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High Court of KeralaWP(C)/11985/2014disposed of

Balakrishnan C. v. University Of Calicut

2015-01-29Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 11985 of 2014 (W) ---------------------------- PETITIONER(S) :

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1. BALAKRISHNAN.C., CHIRAKKAL VEEDU, RAMANATTUKARA.P.O, KOZHIKODE.

2. SOMASUNDARAN.P, PRABHA NIVAS, PUTHUR PALLICKAL.P.O, MALAPPURAM.

3. MURALEEDHARAN.P, NADUKANDIYI VEEDU, P.O.UGRAPURAM, AREEKODE, MALAPPURAM.

BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS:

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1. THE UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM, REPRESENTED BY ITS REGISTRAR.

PIN-676 635

2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM. PIN-676 635

3. THE SYNDICATE OF THE UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM, REPRESENTED BY THE VICE CHANCELLOR.

PIN-676 635

4. THE SELECTION COMMITTEE CONSTITUTE FOR SELECTION AND APPOINTMENT TO THE POST OF PEON/WATCHMAN, REPRESENTED BY ITS CHAIRMAN (VICE CHANCELLOR, UNIVERSITY OF CALICUT). PIN-676 635 2/-

-2WP(C).NO.11985/2014 *ADDL.R5 IMPLEADED *Addl.R5. C.K.LAKSHMI,AGED 45 YEARS, D/O.NEELANDAN PALAKKANAKKANDI, CHOLAYIL VEEDU,P.O.KUZHIMANNA, MALAPPURAM DISTRICT.

*ADDL. R5 IS IMPLEADED AS PER ORDER DATED 04/07/2014 IN IA.NO. 8729/2014. R1 TO R 4 BY ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERSITY ADDL.R5 BY ADV. SMT.M.R.SREELATHA SRI.K.P.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11985 of 2014 (W) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF THE JUDGMENT IN W.P(C).NO.21504/2008 AND CONNECTED CASES EXT.P2 COPY OF THE AMENDMENT SO MADE TO THE FIRST ORDINANCE EXT.P3 COPY OF THE RELAVANT EXTRACT OF THE MINUTES OF THE SYNDICATE DATED 16/03/2014 EXT.P4 COPY OF THE PROFORMA SUBMITTED BY ONE OF THE PETITIONERS EXT.P5 COPY OF THE MINUTES OF THE SYNDICATE DATED 16/05/2013 APPROVING THE RECOMMENDATION OF THE STANDING COMMITTEE. EXT.P6 COPY OF THE RESOLUTION DATED 09/09/2013.

RESPONDENT(S)' EXHIBITS AND ANNEXURES:

-------------------------------------------------------------------- EXT.R5(A) COPY OF THE CLR IDENTITY CARD ISSUED TO THE PETITIONER HEREIN.

EXT.R5(B) COPY OF THE NOTIFICATION DATED 21/12/2013 ISSUED BY THE RESPONDENT UNIVERSITY AND THE RELEVANT PAGE OF THE LIST EXT.R5(C) COPY OF THE CALL LETTER DATED 11/4/2014 ISSUED BY THE RESPONDENT UNIVERSITY TO THE PETITIONER.

ANNEX R1(1) COPY OF THE UNIVERSITY ORDER NO.12458/2014/ADMN DATED 31/12/2014.

/TRUE COPY/ P.A.TO.JUDGE

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.11985 of 2014 ***************************************************** Dated this the 29th day of January, 2015

JUDGMENT

Petitioners were appointed as C.L.R. Workers in the service of the Calicut University during 1990's and they have crossed the age of 50. The present grievance of the petitioners is that the Syndicate of the University decided not to consider C.L.R. Workers who have crossed the age of 50 for appointment to the post of Peons/Watchman in the service of the University. As per the University Ordinance, 30% of the appointment to the post of Peon and Watchman be given to the list of C.L.R. Workers. 2.

In this matter, a statement has been filed by the respondent University. It is stated in Ext.R1(1) that the Syndicate has taken a decision to consider all candidates of C.L.R. Workers who have crossed the age of 50 and therefore, there is no scope for any apprehension that the petitioners will not be included.

W.P.(C) No.11985 of 2014 2

3. In view of the subsequent fact that the petitioners will be considered for the appointment to the post of Peon/Watchman, there is no substantial issue to be decided in this case. 4.

However, the learned counsel for the petitioners would point out that norms prescribed in Ext.P3 for allotting marks is based on the age. It is submitted that the persons who have crossed the age of 50 also should be assigned suitable marks and the table has to be revised accordingly.

In view of the fact that the Syndicate has taken a decision to include the petitioners for consideration and there shall be a direction to assign suitable marks to the candidates who have crossed age of 50. All other issues are left open. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln