A. P. JAYADEVAN Vs. ARUN K.V.

JUDGEMENT

(1.) Among these appeals, W.A.No.242 of 2023 is preferred against the order in R.P.No.1272 of 2022 in W.P.(C) No.13120 of 2022 and W.A.No.259 of 2023 is preferred against the judgment in W.P.(C) No.42241 of 2022. As the issues arising for consideration in the appeals are closely interlinked, they are disposed of by this common judgment. Parties and documents are referred to in this judgment for convenience, as they appear in W.P.(C) No.13120 of 2022.

(2.) The petitioner is an Assistant Professor in an aided college affiliated to the University of Calicut. He was eligible to be considered for Career Advancement Promotion to the Senior Scale (Academic Level 11) in terms of the Regulations issued by the University Grants Commission. Career Advancement Promotions are to be granted by the Screening-cum-Evaluation Committee constituted in terms of the Regulations. As far as the teachers of affiliated colleges are concerned, the Screening-cum-Evaluation Committee is to consist of the Principal of the College, the Head of the Department and two subject experts to be nominated by the University. When the petitioner and another teacher namely, Smt.Jewel John Alappat in the Political Science Department of the College became eligible to be considered for Career Advancement Promotion to Senior Scale, at the request of the College, the University appointed one Smt.J.Anuja and one Smt.Sheela Kumari M.P. as subject experts for constituting the Screening-cum-Evaluation Committee. Pursuant to the nomination of the subject experts, a Screening-cum-Evaluation Committee (the Committee) was constituted for assessing the performance of the petitioner as also Smt.Jewel John Alappat, and a meeting of the Committee was convened on 5/11/2020 by the fourth respondent who was the Principal of the college then. It is stated by the petitioner that even though the Committee met on 5/11/2020 and resolved to grant Senior Scale to the petitioner, the fourth respondent refused to sign the minutes of the meeting of the Committee. According to the petitioner, having attended and presided over the meeting, the fourth respondent was obliged to sign the minutes of the meeting, and on account of the refusal on the part of the fourth respondent in signing the minutes, the petitioner is unable to secure promotion, which is legitimately due to him. The writ petition was filed, in the circumstances, seeking directions to the Manager and the Principal of the College to ensure that the fourth respondent signs the minutes of the meeting of the Committee and to initiate steps to promote the petitioner to the Senior Scale.

(3.) The fourth respondent filed a counter affidavit contending that even though the meeting of the Committee was convened by him on 5/11/2020, the said meeting did not take place as he had to make various arrangements on the said day for conducting a few examinations as per the protocol fixed by the Health Department of the State Government for students suspected to have been inflicted with Covid-19. It was also stated in the counter affidavit that he could not convene the Committee again as he resigned from the office of the Principal a few days after 5/11/2020.