ASHA T. VARKEY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is presently working as a Sec. Officer at the APJ Abdul Kalam Technological University (APJ AKTU). It was while working as a Sec. Officer in the MG University, that the petitioner had responded to a call by the Government to exercise her option and join the new Technological University being set up as per the APJ Abdul Kalam Technological University Act, 2015 (Act 17 of 2015). She was appointed on 27/7/2017. Her grievance is that though she has served the APJ AKTU for more than five years, she still remains as a Sec. Officer, while her juniors, who had chosen to remain at the MG University, either for the reason that they were found not suitable or for non-exercise of option, have been promoted to higher posts. This serious injustice has happened due to the failure of the respondents to notify the Statute, the Ordinance and the University Service immediately after the setting up of the APJ AKTU. She asserts that after the delayed notification of the Statute on 5/8/2020, fresh options are being invited from employees of other Universities. The petitioner states that if such an event happens, her juniors would be appointed to the higher posts while the petitioner stagnates in the post of Sec. Officer as originally appointed. Highlighting this irregularity and the serious injustice meted out to the petitioner, she has approached this Court seeking to declare that the provisions of the Statute notified on 5/8/2020 as ultra vires the provisions of Act 17 of 2015 and also for incidental reliefs.

(2.) The contentions of the petitioner as detailed in the petition are as under:

(3.) A counter affidavit has been filed by the 1st respondent wherein it is stated that the Statute of APJAKTU was notified by the Government on 7/8/2020 in exercise of powers conferred under Sec. 42 and 43 of APJ Abdul Kalam Technological University Act, 2015 on 7/8/2020. In terms of the provisions of the Statute, the Syndicate is required to frame Ordinances. The University employees and non-teaching staff sanctioned by the Government before the coming into force of the Statute are to be regulated by the Statutes and the Ordinances framed by the Syndicate. In terms of Statute 15, the APJ Abdul Kalam Technological University Service has to be constituted and the Syndicate is required to prepare and publish a list of persons to be included in the University Service within six months, which was later amended as one year and six months of coming into force of the Statute. It is stated that as per Ext.P2, sanction has been accorded to the Registrar to invite options from the employees of the Universities mentioned in the schedule of the APJ Abdul Kalam Technological University Act, 2015 for appointment to non-teaching staff by order dtd. 1/1/2016. It was also ordered that in the arising vacancies in future and at the time of creation of new posts, appointments shall be made by option from the existing list. It is also stated that the grievance of the petitioner has arisen out of the non-framing of the Ordinance of the University. It is further stated that the University has taken a stand that the promotions were not made in accordance with the provisions contained in the Act or Statutes and the promotions already given would be reviewed in the Ordinance to be issued by the University and the Government has no role.