High Court of KeralaWP(C)/14891/2015disposed of

Reshma R. v. The University Of Kerala

2015-06-25Honourable Dr. Justice A.K.Jayasankaran Nambiar6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 WP(C).No. 14891 of 2015 (J) ------------------------------------------- PETITIONER(S):

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1. RESHMA R. AGED 27 YEARS

2. SHIJIDA SHAIN

3. ANUPAMA SATHYAN S

4. SYAM SASANKAN

5. RIJAD M.M ASSISTANT PROFESSOR, MECHANICAL ENGINEERING

6. ANILA SOMAN

7. THANOOJ T

8. BHANU S NAIR ASSISTANT PROFESSOR, CIVIL ENGINEERING

9. SUMA C.S

10. SAJANA S

11. ANIL SHAFEE

12. KEERTHY VIJAY V.S

13. SUMISHA M.S

14. SALU LEKSHMAN

15. ARUN B.I

16. RAJIMOL V

17. DRISHYA S.S

18. HASEENA BEEGUM

19. DIVYA D.T

20. MINU J MOHAN

21. KRISHNA J.S

22. NISANA NAZEER

23. VINITH T.P ELECTRICAL AND ELECTRONICS ENGINEERING BY ADVS.SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S):

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1. THE UNIVERSITY OF KERALA UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM 695 001 REPRESENTED BY THE REGISTRAR.

2. THE REGISTRAR UNIVERSITY OF KERALA, UNIVERSITY BUILDINGS THIRUVANANTHAPURAM 695 001.

3. THE VICE CHANCELLOR UNIVERSITY OF KERALA, UNIVERSITY BUILDINGS THIRUVANANTHAPURAM 695 001.

4. THE PRINCIPAL THIRUVANANTHAPURAM 695 581.

R1 BY ADV. SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14891 of 2015 (J) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE MINUTES OF THE MEETING OF THE MONITORING COMMITTEE HELD ON 26.04.13.

EXHIBIT P2.

COPY OF THE MINUTES OF THE COMBINED MEETING OF THE STANDING COMMITTEES OF THE SYNDICATE ON (1) STAFF EQUIPMENTS AND BUILDINGS AND (2) FINANCE HELD ON 22.04.2014. EXHIBIT P3.

COPY OF THE MINUTES OF THE MEETING CONVENED ON 14.08.14. EXHIBIT P4.

COPY OF THE SAID ORDER BEARING NO.AD.C1.UCE/MC/2014-2 DATED 23.09.14.

EXHIBIT P5.

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIONER BEARING NO.AD.C1.11287.IT/2015 DATED 06.03.2015. EXHIBIT P6.

COPY OF THE REPRESENTATION DATED 4.5.14 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P7.

COPY OF THE NOTIFICATION BEARING NO.AD.C1.UCE/29891/2014 DATED 21.06.2014.

EXHIBIT P8.

COPY OF THE MOVED REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

EXHIBIT P9.

COPY OF THE NOTE TO SYNDICATE AND MINUTES OF THE MEETING OF THE SYNDICATE HELD ON 25.05.2013.

RESPONDENT(S)' EXHIBITS --------------------------------------- EXHIBIT R1(a) COPY OF THE FACULTY NAMES PRESCRIBED BY AICTE TECHNICAL INSTITUTIONS (DEGREE) REGULATIONS 2010.

EXHIBIT R1(b) COPY OF THE DECISION OF THE SYNDICATE APPROVING EXT.P4. // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 14891 of 2015 ===================================================== Dated this the 25th day of June, 2015

JUDGMENT

The petitioners in the writ petition, who are working as Assistant Professors on contract basis, in the University College of Engineering, Karyavattom, were aggrieved by the steps taken by the respondent University to disengage them consequent to a decision taken not to engage persons, who did not have the qualifications prescribed by the AICTE. As per the terms of the contract between the petitioner and the respondent University, the period of teaching contract was to expire by 2016 and, in that sense, the decision taken by the respondent University was to prematurely terminate the contract with the petitioners. 2.

When the matter was taken up for orders today, the learned counsel for the respondent University would produce a copy of the Minutes of the meeting of the Syndicate of the University held on 06.06.2015, wherein it was resolved to extend the period of one year for the existing B.Tech Degree holders to acquire M.Tech Degree course upto 31.05.2016. The learned counsel for the petitioners would point out that, in view of the extension now granted, the petitioner would be permitted to continue in the respondent University on the basis of their existing

-2W.P.(C). No. 14891 of 2015 contract upto 31.05.2016. He would therefore, submit that the writ petition can be closed, recording the resolution taken by the Syndicate of the respondent University.

I have heard the learned counsel for the petitioner and also the learned Standing Counsel for the respondent University. On a consideration of the facts and circumstances of the case and the submissions made across the bar, and taking note of the resolution of the Syndicate, which extends a period of one year to the existing B.Tech Degree holders to acquire an M.Tech Degree course, upto 31.05.2016, the grievance raised by the petitioners in the writ petition stands redressed. Accordingly, the writ petition is closed.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das