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2013 Supreme(Online)(KER) 46553
HIGH COURT OF KERALA
P.N.RAVINDRAN, J
DIVYA MARY DAISE S – Appellant
Versus
STATE OF KERALA – Respondent
WRIT PETITION (CIVIL) 26758/2012
Legal provisions concerning age limits for appointment can be relaxed in special cases where candidates are otherwise qualified.
Headnote:
Approval - Appointment of Assistant Professor - Kerala Collegiate Education Service Rules 1994 - Key provisions concerning age limit for appointment were challenged and the court emphasized the necessity of flexibility in rule application for qualified candidates.
Fact of the Case:
The petitioner, a Mathematics postgraduate, was denied approval for her appointment as Assistant Professor due to not meeting the minimum age requirement. After a request for relaxation was denied by the government, she filed a writ petition seeking the quashing of the government's order and approval of her appointment.
Finding of the Court:
The court found in favor of the petitioner after considering a government letter approving her appointment with a relaxation of the age limit. The court concluded that the University Registrar should approve her appointment and disburse her salary and arrears.
Issues: Whether the government’s refusal to approve the petitioner’s appointment based on age criteria was justified and whether the rules could be relaxed in her case.
Ratio Decidendi: The court held that qualified candidates should not be rigidly excluded from appointment due to minor age-related discrepancies, emphasizing the importance of merit and the application of discretion under special circumstances.
Final Decision: The writ petition was disposed of with directions to approve the petitioner’s appointment and disburse her salary.
J U D G M E N T
The petitioner, a post graduate degree holder in Mathematics, who was born on 21.1.1988, was appointed as Assistant Professor in Mathematics in Fathima Matha National College, Kollam with effect from 7.2.2011. The University of Kerala declined to approve the petitioner’s appointment on the ground that she had not completed 22 years of age as on first of January, 2010, the year in which notification inviting applications was issued. The petitioner thereafter moved the Registrar of the University of Kerala by submitting Ext.P9 representation to condone the 20 day's shortage in the minimum age limit and to approve her appointment. The Standing Committee of the Syndicate on Teaching and Non-Teaching Staff that met on 8.5.2012 considered the said request and resolved to recommend relaxation of the minimum age requirement by 20 days and to approve the appointment subject to concurrence of the Government. The Government however turned down that request by Ext.P11 order dated 19.10.2012. Aggrieved by Ext.P11, the petitioner filed Ext.P12 representation before the Government requesting the Government to reconsider its decision. The instant writ petition was thereupon filed WPC No.26758/2012 2 seeking the following reliefs:
“(i) To issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exhibit P11 (ii) To declare that clause 4 of “the Kerala Collegiate Education Service Rules 1994” is arbitrary, illegal and without any rationale and to quash the same by issuing appropriate writ, order or direction (iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st & 4th respondents to consider Exhibit P12 Appeal Petition on the basis of Exhibit P10 resolution of the University and issue orders granting relaxation in exercise of the inherent powers conferred on the Government (iv) To declare that petitioner is entitled to get salary and arrears w.e.f.7.2.2011 ie., for the period which she had worked and accordingly direct the 4th respondent to do the needful to disburse salary and arrears w.e.f.7.2.2011.”
2. When the writ petition came up for hearing today, Sri.Babu Varghese, learned Senior Advocate appearing for the petitioner made available to me a copy of letter No.37139/D2/12/H.Edn. dated 9.1.2013 sent by the Principal Secretary to Government, Higher Education Department to the Director of Collegiate Education, Thiruvananthapuram, with copies to the Deputy Directors of Collegiate Education at Kollam and Kozhikode and the Manager/Principal of Fathima Mata National College, Kollam. The Government have in the said letter directed the competent authority to approve the appointment of the petitioner and to disburse salary and allowances to WPC No.26758/2012 3 her in relaxation of the rules as a special case. Besides the case of the petitioner, the Government had in the said letter directed approval of two other teachers as well. The said letter is extracted below in full and a copy of the same is also incorporated in the records.
GOVERNMENT OF KERALA HIGHER EDUCATION (D) DEPARTMENT No.37139/D2/12/H.Edn. Thiruvananthapuram Dated: 09.01.2013 From The Principal Secretary to Government To The Director of Collegiate Education, Thiruvananthapuram Sir Sub:- Higher Education Department -Private Aided Colleges-Approval for appointment of Assistant Professors:- reg Ref:-1. Letter No.E2-7265/11 dated 05/07/2012 of the Deputy Director of Collegiate Education, Kozhikode
2. Your Letter No.D1/24424/12/Coll.Edn. dated 12/07/2012 3. Your Letter No.D4/38890/12/Coll.Edn. dated 27/11/2012
4. Government Letter No.26359/D2/12/HEd. dated 24/09/2012 5. Government Letter No.19526/D1/12/HEd. dated 19/10/2012 I am to invite your attention to the reference cited and to inform you that Sri.Sujith K.V., Assistant Professor at Payyannur College, Payyannur, Smt.Bivitha T.K., Assistant Professor in Physics, Sree Narayana College, Kannur and Smt.Divya Mary Daise S., Assistant Professor in Mathem
