DEPUTY DIRECTOR OF COLLEGIATE EDUCATION Vs. SANTHOSH T.

JUDGEMENT

(1.) These appeals are instituted challenging the common judgment in three writ petitions namely, W.P.(C) Nos.1459 of 2021, 8766 of 2017 and 8767 of 2017. The matter relates to the approval of the appointment of the petitioners in the writ petitions as Laboratory Assistants in the service of Sree Vyasa NSS College, Vadakkancherry, an aided college affiliated to the Calicut University and covered by the Direct Payment Scheme of the State Government. As the writ petitions were disposed of by a common judgment, the appeals are also disposed of by this common judgment. Parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in W.P.(C) No.1459 of 2021.

(2.) As per the staff pattern fixed by the Directorate of Collegiate Education for the College, there are 11 posts of Laboratory Assistants. In terms of Statute 66 of the Calicut University (Conditions of Service of the Teachers and Members of Non-Teaching Staff) First Statutes, 1979 (the Statutes), vacancies in the higher grades in private colleges are to be filled up by promotion from the next lower categories, if qualified persons are available and if not, by direct recruitment, by inviting applications and conducting a selection as prescribed in the Statutes. As qualified hands were not available in the service of the College in the categories next lower to the grade of Laboratory Assistant, the College resorted to the process of direct recruitment for filling up the vacancies in the post of Laboratory Assistant. Ext.P5 is the notification issued by the College in this regard. Thereupon, a Selection Committee was constituted. Based on the recommendations of the Selection Committee, a selection was conducted and the management appointed the petitioners in the writ petitions as Laboratory Assistants in the College between 9/9/2013 and 7/7/2014.

(3.) The appointments of the petitioners were however not approved by the competent authority on the ground that candidates seeking appointment to the post of Laboratory Assistant shall have to clear Attenders Test conducted by the Kerala Public Service Commission in terms of Statute 41(12) of the Statutes. The Attenders Test being one conducted by the Kerala Public Service Commission only for in-service Office Attendants of private colleges, the petitioners took up the matter with the Government for appropriate orders to absolve them from clearing the Attenders Test. On the said representation of the petitioners, the Government directed the Director of Collegiate Education to ascertain whether the Management has any objection in downgrading the posts of Laboratory Assistants in which the petitioners were appointed to Office Attendants for a period of one year so as to accommodate them in the said post until they complete their period of probation and then promote them to the post of Laboratory Assistant. The Management agreed to the said course and consequently, after receiving a proposal from the Management for the said purpose, the Government permitted to accommodate the petitioners in the College as Office Attendants for a period of one year and then as Laboratory Assistants. Ext.P10 is the communication sent by the Government in this regard to the Director of Collegiate Education. Consequent upon the said arrangement, the appointment of the petitioners were approved initially for a period of one year as Office Attendants and then as Laboratory Assistants. Even though the petitioners were appointed during 2013 and 2014, the process aforesaid was completed only in the month of February and March, 2016 and they have been receiving salary for the period from their respective dates of appointments only from February and March, 2016.