IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J.
Dr. Vinu Thomas, S/o. Chacko N. Thomas - appellant
Versus
State Of Kerala - Respondents
WP(C) Nos.6809 and 14391 of 2024
Decided on : 14-03-2025
(A) Writ of Certiorari - Writ of Mandamus - Petitioner's challenge to the orders issued by the 1st respondent regarding the appointment of the Director of IHRD and adverse observations made against him - The petitioner sought to quash orders and command the appointment of a qualified Director as per relevant notifications. (Paras 1 - 2 )
(B) Selection Proceedings - The Government Pleader noted that selection for the Director's post was ongoing without a suitable candidate identified - The court granted the petitioner liberty to challenge the selection process if advised. (Paras 3 - 4 )
Facts of the case:
The petitioner, Dean at a university, challenged orders affecting his position and sought the appointment of a qualified Director for IHRD.
Findings of Court:
The court recorded the Government Pleader's submission and disposed of the writ petitions, allowing the petitioner to challenge the selection proceedings.
Issues: The main issues revolved around the legality of the orders affecting the petitioner's position and the selection process for the Director's post.
Ratio Decidendi: The court emphasized the importance of following proper procedures in appointments and allowed the petitioner to pursue legal remedies regarding the selection process.
Result: Writ petitions disposed of, with liberty granted to challenge selection proceedings.
JUDGMENT :
N.NAGARESH, J.
The petitioner, who is working as Dean in the APJ Abdul Kalam Technological University, has filed W.P.(C) No.6809/2024 seeking the following reliefs:
(i) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exts.P21 and P22 orders issued by the 1st respondent;
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to remove the 6th respondent from the additional charges of Director, IHRD, forthwith;
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to appoint the Director of IHRD, in terms with Ext.P18 special rules of IHRD and Exts.P15 and P19 notifications issued by the 4th respondent AICTE, forthwith, at any rate within a time frame, as may be fixed by this Hon’ble Court;
(iv) Issue any appropriate writ, order or direction declaring that the 6th respondent has no minimum eligibility/qualification to hold the office of the 3rd respondent and discharge the functions of the Director of IHRD;
(v) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to appoint any qualified Professor and Academician, in terms of Exts.P15 and P19 notifications issued by the AICTE and Ext.P18 Special Rules of IHRD, forthwith, until the Director of IHRD is appointed on regular basis.
2. The petitioner subsequently filed W.P.(C) No.14931/2024 seeking the following reliefs:
(i) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P10 NOC issued by the 4th respondent, to the extent raising adverse observations against the petitioner, behind his back, and without notice;
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to expunge the adverse observations made against the petitioner, in Ext.P10 NOC;
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider the competency and suitability of the petitioner, to the post of Director of the 3rd respondent, in pursuance to Ext.P9 notification, untrammeled by the adverse observations made by the 6th respondent, in his capacity as 4th respondent, in Ext.P10 NOC;
(iv) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider and dispose of Ext.P11 representation, with notice to the petitioner, forthwith.
3. When these writ petitions came up for hearing today, the Government Pleader submitted that the selection proceedings for appointment to the post of Director in IHRD were carried forward but, no suitable person could be identified for appointment as Director. In view of the above, no more orders are required in these writ petitions.
4. The counsel for the petitioner submits that the petitioner has grievance against the selection proceedings now conducted and the petitioner may be granted liberty to challenge the said proceedings.
Recording the submission made by the Government Pleader and granting liberty to the petitioner to challenge the selection proceedings, if the petitioner is so advised, the writ petitions are disposed of, leaving open all legal contentions raised by the petitioner.
The court upheld the petitioner's right to challenge the legality of selection proceedings for the Director of IHRD and emphasized adherence to proper appointment procedures.
Institutions may impose undisclosed cutoff marks for selection to senior posts; no obligation to specify minima in notifications.
The decision-making process must adhere to established norms and be free from bias and favoritism.
The appointment of an In-charge Director must follow established procedures and guidelines, and any deviation from these norms, especially influenced by bias or favoritism, renders the appointment in....
The court emphasized the necessity of following established procedures for appointments in public institutions to uphold the principles of equality and transparency.
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
The Director of an NIT cannot impose disciplinary actions without explicit delegation of authority from the Board of Governors, violating principles of natural justice.
The selection process for public office cannot be challenged unless there is clear evidence of arbitrariness or bias, and revisions to eligibility criteria are permissible within the discretion of th....
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