SARIKA.S Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is aggrieved by Ext.P11 by which the 3rd respondent informed the Principal of the College that petitioner cannot be considered for appointment as HOD in the Electrical branch on the ground that her seniority is in the Electronics branch. It was stated that the petitioner was appointed as lecturer in Electronics and Communication Engineering in the Electrical branch on 30.7.2007. The 3rd respondent has forwarded a copy of the GO(MS)No.75/2014/fin dated 20.2.2014 which prescribes the qualification for appointment as HOD. The principal was also asked to forward the seniority list of lecturers in Electrical wing for the purpose of appointment of HOD in Electrical wing.

(2.) The petitioner joined as a Lecturer in the Electrical and Electronics Engineering Department in NSS Polytechnic College, Pandalam on 30.7.2007. According to petitioner, even though she was appointed as lecturer in Electronics and Communication Engineering, her appointment was in the Electrical Department. The Electrical department is renamed as Electrical and Electronics Engineering Department. Pointing out Ext.P5 seniority list, the petitioner stated that she was having B.Tech with first class as on the date of her appointment on 30.7.2007, the vacancy of HOD arose in the Electrical department of the college on 31.3.2019; she is the senior most qualified hand in the Electrical and Electronics Department and is holding charge of HOD since then. In the absence of any other qualified hand the vacancy is remaining unfilled from 1.4.2019 onwards. Petitioner points out that she is fully qualified as prescribed in Annexure II to Ext.P7 Government Order. Ext.P1 degree certificate would show that the Anna University has placed her with First Class in Degree of Master of Engineering in Power Electronic and Drives under the faculty of Electrical Engineering. The said certificate was issued in 2018. She has produced her mark list pointing out the subjects she has studied. Petitioner asserts that she is a Lecturer included in the seniority list in the department of Electrical and Electronics Department.

(3.) The respondents filed a counter affidavit stating that the petitioner is not qualified in accordance with Annexure II to Ext.P7 Government Order, which is issued in implementation of AICTE Scheme and provides for the qualification for appointment as HOD. It is stated that the request of the petitioner in her representation was examined with reference to Ext.P7 Government Order, when it was found that the course offered in the college was Civil Engineering, Mechanical Engineering, Electrical Engineering, Electronics and Communication Engineering and Computer Engineering where as the petitioner is having Degree in Electronics and Communication Engineering and Masters degree in Power Electronics. It is stated that the Head of the Department in the Electrical Engineering has to be filled up only by promotion from the category of Lecturers from the Electrical Engineering branch.