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CDJ 2026 Ker HC 478 print Preview print print
Court : High Court of Kerala
Case No : O.P.(KAT) No. 440 of 2025
Judges: THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE S. MURALEE KRISHNA
Parties : Dr. Chithra Thrivikraman Nair Versus State Of Kerala Represented By The Secretary To Government, Thiruvananthapuram & Others
Appearing Advocates : For the Appearing Parties: Antony Mukkath, SR. GP, S. Krishnamoorthy, SC, Nisha George, A.L. Navaneeth Krishnan, George Poonthottam (Sr.), Lindons C. Davis, M.R. Arunkumar, M.S.Radhakrishnan Nair, Thomas Abraham, Manu Govind, V. Aiswarya, E.U. Dhanya, Chinju P. Joyies, P. Vinayak Manoharan, Abey Johnson, P. Shammi Navas, Elizebath George, C.B. Sathy, Merciamma Mathew, Aswin.P.John, R. Ananthapadmanaban, Paul Baby, A.P. Swathy, Thara Elizabeth Thomas, R. Fousiya, A. Midhun, Advocates.
Date of Judgment : 12-03-2026
Head Note :-
Constitution of India - Article 227 -

Comparative Citation:
2026 KER 23073,
Judgment :-

Anil K. Narendran, J.

1. The additional 15th respondent in O.A.No.828 of 2023 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram, has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P27 order dated 29.07.2025 of the Tribunal in that original application, whereby the said original application and connected matters were disposed of with the directions contained in paragraph 22 of that order. Paragraph 22 of Ext.P27 order reads thus;

                  “22. In the result, these Original Applications are disposed of with the following directions;

                  (i) Government shall constitute a fresh selection committee strictly in tune with the provisions contained in Regulation 5.1.viii.A(a) of UGC Regulations 2018.

                  (ii) That selection committee shall complete the selection process as prescribed in sub-clause 5.1.viii.A(c) of 2018 Regulations.

                  (iii) The selection committee shall consider the eligibility /qualification of the applicants with reference to the UGC Regulations, 2018, which were in force as on 15.02.2022, i.e., as on the last date fixed for receipt of applications pursuant to the circular dated 28.01.2022 inviting applications; The selection shall be confined to the 110 applications received pursuant to that.

                  (iv) The Government Order dated 21.06.2022 (produced as Annexure A7 in O.A. 1374 of 2023 and Annexure A17 in O.A. 1287 of 2023) is set aside

                  (v) There shall be a direction to the respondents 1 and 2 that the deputation service in the field of teaching and research field alone shall be considered towards the experience required for the post under Regulation 4.1 V-A(II). Research publications required, shall be in tune with the UGC Regulations 2018, i.e., both peer-reviewed and UGC CARE listed, as provided in 4.1 V-A(III) itself.

                  (vi) The respondents 1 and 2 shall see that those who are granted provisional promotion pursuant to the order dated 03.08.2023 / retired are not compelled to appear for any interview for the purpose of selection/assessment for appointment to the post of Principals in Arts and Science Colleges.

                  (vii) It would be up to the respondents 1 and 2 to take a decision as to placing the select list before the DPC, as was observed in the order in O.A.No.668 of 2019;

                  (viii) The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

                  (ix) The appointments granted to the 36 persons would be subject to the outcome of this re-selection.

                  (x) For the remaining vacancies the respondents would be free to call for applications and conduct a selection in accordance with law.”

2. On 04.11.2025, when this original petition came up for consideration, the learned Senior Government Pleader took notice for respondents 1 and 2, the learned Standing Counsel for University Grants Commission took notice for the 5th respondent and Sri. Lindons C. Davis, the learned counsel took notice for the 6th respondent. Notice on admission was ordered to others by speed post returnable within two weeks. In the order dated 04.11.2025, it was made clear that any orders passed pursuant to Ext.P27 order dated 29.07.2025 of the Tribunal in O.A.No.828 of 2023 shall be subject to the outcome of this original petition.

3. Today, when this original petition is taken up for consideration, along with I.A.No.6 of 2026, the petitioner has placed on record Ext.P34 select list dated 08.03.2026 published by the 1st respondent State, which is one published pursuant to the directions contained in Ext.P27 order dated 29.07.2025 of the Tribunal in O.A.No.828 of 2023 and connected matters. The document marked as Ext.P35 is the consequential order passed by the 1st respondent State, whereby the petitioner, along with others, are given promotion as Principal of various Arts and Science Colleges in the State. The petitioner has also filed I.A.No.5 of 2026 seeking an order directing respondents 1 and 2 to regularise her appointment as Principal, with effect from 24.08.2023, and grant her all consequential benefits.

4. Heard the learned counsel for the petitioner-additional 15th respondent, the learned Senior Government Pleader for respondents 1 and 2 and the respective learned counsel for respondents 5, 8, 17 and 20.

5. Having considered the materials on record and the submissions made at the Bar, we notice that the exercise directed to be undertaken by Ext.P27 order dated 29.07.2025 of the Tribunal in O.A.No.828 of 2023 and connected matters has culminated in the publication of Ext.P34 select list dated 08.03.2026, which was followed by Ext.P35 order, whereby the petitioner and others were granted promotion as Principal in various Arts and Science Colleges in the State.

6. Since the direction contained in Ext.P27 order dated 29.07.2025 of the Tribunal in O.A.No.828 of 2023 has already been implemented by publishing Ext.P34 select list, followed by Ext.P35 order and the petitioner is also a beneficiary of that order, she cannot proceed with the challenge made in this original petition against Ext.P27 order.

                  In the result, this original petition fails on the aforesaid ground and the same is accordingly dismissed; however, without expressing anything on the legality or otherwise of Ext.P34 select list and Ext.P35 order.

 
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