Kerala High CourtManjula M vs The Director, Institute Of Human ... on 5 October, 2021IN THE HIGH COURT OF KERALA AT ERNAKULAM\n                                          PRESENT\n                          THE HONOURABLE MR. JUSTICE AMIT RAWAL\n                TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943\n                                  WP(C) NO. 2840 OF 2012\n\nPETITIONER/S:\n                MANJULA M\n                JUNIOR SYSTEM ANALYIST, COLLEGE OF APPLIED SCIENCE, NADAPURAM-673\n                504, KOZHIKODE.\n\n                BY ADVS.SRI.SUNIL V.MOHAMMED\n                SRI.B.JITHU\n                SMT.MARIAM SHEEN\n                SMT.P.R.RASEENA\n                SMT.M.S.SHAMNA\n                SMT.SANDHYA R.NAIR\n\n\nRESPONDENT/S:\n      1       THE DIRECTOR, INSTITUTE OF HUMAN RESOURCE DEVELOPMENT\n              THIRUVANANTHAPURAM-695 001.\n\n      2         THE PRINCIPAL SECRETARY\n                HIGHER EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695 001.\n\n      3         SAJEEVKUMAR.C.\n                LECTURER IN COMPUTER SCIENCE, COLLEGE OF APPLIED SCIENCE,\n                THIRUVAMBADI-686 612.\n\n      4         E.BEENA\n                LECTURER IN COMPUTER SCIENCE, COLLEGE OF APPLIED SCIENCE,\n                THIRUVAMBADI-686 612.\n\n      5         REJIMON V.R\n                LECTURER IN COMPUTER SCIENCE,TECHNICAL HIGHER SECONDARY SCHOOL,\n                PALLIPPURAM P.O., CHERTHALA, ALAPPUZHA DISTRICT-688 541.\n\n      6         HARIMON C.M\n                LECTURER IN COMPUTER SCIENCE, COLLEGE OF APPLIED SCIENCE,VATTAMKULAM,\n                NELLISSERI, SUKAPURAM P.O., EDAPPAL, MALAPPUARAM DISTICT-673 637.\n\n                BY ADVS.\n                SRI.DEEPU THANKAN, SC, IHRD\n                SRI.S.P.ARAVINDAKSHAN PILLAY\n                SRI.S.A.ANAND\n                SRI.K.A.BALAN\n                SRI.PETER JOSE CHRISTO\n                SMT.N.SANTHA\n\nOTHER PRESENT:\n              GP SRI JIMMY GEORGE\n\n\n      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE\n\nCOURT ON 5.10.2021 DELIVERED THE FOLLOWING:\n WP(C) NO. 2840 OF 2012\n                                           2\n\n\n\n\n                                 JUDGMENTChallenge has been laid to the selection of private respondents 3,\n\n5 and 6 as Junior           Lecturer in Institute of Human           Resource\n\nDevelopment (IHRD) on various grounds.2.    Succinctly, the facts in brief are that the petitioner while\n\nworking as the Junior System Analyst at Model Polytechnic Vatakara,\n\ncame across a notification from the Director, IHRD regarding the\n\nseniority      list      of      Junior        System      Analyst/Computer\n\nProgrammer/Technician Grade II for appointment to the post of\n\nLecturer in Computer Science under 20% posts earmarked for feeder\n\ncategories. On the basis of seniority list respondent Nos.3 to 6 were\n\nplaced as Serial No.1 to 4 and the petitioner's name was placed as\n\nSerial No.5, Ext.P1.        The rank list Ext.P2 reveals that only four\n\ncandidates ie., from 1 to 4 in the seniority dated 15.11.2010 ,were\n\nrecommended by the selection committee for appointment in reserved\n\npost (20%) of Lecturer in Computer Science.3.    Learned counsel appearing on behalf of the petitioner\n\nsubmitted that the information received under the RTI revealed that\n\nthe   qualification   was     Masters     in   Computer   Science,   whereas,\n\nrespondents lack the same as evidenced from R3(m) certificate\n WP(C) NO. 2840 OF 20123enclosed along with the counter ie, an equivalency certificate of the\n\nRegistrar of Mahatma Gandhi University, Kottayam issued in favour of\n\nthe 3rd respondent, who is stated to have been a holder of Masters in\n\nInformation    Technology      and   not       Computer   Science.           Vide\n\ncommunication dated 19.2.2014, Ext.P9,            IHRD communicated to all\n\nthe Head of institutions under IHRD to verify the equivalency\n\ncertificate in respect of the        teaching faculties working in their\n\nrespective institutions.      Respondents are holder of post graduate\n\ndegree from a distance education mode, which is not recognized by the\n\nUniversities of Kerala.      The writ petition was filed in February 2012\n\nwhereas the selections were made in 15.11.2010 only after receiving\n\ninformation under the RTI.4.    Learned       counsel   appearing     on   behalf   of   the   private\n\nrespondent opposed the writ petition              stating that it is not the\n\nnotification   Ext.P1     dated    6.7.2010     but   20.1.2010      where    the\n\nqualifications and method of appointment for the post of Lecturer in\n\nComputer Science as per the IHRD Special Rules was First Class\n\nMasters Degree in Computer Science and for feeder categories; (i)\n\nJunior System Analyst (ii) In the absence of above Technician Grade -I(iii) In the absence of (i) and (ii) above Computer Programmer (iv) In\n\nthe absence of (i), (ii), (iii) above, Technician Grade -II.        The seniority\n WP(C) NO. 2840 OF 20124list Ext.P1(3) is in consonance with the notification Ext.R3(a).\n\nRespondents are from the feeder category and therefore rightly be\n\nrecommended. Exts.R3(c), (d), (e), (f) and (g) are the certificates of\n\nMasters in Computer Sciences of the private respondents.            Vide\n\nExt.R3(l) Kannur University recognized the distance education degrees\n\nof M.Sc Computer Science equivalent to M.Sc Computer Science,\n\nthus, the objection of the petitioner is not tenable.   As per Ext.R3(k)\n\nletter   dated 6.2.2012 of the Director of Students Services and State\n\nPublic Information Officer,    Kannur University, it was informed that\n\nM.Sc Computer Science (Distance Education) Degree has been\n\nrecognized by Kannur University for the purpose of employment.5. I have heard the learned counsel for the parties and appraised\n\nthe paper book and of the view that the petitioner has not approached\n\nthe Court with clean hands in not disclosing the true copy of the\n\nnotification Ext.R3(a) dated 20.1.2010 as seniority list Ext.P1(3) was\n\ncirculated pursuant to such notification, i.e. experience in the feeder\n\ncategory including the degrees, aforementioned.          All the private\n\nrespondents    are   holders   of   Masters   in   Computer   Science,   a\n\nqualification for consideration. Petitioner's position was at Sl.No.5 in\n\nthe Seniority list. On circulation of the provisional seniority list, the\n\npetitioner failed to raise any objections with regard to the seniority.\n WP(C) NO. 2840 OF 20125Recognition of the degree by the Kannur University is the testimony\n\nthat the respondents are eligible.Writ petition sans merit and is accordingly dismissed.Sd/-sab                                              AMIT RAWAL\n\n                                                    JUDGE\n WP(C) NO. 2840 OF 20126APPENDIX OF WP(C) 2840/2012\n\nPETITIONER EXHIBITS\n\nExhibit P1                TRUE COPY OF THE SENIORITY LIST ISSUES TOTHE PETITIONER BY THE IST RESPONDENT DATED\n                          06.07.2010.Exhibit P2                TRUE COPY OF THE PROCEEDINGS REGARDING THE\n                          APPOINTMENT OF LECTURERS IN COMPUTER SCIENCE\n                          DATED 15.11.2010.Exhibit P3                TRUE COPY OF THE INFORMATION SOUGHT AND\n                          REPLY OBTAINED FROM KERALA UNIVERSITY AS PER\n                          THE RIGHT TO INFORMATION ACT.Exhibit P4                TRUE COPY OF THE INFORMATION SOUGHT AND\n                          REPLY OBTAINED FROM KANNUR UNIVERSITY AS PER\n                          THE RIGHT TO INFORMATION ACT.,\n\nExhibit P5                TRUE COPY OF THE INFORMATION SOUGHT AND\n                          REPLY OBTAINED FROM MAHATMA GANDHI\n                          UNIVERSITY AS PER THE RIGHT TO INFORMATION\n                          ACT.Exhibit P6                TRUE COPY OF THE INFORMATION SOUGHT AND\n                          REPLY OBTAINED FROM CALICUT UNIVERSITY AS\n                          PER THE RIGHT TO INFORMATION ACT.Exhibit P7                TRUE COPY OF THE CIRCULAR ISSUED BY THE IST\n                          RESPONDENT.Exhibit P8                TRUE COPY OF THE REPRESENTATION MADE BY THE\n                          PETITIONER TO THE IST RESPONDENT.RESPONDENT EXHIBITS\n\nExhibit R3(A)             TRUE COPY OF THE NOTIFICATION, NO.EBI/14877/2009/HRD DATED 20.10.2010 OF THE\n                          DIRECTOR IHRD.Exhibit R3(B)             TRUE COPY OF THE ORDER NO. EA2/038/2012/HRD\n                          DATED 23.09.2014 OF THE DIRECTOR IHRD.\n WP(C) NO. 2840 OF 20127PETITIONER EXHIBITS\n\nExhibit P9               TRUE COPY OF THE COMMUNICATION DATED\n                         19.02.2014 ISSUED BY THE IST RESPONDENT.\n\nExhibit P10              TRUE COPY OF THE CIRCULAR NO.EA2/038/2012/HRD DATED 24.07.2015 ISSUED BY\n                         THE IST RESPONDENT CIRCULAR NO.EA2/038/2012/HRD DATED 24.07.2015 ISSUED BY\n                         THE IST RESPONDENT.RESPONDENT EXHIBITS\n\nExhibit R3(C)            TRUE COPY OF THE M.SC. COMPUTER SCIENCE,\n                         DEGREE CERTIFICATE DATED 04.10.2006 OF THE\n                         3RD RESPONDENT ISSUED BY ANNAMALAI\n                         UNIVERSITY.Exhibit R3(D)            TRUE COPY OF THE PROVISIONAL CERTIFICATE\n                         DATED 29.09.2009 OF THE 5TH RESPONDENT.\n\nExhibit R3(E)            TRUE COPY OF THE DEGREE CERTIFICATE OF THE\n                         5TH RESPONDENT.Exhibit R3(F)            TRUE COPY OF THE PROVISIONAL CERTIFICATE\n                         DATED 29.09.2009 OF THE 6TH RESPONDENT.\n\nExhibit R3(G)            TRUE COPY OF THE DEGREE CERTIFICATE DATED\n                         22.12.2009 OF THE 6TH RESPONDENT.Exhibit R3(H)            TRUE COPY OF THE LETTER NO. 94873/HI/91-1\n                         DATED 17.12.1991 OF THE JOINT SECRETARY TO\n                         GOVERNMENT.Exhibit R3(I)            TRUE COPY OF THE GOVERNMENT OF INDIA'S\n                         LETTER NO. F.I-188T 13. DATED 25.11.1988\n                         ADDRESSED TO THE REGISTRAR, ANNAMALAI\n                         UNIVERSITY.Exhibit R3(J)            TRUE COPY OF THE LETTER NO. P10/286/2012\n                         DATED 21.01.2013 OF THE REGISTRAR, ANNAMALAI\n                         UNIVERSITY .Exhibit R3 (K)           TRUE COPY OF THE LETTER NO.\n WP(C) NO. 2840 OF 20128RTI/MISC/VOL.VIII/08 DATED 06.02.2012 OF THE\n                         DIRECTOR OF STUDENTS, SERVICES AND STATE\n                         PUBLIC INFORMATION OFFICER, KANNUR\n                         UNIVERSITY.Exhibit R3(I)            TRUE COPY OF THE LETTER NO. ACAD\n                         FI/EQ.COM/2003 VOL.II DATED 12.12.2018 OF\n                         THE KANNUR UNIVERSITY.Exhibit R3(M)            TRUE COPY OF THE EQUIVALENCY CERTIFICATE NO.AC.D./01/0670/12 DATED 17.04.2012 OF THE\n                         REGISTRAR M.G. UNIVERSITY KOTTAYAM, ISSUED\n                         TO THE 5TH RESPONDENT.Exhibit R1(A)            A TRUE COPY OF THE SPECIAL RULES.\n\nExhibit R1(B)            A TRUE COPY OF THE PROCEEDINGS DATED\n                         29/10/2009.