S. BALAJI Vs. STATE INSTITUTE OF HOSPITALITY MANAGEMENT

JUDGEMENT

(1.) This writ petition was originally filed by the petitioner-Principal of the 1st respondent, i.e., the State Institute of Hospitality Management, Kozhikode, challenging Ext.P13 Government letter dated 13.04.2015 declining regularization of the service of the petitioner and seeking to declare that the action of the respondents in initiating selection process as per Ext.P15 notification dated 09.12.2015 for appointment to the post of Principal under the 1 st respondent- Institute on contract basis, replacing the petitioner who has been working as Principal under the 1 st respondent-Institute on the basis of Ext.P7 order of appointment dated 18.02.2011 is illegal and bad, and for other related and consequential reliefs. Later, the 3rd respondent, i.e., the Director of Tourism and Special Officer of the 1st respondent has passed Ext.P19 order dated 27.03.2017, deciding to terminate the contract employment of the petitioner and thereupon, writ petition was amended challenging the said order and the consequential orders namely, Exts.P20 to P23. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner applied for the post of Principal under the 1st respondent-Institute in response to Ext.P2 notification issued by the Department of Tourism, Government of Kerala, inviting applications to the post of Principal of the 1st respondent-Institute from experienced professional on deputation/contract basis. The educational qualifications prescribed are: (1) Graduation from a recognized University; and (2) Degree/3 years Diploma in Hotel Management from an institute affiliated to NCHMCT/State Board of Technical Education/Recognized University. The candidate must have secured at least 55% marks in degree/Diploma in Hotel Management and for graduates in Hotel Management, item No.1 is not necessary. The experience prescribed is at least 3 years experience in Hotel related subjects as Head of the Department in an Institute of Hotel Management affiliated to National Council for Hotel Management and Catering Technology; or 20 years experience in teaching and/or Hotel industry including minimum 3 years in Hotel operations related subject(s) as Head of the Department in an Institute of Hotel Management affiliated to State Board of Technical Education/Recognized University/NCHMCT; or 20 years of experience in teaching and/or Hotel Industry including 3 years as Principal in a Food Craft Institute affiliated to NCHMCT; or minimum 20 years Hotel Industry experience including minimum 5 years in Managerial capacity in 4 Star/Heritage or above category approved Hotel. The age limit fixed was 52 years with 5 years relaxation to SC, ST and Departmental candidates etc. etc.

(3.) Petitioner secured 1st rank in the interview and the select committee recommended him for appointment as Principal. It was accordingly that as per Ext.P7 dated 18.02.2011, petitioner was appointed on contract basis, with a rider that it is likely to be made permanent on the basis of performance of service. The 7th Board of Governors Meeting held on 31.10.2012 as per Ext.P11 resolved to extent the contract for one more year and enhanced his monthly consolidated pay to Rs.62,000/-. In the 8th Governing Body meeting held on 19.02.2014, the 2nd respondent-Board of Governors directed, to forward the request of the petitioner for regularization, to the Government through the Director and Special Officer, evident from Ext.P12. But the request was rejected by the Government as per Ext.P13 dated 13.04.2015, however, without any valid reason. Therefore, according to the petitioner, Ext.P13 is laconic and the Government cannot refuse the request to make the petitioner permanent without assigning reasons. It is also pointed out that, no opportunity was afforded before taking a decision.