF JUDGEMENT OF THIS HON'BLE COURT IN W.P.(C).NO.11673/2022, DATED 10-8-22, DOWN LOADED FROM THE INTERNET TRUE COPY OF THE ORDER ISSUED BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT, DATED 24-9-22 RESPONDENT EXHIBITS EXHIBIT R1(A) EXHIBIT R1(B) EXHIBIT R1(C) EXHIBIT R6(A) EXHIBIT R6(B) TRUE PHOTOCOPY OF THE WORKLOAD ASSESSED AS ON 1.11.2017 TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 14.8.2019 TRUE PHOTOCOPY OF THE ORDER DATED 15.11.2019 ISSUED BY THE GOVERNMENT TRUE COPY OF THE GO(MS) NO.96/2021/ HEDN DATED 15-02-2021 ISSUED BY HIGHER EDUCATION DEPARTMENT TRUE COPY OF THE GO(MS) NO. 242/2022/H.EDN DATED 18-05-2022 ISSUED BY THE HIGHER EDUCATION DEPARTMENT EXHIBIT R6(C) TRUE COPY OF THE GO(RT) NO.596/2020/ H.EDN DATED 12-05-2020 W.P.(C) No. 19436/2023 ..7.. EXHIBIT R6(D) EXHIBIT R6(E) EXHIBIT R6(F) EXHIBIT R6(G) TRUE COPY OF THE COMMUNICATION ISSUED BY 3RD RESPONDENT TO THE 5TH RESPONDENT LETTER NO.A2/CC/16/2022 DATED 21-07-2022 TRUE COPY OF THE REPLY ISSUED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT DATED 24-09-2022 TRUE COPY OF THE CERTIFICATE NO. 68955/ACA1-2/2021/ACA1 DATED 23-09- 2022 TRUE COPY OF THE LETTER ISSUED BY DEPUTY DIRECTOR TO THE PRINCIPAL COCHIN COLLEGE NO.F4/6435/2023/ DCEDDEKM DATED 22-07-2023