GANESH J.G. v. THE STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-09. GANESH J.G. v. THE STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942 WP(C). No. 22943 OF 2020(P) PETITIONER: GANESH J. G. , AGED 33 YEARS S/O. GOPINATHAN PILLAI, NANDANAM, PADINJATTINKARA, KOTTARAKARA - 690 506 SRI. R. RAJESH(PULLIKADA) RESPONDENTS: 1 THE STATE OF KERALA REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE DIRECTOR DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASOM ROAD, FORT P. O. , THIRUVANANTHAPURAM-695 023 3 THE SENIOR JOINT DIRECTOR DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASOM ROAD, FORT P. O. , THIRUVANANTHAPURAM-695 023 4 THE PRINCIPAL N. S. S. POLYTECHNIC COLLEGE, PANDALAM P. O. , PATHANAMTHITTA-689 501 5 N. S. S. POLYTECHNIC COLLEGE PANDALAM, PATHANAMTHITTA DISTRICT-689 653 REP. BY ITS CHAIRMAN. SMT. NISHA BOSE - SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09. 12.
2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No. 22943 OF 2020(P) JUDGMENT Dated this the 9th day of December 2020 The petitioner says that he is working as a Lecturer in Mechanical Engineering in the NSS Polytechnic, Pandalam and that he has been constrained to approach this Court because the official respondents have refused to endorse his Post Graduate Degree in his service book, which alone can lead to the grant of consequential service benefits to him. 2. The petitioner says that, as is evident from Ext. P6, he has been allowed to pursue M. Tech course as a 'weekend one' and therefore, that there is no justification in the official respondents in refusing to make necessary endorsements in the service book. The petitioner, through his learned counsel, Sri. Rajesh R. , prays that official respondents be directed to make necessary endorsements in his client's service book at the earliest. 3. In response, the learned Senior Government Pleader, Smt.
Nisha Bose, submitted that the sole reason why the petitioner's service book has not been endorsed is because the fourth respondent - who is the Principal of the NSS Polytechnic College - has not yet informed the Authorities as to whether the WP(C). No. 22943 OF 2020(P) petitioner had obtained M. Tech course through regular study or 'weekend study'. The learned Senior Government Pleader submitted that if the said clarification is obtained from the fourth respondent – Principal, necessary action for endorsement of the service book of the petitioner can be made without any further delay. 4. Even though this Court had directed the petitioner to take out notice to respondents 4 and 5 by email, necessary memos have not been brought on record to indicate that this has been done. However, the learned counsel for the petitioner, Sri. R. Rajesh, affirms that his client has obtained M. Tech by pursuing of “weekend study” as was permitted through Ext.
P6; and am, therefore, of the view that the service of notice on respondents 4 and 5 would be of no consequence in this case, since the directions proposed herein would not prejudice them in any manner. 5. Moreover, as is evident from Ext. P12 judgment of this Court, another learned Judge has granted reliefs to the petitioners therein who were placed in identical circumstances noticing that once the course was allowed to be completed based on valid sanction granted, the denial of endorsement on WP(C). No. 22943 OF 2020(P) the service book is unfair and illegal. Resultantly and for the reasons above, I direct the second respondent - Director of Technical Education to dispose of the application of the petitioner for endorsement of his Post Graduate Degree in his service book, taking note of the directions in Ext. P12 judgment of this Court and to complete the same, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
I make it clear that if for any reason, the Director requires any further clarification, he will be at liberty to seek it from the petitioner, who will thereupon be enjoined in law to offer it. This writ petition is thus ordered. Sd/- DEVAN RAMACHANDRAN Stu JUDGE 2020(P) APPENDIX PETITIONER'S EXHIBITS: THE TRUE COPY OF ORDER NO. F/1618/2016 DATED 24/3/2016 OF THE CHAIRMAN, N. S. S. POLYTECHNIC, PANDALAM THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT NO. DP6/15172/16/DTE DATED 4/8/2016 THE TRUE COPY OF THE M. TECH CERTIFICATE AWARDED TO THE PETITIONER BY THE JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY, HYDERABAD THE TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA. THE TRUE COPY OF THE B. TECH DEGREE AWARDED BY THE MAHATMA GANDHI UNIVERSITY THE TRUE COPY OF G. O. (MS) NO. 29/2019/H. EDN DATED 12/2/2019 THE TRUE COPY OF THE LETTER BEARING NO. F/6013/2017 DATED 30/10/2017 BY THE CHAIRMAN OF NSS POLYTECHNIC COLLEGE. THE TRUE COPY OF LETTER NO. DP6/42106/17/D. T.
E DATED 21. 3. 2019 SENT BY THE 2ND RESPONDENT TO THE PRINCIPAL OF NSS COLLEGE THE TRUE COPY OF NO OBJECTION CERTIFICATE DATED 27/2/2019 ISSUED BY THE CHAIRMAN OF NSS POLYTECHNIC COLLEGE THE TRUE COPY OF ORDER NO. AICTE- EC/10940/19/D. T. E. DATED 28. 3. 2019 ISSUED BY THE 2ND RESPONDENT THE TRUE COPY OF THE ORDER NO. AICTE- EC/10940/19/DTE DATED 27. 4. 2019 THE TRUE COPY OF THE ORDER DATED 13. 3. 2020 IN W. P. (C) NO. 17563/2019 WP(C). No. 22943 OF 2020(P) EXHIBIT P13 THE TRUE COPY OF ORDER NO. DP6/14593/20/D. T. E. DATED 16. 9. 2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P14 THE TRUE COPY OF ORDER NO. DP6/14693/20/D. T. E. DATED 8. 10. 2020 ISSUED BY THE 3RD RESPONDENT
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