Decided on March 03,1964

K.KUNHIPACKY Respondents


- (1.) In March, 1958, in the History Department of Women's College, Trivandrum, the post of a Professor, Grade II, fell vacant. Shri Kunhipaeky, Lecturer Brennen College, Tellicherry, was then the seniormost lecturer in History in the Government Colleges, and Smt. Saradamma was the seniormost woman Lecturer in the Department. The Government ordered Smt. Saradamma to officiate in the vacancy from March 1958; and on November 11, 1958, appointed her provisionally to the plate.
(2.) On December 1, 1958, Shri Kunhipacky submitted representation before the Government pointing out "that the old practice of reserving the vacancies. in the Women's College for women had already been abandoned by the Government, when Shri Seshadri, Lecturer in Philosophy of University College, Trivandrum, was promoted and posted as Professor of Philosophy in the Women's College, as he was the seniormost Lecturer in Philosophy Department", and claiming to be substituted in the place given to Smt. Saradamma; and followed it by another representation dated July 13, 1959. On February 25, 1960, the Government informed him of their reluctance to post him as a Professor in the Women's College, but assured him higher rank over Smt. Saradamma when he would be appointed as Professor. A further representation by Shri Kunnipacky suggesting transfer of Smt. Saradamma to the Training College, Tellicherry, and promotion and posting of himself in the Women's College, Trivandrum, met with no better success. His last representation accusing Government of gross violation of "all principles of natural justice" was not replied to. He then filed O. P. No. 668 of 1961 for a writ of certiorari to cancel the order of promotion of Smt. Saradamma, and for a mandamus to direct the Government to pass orders promoting him with effect from November 6, 1958, and giving him the salary of a Professor from such date.
(3.) In answer to that motion, the State contended that, when the College was under the Kerala University before September 13, 1957, it was treated as a separate unit, and that the convention of appointing women only in the Women's College,, unless a qualified woman was not available, was followed for some time even after the institution was brought under the control of the Government.;

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