Ajal Ramakrishnan vs Athira I.C on 8 July, 2026

    0
    6
    ADVERTISEMENT

    Kerala High Court

    Ajal Ramakrishnan vs Athira I.C on 8 July, 2026

    Author: Anil K.Narendran

    Bench: Anil K.Narendran

                                                                     2026:KER:48800
                                                1
    OP(KAT)Nos.152 and 154 of 2021
    
    
                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                            PRESENT
    
                       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
    
                                               &
    
                      THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
    
           WEDNESDAY, THE 8TH DAY OF JULY 2026 / 17TH ASHADHA, 1948
    
                                     OP(KAT) NO. 152 OF 2021
    
                AGAINST THE COMMON ORDER DATED 09.12.2019 IN OA NO.1578 OF
    
    2019        AND COMMON ORDER DATED 28.04.2021 IN RA. No.4 of 2021          OF
    
    KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
    
    
    PETITIONERS/REVIEW APPLICANTS IN RA:
    
            1         AJAL RAMAKRISHNAN, AGED 28 YEARS, S/O.RAMAKRISHNAN,
                      WORKSHOP INSTRUCTOR, TECHNICAL HIGH SCHOOL,
                      VANNAPURAM, IDUKKI - 685 607, RESIDING AT CHENNATTU
                      HOUSE, VANNAPURAM P.O., IDUKKI - 685 607.
    
            2         GILEESH V.V., AGED 43 YEARS, S/O.VALSAN V.S., WORKSHOP
                      INSTRUCTOR, G.H.S.S.CHERANALLOOR, KOOVAPPADY,
                      PERUMBAVOOR, ERNAKULAM - 683 544 RESIDING AT VADASSERY
                      HOUSE, V.P.THURUTH, CHENDAMANGALAM P.O., N.PARAVOOR,
                      ERNAKULAM - 683 512.
    
            3         MANEESH C.C., AGED 32 YEARS, S/O.K.K.CHANDRASEKHARAN,
                      WORKSHOP INSTRUCTOR, G.H.S.S.NEDUVELI, KONCHIRA P.O.,
                      VEMBAYAM, THIRUVANANTHAPURAM - 695 615.
    
            4         ALI AKBAR E.T., AGED 35 YEARS, S/O.MUSTHAFA,
                      INSTRUCTOR GRADE II, DEPARTMENT OF CHEMICAL
                      ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, WEST
                      HILL, KOZHIKODE - 673 005, RESIDING AT VEERAKULATH
                      HOUSE, THURAKKAL P.O., KONDOTTY, MALAPPURAM - 673 638.
    
            5         SHEFY YOOSEF, AGED 31 YEARS, S/O.YOOSEF SULAIMAN
                      DEMONSTRATOR IN ELECTRONICS, GOVERNMENT POLYTECHNIC
                      COLLEGE, VECHOOCHIRA, PATHANAMTHITTA - 686 511
                      RESIDING AT OMANNIL HOUSE, CHATHANTHARA P.O.,
                      PATHANAMTHITTA - 686 510.
                                                                    2026:KER:48800
                                            2
    OP(KAT)Nos.152 and 154 of 2021
    
    
    
    
                      BY ADVS.
                      SRI.P.NANDAKUMAR
                      SMT.AMRUTHA SANJEEV
    
    
    RESPONDENT/S:
    
            1         ATHIRA I.C., AGED 31 YEARS, D/O.CHANDRASEKHRAN, RANK
                      HOLDER NO.54 IN RANK LIST NO.603/18/SSVII DATED
                      17/08/2018, RESIDING AT INDEEVARAM, PADINJATTIL,
                      KEEZHTHONNAKKAL, PUTHENCODE, THIRUVANANTHAPURAM - 695
                      584.
    
            2         JITHIN J.S., AGED 26 YEARS, S/O.JAYAN, RANK HOLDER
                      NO.1 IN SUPPLEMENTARY RANK LIST (HINDU NADAR) IN RANK
                      LIST NO.603/18/SSVII DATED 17/08/2018 RESIDING AT
                      59/930, SREE BHAVAN, KUTHIRAVATTOM, VENGANNOOR P.O.,
                      THIRUVANANTHAPURAM - 695 523.
    
            3         LIJU RAJ T., AGED 33 YEARS, S/O.RAJU J., RANK HOLDER
                      NO.1 IN SUPPLEMENTARY RANK LIST (LATIN CATHOLIC/ANGLO
                      INDIAN) IN RANK LIST NO.104/19/SSVII DATED 08/02/2019
                      RESIDING AT THEKKE NAGANEZHATH, ERAMALLOOR P.O.,
                      EZHUPUNNA, ALAPPUZHA - 688 537.
    
            4         UNNIKUTTAN C., AGED 28 YEARS, S/O.CHIDAMABARAN, RANK
                      HOLDER NO.77 IN RANK LIST NO.104/19/SSVII DATED
                      08/02/2019 RESIDING AT LALITHALAYAM, VARANAD P.O.,
                      CHERTHALA, ALAPPUZHA - 688 539.
    
            5         VEENA MARY, AGED 31 YEARS, D/O.YESUDAS, RANK HOLDER
                      NO.3 IN SUPPLEMENTARY RANK LIST (LATIN CATHOLIC/ANGLO
                      INDIAN) IN RANK LIST NO.1154/17/SIV DATED 13/12/2017
                      RESIDING AT LOORDU VILASAM, MARTHRA P.O., KARAVALOOR,
                      PUNALUR - 691 333.
    
            6         STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,
                      GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
    
            7         HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
                      REPRESENTED BY PRINCIPAL SECRETARY TO HIGHER
                      EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
                      - 695 001.
    
            8         FINANCE DEPARTMENT , GOVERNMENT OF KERALA, REPRESENTED
                      BY PRINCIPAL SECRETARY TO FINANCE, GOVERNMENT
                      SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
                                                                                       2026:KER:48800
                                                      3
    OP(KAT)Nos.152 and 154 of 2021
    
    
    
    
            9         DIRECTORATE OF TECHNICAL EDUCATION
                      REPRESENTED BY DIRECTOR OF TECHNICAL EDUCATION,
                      PADMAVILASOM STREET, FORT P.O., THIRUVANANTHAPURAM -
                      695 023.
    
           10         ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
                      REPRESENTED BY ITS CHAIRMAN, NELSON MANDELA MARG,
                      VASANT KUNJ, NEW DELHI - 110 070.
    
           11         KERALA PUBLIC SERVICE COMMISSION
                      REPRESENTED BY ITS SECRETARY, PATTOM,
                      THIRUVANANTHAPURAM - 695004.
    
           12         THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION
                      PATTOM, THIRUVANANTHAPURAM - 695 004.
    
           13         SUJITH KUMAR K.V., AGED 36 YEARS
                      S/O.S.KESAVAN ASHAN, RESIDING AT SAROVARAM, VENKAVILA,
                      IRINCHAYAM P.O., NEDUMAMGAD, THIRUVANANTHAPURAM - 695
                      561 PRESENTLY WORKING AS WORKSHOP INTRUCTOR,
                      GOVERNMENT TECHNICAL HIGH SCHOOL, PAMPADY, KOTTAYAM -
                      686 502.
    
           14         KIRAN K.S., AGED 37 YEARS, S/O.KRISHNAN G., DWARAKA,
                      KUDUMBANOOR, PRAVACHAMBALAM, NEMOM P.O.,
                      THIRUVANANTHAPURAM - 695 020 PRESENTLY WORKING AS
                      WORKSHOP INSTRUCTOR, GOVERNMENT POLYTECHNIC COLLEGE,
                      NEDUMANGAD - 695 541.
    
    
                      BY ADVS.
                      SHRI.RAGHUL SUDHEESH
                      SRI.K.J.GLAXON
                      SRI.SAJITH KUMAR V.
                      SMT.J.LAKSHMI
                      SHRI.AMAL JEES ALEX
                      ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
                      SMT.SABEENA P. ISMAIL, GOVERNMENT PLEADER
                      SHRI.T.S.SHYAM PRASANTH, SENIOR G.P.
                      SRI.P.C.SASIDHARAN, SC, KPSC
                      SRI.A.J VARGHESE, SR.G.P
    
             THIS OP KERALA ADMINISTRATIVE TRIBUNAL WAS FINALLY HEARD ON
    05.06.2026          ALONG        WITH   OP(KAT)       No.154   of   2021,   THE   COURT     ON
    08.07.2026 PASSED THE FOLLOWING:
                                                                      2026:KER:48800
                                                4
    OP(KAT)Nos.152 and 154 of 2021
    
    
    
    
                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                            PRESENT
    
                       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
    
                                               &
    
                      THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
    
           WEDNESDAY, THE 8TH DAY OF JULY 2026 / 17TH ASHADHA, 1948
    
                                     OP(KAT) NO. 154 OF 2021
    
                AGAINST THE COMMON ORDER DATED 09.12.2019 IN OA NO.1417 OF
    
    2019        AND COMMON ORDER DATED 28.04.2021 IN RA. No.5 of 2021          OF
    
    KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
    
    
    PETITIONERS/REVIEW APPLICANTS IN R.A:
    
            1         AJAL RAMAKRISNAN,AGED 28 YEARS, S/O.RAMAKRISHNAN,
                      WORKSHOP INSTRUCTOR, TECHNICAL HIGH SCHOOL,VANNAPURAM,
                      IDUKKI - 685 607 RESIDING AT CHENNATTU HOUSE,
                      VANNAPURAM P.O., IDUKKI - 685607.
    
            2         GILEESH V.V.,AGED 43 YEARS, S/O.VALSAN V.S., WORKSHIP
                      INSTRUCTOR, G.H.S.S.CHERANALLOOR, KOOVAPPADY,
                      PERUMBAVOOR, ERNAKULAM - 683 544 RESIDING AT VADASSERY
                      HOUSE, V.P.THURUTH, CHENDAMANGALAM P.O., N.PARAVOOR,
                      ERNAKULAM - 683512.
    
            3         MANEESH C.C.,AGED 32 YEARS, S/O.K.K.CHANDRASEKHARAN,
                      WORKSHOP INSTRUCTOR, G.H.S.S.NEDUVELI, KONCHIRA P.O.,
                      VEMBAYAM, THIRUVANANTHAPURAM - 695615.
    
            4         ALI AKBAR E.T.,AGED 35 YEARS, S/O.MUSTHAFA, INSTRUCTOR
                      GRADE II, DEPARTMENT OF CHEMICAL ENGINEERING,
                      GOVERNMENT ENGINEERING COLLEGE, WEST HILL, KOZHIKODE -
                      673005 RESIDING AT VEERAKULATH HOUSE, THURAKKAL P.O.,
                      KONDOTTY, MALAPPURAM - 673638.
    
            5         SHEFY YOOSEF,AGED 31 YEARS, S/O.YOOSEF SULAIMAN
                      DEMONSTRATOR IN ELECTRONICS, GOVERNMENT POLYTECHNIC
                      COLLEGE, VECHOOCHIRA, PATHANAMTHITTA - 686 511
                      RESIDING AT OMANNIL HOUE, CHATHANTHARA P.O.,
                                                                    2026:KER:48800
                                            5
    OP(KAT)Nos.152 and 154 of 2021
    
    
                      PATHANAMTHITTA - 686510.
    
                      BY ADVS.
                      SRI.P.NANDAKUMAR
                      SMT.AMRUTHA SANJEEV
    
    RESPONDENTS/RESPONDENT IN RA:
    
            1         VINOD M.S.,AGED 35 YEARS, S/O.SIVAKUMAR K.S., RANK
                      HOOLDER NO.73 IN RANK LIST NO.874/2016/SSVII DATED
                      30/12/2016 RESIDING AT KRISHNAKRIPA, SARKARA,
                      CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 304.
    
            2         ABHIROOP V.M.,AGED 31 YEARS, S/O.J.VIJAYAKUMAR, RANK
                      HOLDER NO.3 IN SUPPLEMENTARY RANK LIST (LATIN
                      CATHOLICS/ANGLO INDIAN) IN RANK LIST NO.874/2016/SSVII
                      DATED 30/12/2016 RESIDING AT DELIGHT, MVC-46 TC
                      11/582-1, MUSEUM BAINS COMPOUND, KOWDIAR - 695003.
    
            3         STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,
                      GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
    
            4         HIGHER EDUCATION DEPARTMENT,GOVERNMENT OF KERALA,
                      REPRESENTED BY PRINCIPAL SECRETARY TO HIGHER
                      EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
                      - 695001.
    
            5         FINANCE DEPARTMENT,GOVERNMENT OF KERALA, REPRESENTED
                      BY PRINCIPAL SECRETARY TO FINANCE, GOVERNMENT
                      SECRETARIAT, THIRUVANANTHAPURAM - 695001.
    
            6         DIRECTORATE OF TECHNICAL EDUCATION,
                      REPRESENTED BY DIRECTOR OF TECHNICAL EDUCATION,
                      PADMAVILASOM STREET, FORT P.O., THIRUVANANTHAPURAM -
                      695 023.
    
            7         ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
                      REPRESENTED BY ITS CHAIRMAN, NELSON MANDELA MARG,
                      VASANT KUNJ, NEW DELHI - 110070.
    
            8         KERALA PUBLIC SERVICE COMMISSION,
                      REPRESENTED BY ITS SECRETARY, PATTOM,
                      THIRUVANANTHAPURAM - 695004.
    
            9         THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION
                      PATTOM, THIRUVANANTHAPURAM - 695004.
    
           10         SUJITH KUMAR K.V.,AGED 36 YEARS, S/O.S.KESAVAN ASHAN,
                                                                                       2026:KER:48800
                                                      6
    OP(KAT)Nos.152 and 154 of 2021
    
    
                      RESIDING AT SAROVARAM, VENKAVILA, IRINCHAYAM P.O.,
                      NEDUMAMGAD, THIRUVANANTHAPURAM - 695 561 PRESENTLY
                      WORKING AS WORKSHOP INSTRUCTOR, GOVERNMENT TECHNICAL
                      HIGH SCHOOL, PAMPADY, KOTTAYAM - 686 502.
    
           11         KIRAN K.S.,AGED 37 YEARS, S/O.KRISHNAN G., DWARAKA,
                      KUDUMBANOOR, PRAVACHAMBALAM, NEMOM P.O.,
                      THIRUVANANTHAPURAM - 695020 PRESENTLY WORKING AS
                      WORKSHOP INSTRUCTOR, GOVERNMENT POLYTECHNIC COLLEGE,
                      NEDUMANGAD - 695541.
    
           12         ADDL R12 SATHEESH P.K. ,S/O. P.C. KOCHAPPU, AGED 48
                      YEARS, DEMONSTRATOR IN MECHANICAL ENGINEERING, GPTC,
                      KALAMASSERY, ERNAKULAM DISTRICT - 683104, RESIDING AT
                      PANANGATHATTIL HOUSE, MELOOR P.O., THRISSUR DISTRICT-
                      680 311
    
           13         ADDL R 13 PRAJEESH V.V, AGED 41 YEARS,
                      S/O.BALAKRISHNAN V.V,INSTRUCTOR GRADE-II IN MECHANICAL
                      ENGINEERING GOVT.ENGINEERING COLLEGE, KANNUR DISTRICT,
                      PIN-670563, RESIDING AT PRASAD NIVAS, KIRACHI, VENGAD
                      P.O, PIN-670612, KANNUR DISTRICT.
    
           14         ADDL R 14 MANOJ T.P, AGED 51 YEARS, S/O.KRISHNAN T.P,
                      ENGINEERING INSTRUCTOR, TECHNICAL HIGH SCHOOL,
                      THOTTADA, KANNUR, PIN-670007, RESIDING AT MALU'S
                      KANDANGALI PO, PAYYANUR, KANNUR DISTRICT, PIN-670307
                      [ARE IMPLEADED AS ADDITONAL RESPONDENTS 12 TO 14 AS
                      PER ORDER DATED 28/01/2025 IN IA 2/2024 IN OP(KAT)
                      154/2021]
    
                      BY ADVS.
                      SHRI.RAGHUL SUDHEESH
                      SRI.K.J.GLAXON
                      SHRI.SAJITH KUMAR V., SC, ALL INDIA COUNCIL FOR
                      TECHNICAL EDUCATION - AICTE
                      SMT.J.LAKSHMI
                      SHRI.AMAL JEES ALEX
                      SHRI.P.M.JOSEPH
                      SHRI.P.S.SAJEEV (CHIRAYIL)
                      SMT.ASWANI V. DEV
                      SRI.A.J VARGHESE, SR.G.P
                      SRI.P.C.SASIDHARAN, SC, KPSC
    
    
             THIS OP KERALA ADMINISTRATIVE TRIBUNAL WAS FINALLY HEARD ON
    05.06.2026          ALONG        WITH   OP(KAT)       No.152   of   2021,   THE   COURT     ON
    08.07.2026 PASSED THE FOLLOWING:
                                                                  2026:KER:48800
                                            7
    OP(KAT)Nos.152 and 154 of 2021
    
    
    
                                     COMMON JUDGMENT
    

    Muralee Krishna, J.

    O.P.(KAT)No.152 of 2021 is filed by the review applicants in

    SPONSORED

    R.A.No.4 of 2021 in O.A.No.1578 of 2019 and O.P.(KAT) No.154

    of 2021 is filed by the review applicants in R.A.No.5 of 2021 in

    O.A.No.1417 of 2019 on the file of the Kerala Administrative

    Tribunal at Thiruvananthapuram (the ‘Tribunal’ for short), invoking

    the supervisory jurisdiction of this Court under Article 227 of the

    Constitution of India challenging the common order dated

    09.12.2019 passed by the Tribunal in those original applications

    as well as the common order dated 28.04.2021 passed by the

    Tribunal in the review applications. For convenience of reference,

    the parties and documents are referred to in this judgment as

    they are referred to in the common order dated 09.12.2019

    passed by the Tribunal in the original applications, unless

    otherwise stated.

    2. The applicants in the original applications are candidates

    included in Annexure A1 ranked list dated 30.12.2016 produced

    in O.A.No.1417 of 2019 and Annexures A1, A2 and A3 ranked lists

    produced in O.A.No.1578 of 2019, for the post of Lecturer in
    2026:KER:48800
    8
    OP(KAT)Nos.152 and 154 of 2021

    different branches of Engineering in the Polytechnic Colleges under

    the Technical Education Department. When the authorities had

    taken steps to fill up some vacancies of Lecturers, following the

    ratio of 13:7 in respect of direct recruitment and by transfer

    appointment, the applicants approached the Tribunal with the

    original applications filed under Section 19 of the Administrative

    Tribunals Act, 1985, contending that as per the revised AICTE

    Regulations notified on 01.03.2019, the vacancies have to be

    filled up exclusively through direct recruitment. In the original

    applications, the applicants sought a direction against the

    Directorate of Technical Education to stop all appointments by way

    of by transfer promotion to the post of Lecturer in Mechanical

    Engineering (Polytechnics); a direction against the Directorate of

    Technical Education to report all vacancies to the Kerala Public

    Service Commission (‘KPSC’ for short) to make appointment to the

    post of Lecturer in Mechanical Engineering (Polytechnics); and a

    declaration that all appointments to the post of Lecturer

    (Polytechnics) and Head of Department (Polytechnics) can be

    made only by direct recruitment as mandated by the AICTE norms.

    2.1. In the original applications, on behalf of the Finance
    2026:KER:48800
    9
    OP(KAT)Nos.152 and 154 of 2021

    Department and the Directorate of Technical Education, separate

    reply statements were filed, opposing the reliefs sought for. For

    better understanding the contentions taken by those respondents

    in the original applications, we extract the relevant portions of the

    reply statements filed in O.P.(KAT)No.154 of 2021. Paragraphs 4

    to 9 of the reply statement dated 30.10.2019 filed on behalf of

    the Finance Department read thus;

    “4. AICTE scheme was implemented in Government and
    aided polytechnic colleges in the State with effect from
    01.07.2013 as per G.O.(Ms)No.75/2014/Fin dated
    20.02.2014 (Annexure A3) issued in tune with 6th AICTE
    scheme.

    5. As per G.O.(Ms)No.210/2013/H.Edn dated 30.05.2013
    (Annexure A2) of Higher Education (L) Department,
    Government have decided in principle to implement AICTE
    scheme to qualified teaching faculties in Government and
    Aided Polytechnic Colleges on the basis of norms prescribed
    by AICTE and Finance (PRC) Department was entrusted to
    issue detailed and comprehensive orders in this regard.

    6. As per G.O.(Ms)No.75/2014/Fin dated 20.02.2014,
    Government issued detailed guidelines on implementation
    of AICTE scheme in Government and Aided Polytechnic
    Colleges with effect from 01.07.2013.

    7. As per Notification F.No.37-3/Legal/2010 dated
    05.03.2010, AICTE has issued Pay scales, service conditions
    and qualifications for the teachers and other academic staff
    2026:KER:48800
    10
    OP(KAT)Nos.152 and 154 of 2021

    in Diploma level technical institutions on the basis of 6th
    CPC. Based on this notification, Government of Kerala
    implemented 6th AICTE scheme to faculties in Government
    and Aided polytechnics for the first time vide
    G.O.(Ms)No.75/2014/Fin dated 20.02.2014 w.e.f
    01.07.2013 (Annexure A3). As per this G.O, 6th AICTE
    scheme was made applicable to those Lecturers, Head of
    Departments and Principals in Engineering Subjects, in
    Government and Aided Polytechnic colleges and the
    teaching faculties in non-Engineering subjects in Aided
    Polytechnic colleges, who are fully qualified as per AICTE
    norms. In the above Government Order, it has only been
    specified that all direct recruitments to the cadre of Lecturer,
    Head of Department and Principal in the subjects covered
    under AICTE scheme, from the date of the order will deemed
    to be in AICTE scheme and such candidates must possess
    all qualifications prescribed by AICTE. The mode of
    recruitment to the post of Lecturer (Technical & Non-
    Technical), i.e. whether by-transfer/direct recruitment, has
    not been described in the above Government Order.

    8. As per Notification F.No.61-1/RIDF/7th CPC/2016-17
    dated 01.03.2019 , AICTE has issued regulations on Pay
    scales, service conditions and minimum qualifications for
    the teachers and other academic staff in Diploma level
    technical institutions on the basis of 7th CPC (Annexure A4).
    As per this scheme “Lecturer & Principals in Polytechnics”

    can be recruited either by Direct or by promotion and Head
    of Department can be recruited by Direct recruitment. But
    Government of Kerala have not yet implemented the AICTE
    2026:KER:48800
    11
    OP(KAT)Nos.152 and 154 of 2021

    Regulation 2019 to the faculties in Polytechnic Colleges in
    the State. Also, in clause 1.4(b) of the above Notification, it
    has been specified that the qualifications, Experience,
    Recruitment and Promotions, etc., during 01.01.2016 till
    the issue of the Notification shall be governed by AICTE Pay
    Scales, Service Conditions and Qualifications for the
    Teachers and other Academic Staff in Technical Institutions
    (Diploma) Regulation, 2010 dated 5th March 2010 and
    subsequent notifications issued from time to time. 6th AICTE
    regulation only describes the qualification for teaching
    faculties in polytechnics and does not prescribe mode of
    appointment to these posts and the scheme is still prevailing
    in State as the 7th AICTE regulation has not been
    implemented in the State so far.

    9. As per G.O.(Ms)No.75/2014/Fin dated 20.02.2014
    (Annexure A3), only AICTE qualified candidates can be
    appointed to the teaching posts, such as Lecturer, Head of
    Department and Principal, in Government and Aided
    Polytechnics in State. Mode appointment of teaching
    faculties in polytechnics has not been described in the above
    Government Order, as the same has not been mentioned in
    the AICTE Notification for diploma level institutions dated
    05.03.2010, based on which the Government Order dated
    20.02.2014 was issued. In the above Government Order, it
    has only been specified that all direct recruitments to the
    cadre of Lecturer, Head of Department and Principal in the
    subjects covered under AICTE scheme, from the date of the
    order will deemed to be in AICTE scheme and such
    candidates must possess all qualifications prescribed by
    2026:KER:48800
    12
    OP(KAT)Nos.152 and 154 of 2021

    AICTE. As per Annexure A4, AICTE has issued regulations
    on mode of appointment of teachers and other academic
    staff in Diploma level technical institutions on the basis of
    7th CPC. As per clause 2.1 in the regulation mode of
    appointment to the post of Lecturers & Principals in
    Polytechnics will be either by Direct Recruitment or by
    promotion and mode of appointment to the post of Heads of
    Department will be by direct recruitment. However this
    regulation has not yet been made applicable to Polytechnic
    Colleges in the State. In clause 1.4(b) of the above
    Notification, it has been specified that the qualifications,
    experience, recruitment and Promotions etc. during
    01.01.2016 till the issue of the Notification shall be shall be
    governed by AICTE Pay Scales, Service Conditions and
    Qualifications for the Teachers and other Academic Staff in
    Technical Institutions (Diploma) Regulation, 2010 dated 5 th
    March 2010 and subsequent notifications issued from time
    to time. 6th AICTE regulation only describes the qualification
    for teaching faculties in polytechnics and does not prescribe
    mode of appointment to these posts and the scheme is still
    prevailing in State as the 7th AICTE regulation has not been
    implemented in the State so far. Hence eligible candidates
    who possess the qualifications prescribed by AICTE can be
    recruited to the teaching posts in Polytechnics as per the
    existing special rules of Technical Education Department.”
    2.2. Similarly, paragraphs 4 to 7 of the reply statement

    dated 20.09.2019 filed on behalf of the Directorate of Technical

    Education read thus;

    2026:KER:48800
    13
    OP(KAT)Nos.152 and 154 of 2021

    “4. It is submitted that the sanctioned strength for the post
    of Lecturer in Mechanical Engineering in Polytechnic colleges
    is 119. The ratio between PSC and By transfer
    appointments is fixed as 13:7 as per the existing special
    rules G.O.(P)No.366/2010/HEDN dated 08.11.2010.
    Accordingly, the strength of incumbents under PSC
    recruitment and by transfer is to be maintained as 77:42.
    The number of vacancies so far reported for advice for
    candidates based on Annexure A1 ranked list is 81 and the
    permissible number which could be utilized for appointing
    PSC hands on the basis of the relevant provisions is only 77.
    Once the 13:7 ratio is attained, the order of rotation of PSC
    and By transfer to be followed for next arising vacancies is
    as stipulated in the order No. EG1/24322/2000/DTE dated
    28-01-2011. The incumbents appointed through by transfer
    method till 31.03.2019 was only 31. Therefore for
    maintaining the said ratio 10 vacancies caused due to
    promotion of incumbents as Head of Department has been
    reported for by transfer method. True copy of the Order No.
    EG1-24322/2000/DTE dated 28.01.2011 is produced
    herewith and marked as Annexure R4 (a).

    5. Thus, after attaining the said ratio, i.e., 77 : 42 in the
    post of Lecturer in Mechanical Engineering, 05 vacancies
    were occurred due to retirement of incumbents appointed
    through by transfer. Among the 05 vacancies 4 numbers of
    vacancies has been reported to PSC for direct recruitment
    and 01 vacancy has been reported for by transfer
    appointment as stipulated in the rotation chart. The existing
    vacancies, pending now to be filled up in the said post
    2026:KER:48800
    14
    OP(KAT)Nos.152 and 154 of 2021

    covered by Annexure A1 ranked list is 3(2-General 1-NCA).

    6. It is submitted that even though the special rule remain
    to be amended, Government have implemented AICTE
    Scheme to qualified teaching faculties such as Lecturer,
    Head of Section and Principal in Government and Aided
    Polytechnic Colleges in the state w.e.f. 01.07.2013 strictly
    in accordance with the specific norms and conditions
    prescribed vide Order GO(Ms) No.75/2014/Fin dated
    20/02/2014. It is specified in Order that all recruitments to
    the cadre of Lecturer, Head of Department and Principal
    from the date of the above Government order shall deemed
    to be under AICTE Scheme and for such recruitments the
    norms prescribed by AICTE should be strictly followed.
    Accordingly revised proposal for amendment of the existing
    State Service Special Rules (on the qualification prescribed
    for Polytechnic Stream) has already been forwarded to
    Government by this office letter No.EG1/44878/2012/DTE
    dated 19.07.2017 and subsequent modified draft
    Amendment of Special Rules vide letter
    No.EG1/44878/12/DTE dated 18.09.2018 and the same is
    under the consideration of the Government.

    7. Moreover as per the existing special rules, the ratio of
    appointment of Lecturer in Polytechnics is 13 : 7. As per
    the Rule 5 Note 3 of KS and SSR1960,” whenever a ratio or
    percentage is fixed for different methods of
    recruitment/appointment to a post the number of vacancies
    to be filled up by candidates from each method shall be
    decided by applying the fixed ratio or percentage to the
    cadre strength of the post to which the recruitment/transfer
    2026:KER:48800
    15
    OP(KAT)Nos.152 and 154 of 2021

    is made and not to the vacancies existing at that time.
    Accordingly, this respondent has reported vacancies for both
    direct recruitment and By transfer method.”
    2.3. After hearing both sides and on appreciation of

    materials on record, the Tribunal, by the common order dated

    09.12.2019, allowed the original applications. Paragraphs 5 to 9

    and the last paragraph of that order read thus;

    “5. We note from Annexure A5 order dated 20.02.2014 of
    the 1st respondent, that for recruitments for the post of
    Lecturer, Head of Department and Principal, in the subjects
    covered under AICTE Scheme, the norms prescribed by
    AICTE should be strictly followed. By Annexure-A6
    notification, AICTE has made a number of modifications in
    their regulations with effect from 01.03.2019. As already
    noted, in cases where the selection process has not reached
    a stage specified in the notification, further steps have to be
    taken in accordance with provisions of the revised
    regulations. It would be clear from Para. 2.1 of the
    notification that the mode of appointment for the post of
    Lecturers is only direct recruitment.

    6. Learned counsel for respondents 8 and 9 argued that
    under Para 2.6 of the AICTE notification, the rights of
    persons like them are protected. A reading of Para. 2.6 of
    the notification would show that it stipulates that the
    selection process for promotion and direct recruitment
    should be done on an annual basis. As the post of Lecturer
    is filled up through direct recruitment and not by promotion,
    2026:KER:48800
    16
    OP(KAT)Nos.152 and 154 of 2021

    the said paragraph in the regulation does not support the
    contentions of the respondents 8 and 9.

    7. We also note that in the judgment in W.P.(C)No.
    29253/2012, the Full Bench of the Hon’ble High Court had
    observed as follows:

    “17. Therefore , irrespective of whether the University Acts
    enacted under Entry 25 of List III or the Statutes framed
    thereunder are amended in line with the UGC Regulations or
    not, in view of its adoption by the State of Kerala with effect
    from 18.09.2010 as per Government Order dated 10.12.2010
    the Universities and affiliated colleges in Kerala State are
    bound to comply with the UGC Regulations, 2010. Viewed in
    that manner, the natural consequence is that the principles
    laid down by this Court in Raveendran’s case cannot be
    sustained and is overruled.”

    8. Therefore, the contention of the respondents that by
    transfer appointments can be continued till the Special Rules
    are amended, cannot be accepted.

    9. Under the above circumstances, the applicants are
    entitled to succeed. The Original Applications are
    accordingly allowed. There will be a direction to the 2nd and
    4th respondents to ensure that the substantive vacancies of
    Lecturer are reported to the Public Service Commission.
    Since, Annexure-A18 ranked list in O.A.No.1417 of 2019 is
    expiring on 29.12.2019, the vacancies of Lecturer in
    Mechanical Engineering shall be reported on or before
    20.12.2019.

    The Original Applications are disposed of as above.”
    2.4. The petitioners who have been working as Workshop
    2026:KER:48800
    17
    OP(KAT)Nos.152 and 154 of 2021

    Instructors/Demonstrator/Instructor Grade II under various

    institutions in the Technical Education Department, who are

    desirous of being appointed to the post of Lecturer in Government

    Polytechnics and were not parties to the original applications, filed

    R.A.No.4 of 2021 in O.A.No.1578 of 2019 and R.A.No.5 of 2021

    in O.A.No.1417 of 2019, seeking review of the impugned common

    order dated 09.12.2019 passed by the Tribunal in the original

    applications.

    2.5. In the review applications it was contended by the

    petitioners that as per Annexure RA2 Regulations dated

    20.05.2020 produced in R.A.No.5 of 2021, issued by the AICTE it

    is clarified that in order to avoid hardship to those faculty

    members who have already qualified or are likely to qualify shortly

    under the existing Regulations, a choice will be given to them for

    being considered for promotions and this option can be exercised

    by the incumbents within three years from date of notification and

    therefore the vacancies of Lecturers arose from 01.03.2019 to

    01.03.2022 can be filled up in the ratio of 13:7 between direct

    recruits and by transfer appointees. The petitioners further

    contended that Annexure A4 regulations produced in the O.A. are
    2026:KER:48800
    18
    OP(KAT)Nos.152 and 154 of 2021

    not been laid before the Parliament as required under Section 24

    of AICTE Act. The petitioners therefore sought setting aside of the

    common order dated 09.12.2019 passed by the Tribunal in the

    original applications.

    2.6. In the review applications, the contesting respondents

    produced a copy of the judgment of this Court in O.P. (KAT)Nos.

    542, 543 and 544 of 2019 and 38 of 2020 by which the order of

    the Tribunal dated 09.12.2019 has been modified. Thereafter, by

    the impugned common order dated 28.04.2021 the Tribunal

    dismissed the review applications as infructuous. Paragraphs 5

    and the last paragraph of that order read thus;

    “5. Heard the learned counsel for the review applicants, the
    learned counsel for the contesting respondents, the learned
    Government Pleader and the learned standing counsel for
    the PSC. We note that the Hon’ble High Court had held in
    the judgment dated 22.12.2020 in the aforesaid O.Ps.(KAT)
    that the vacancies of Lecturers in polytechnics which arose
    prior to 01.03.2019 can be filled up without reference to the
    AICTE regulations of 2019. However, all vacancies that
    arose after 01.03.2019 shall be filled up only through direct
    recruitment. The directions issued by the Hon’ble High Court
    were as follows:

    “9. Therefore, in modification of the orders issued by the
    Tribunal, we dispose of these Original Petitions directing the
    2026:KER:48800
    19
    OP(KAT)Nos.152 and 154 of 2021

    competent authority to ensure that the vacancies in the post
    of Lecturers in Technical streams in Polytechnics under the
    Technical Education Department are filled up in accordance
    with the stipulations in the Kerala Technical Education Service
    Rules, 1967, after its amendment through the Kerala Technical
    Education Service (Amendment) Special Rules, 2010 and any
    other regulation of the AICTE which was applicable at the
    relevant time in respect of all vacancies which arose prior to
    01.03.2019 and further to ensure that all vacancies which
    arose in that post (Lecturers in Technical streams in
    Polytechnics) after 01.03.2019 be filled up strictly in
    accordance with the stipulations in the AICTE Regulations on
    Pay Scales, Service Conditions and Minimum Qualifications For
    Appointment of Teachers in Technical Institutions and
    Measures for the Maintenance of Standards in in Technical
    Education – (Diploma) Regulation, 2019″.

    In view of the above decision of the Hon’ble High Court, the
    reliefs sought in the Review Applications are no longer
    available. The Review Applications are therefore dismissed
    as infructuous”.

    2.7. Being aggrieved, the petitioners are now before this

    Court with these original petitions.

    3. On 10.11.2021 when these original petitions came up for

    consideration, a Division Bench of this Court passed the following

    order:

    “One of the main points that has been urged before us by
    Sri.P.Nandakumar, learned counsel appearing for the
    petitioners in the O.P in view of RA2 notification dated
    2026:KER:48800
    20
    OP(KAT)Nos.152 and 154 of 2021

    20.05.2020 [see page 68 of the paper book in
    O.P(KAT)No.152/2021], the respondent-AICTE themselves
    have extended the cut-off date of 01.03.2019, by a further
    period of three years therefrom to enable the existing
    teaching faculty members, who are qualified or likely to be
    qualified for promotion. Further that, the main premise as
    if, the cut-off date of 01.03.2019 is inflexible and that, from
    01.03.2019, the sole method of appointment can only be
    direct recruitment, etc., is on an erroneous premise and
    that, for the extended time upto 01.03.2022, existing
    teaching faculty members, who get qualified, can have the
    legal right to be considered for promotion, as per the
    existing Rules of the State Government and that this is
    notwithstanding the provision for exclusive method of direct
    recruitment, laid down by the respondent-AICTE, as per
    Annexure-A6. In view of this submission, the learned
    Standing Counsel for the respondent-KSEB will immediately
    get instructions, as to whether the respondent-AICTE has
    issued a notification in the nature of Annexure-RA2 and
    whether the abovesaid contention of the petitioner is that
    they have the right to be considered for promotion till
    01.03.2022, is tenable, etc.
    List these cases on 29.11.2021.”

    4. On 27.05.2022, when these original petitions came up for

    consideration, the Division Bench of Court passed the following

    order:

    “Respondent AICTE and the respondent State Government
    in the Higher Education Department will furnish instructions
    2026:KER:48800
    21
    OP(KAT)Nos.152 and 154 of 2021

    to the learned Standing Counsel for the AICTE and the
    learned Senior Government Pleader respectively and may
    file their respective separate statements as to whether any
    amounts by way of grand in aid etc have been disbursed by
    the AICTE to the Government of Kerala for implementing the
    AICTE scheme in the Government Engineering Colleges and
    Government Polytechnic Colleges and if so, whether there
    are any specific provisions in those norms that failure by the
    State Government to adhere to even the norms like
    retirement age could result in penal action of the respondent
    AICTE having to demand refund of such amounts. Details in
    that regard should be averred in the respective statements
    to be filed by the respondent AICTE to the respondent State
    Government and copies of documents regarding such norms
    and also to substantiate actual payments of such grand
    should also be produced.

    List these cases on 13.06.2022.

    Handover to both sides.”

    5. On 09.08.2023, by a detailed order, the Division Bench of

    this Court directed the Registry to place the papers of these cases

    before the Hon’ble the Chief Justice for posting the matter before

    a Full Bench, for considering the correctness of the view taken by

    the Division Bench of this Court in Suresh v. State of Kerala

    [2021 (1) KLT 566 (DB)] and Haridas v. Athira [2021 (1)

    KLT 546]. Paragraphs 8 to 12 and the last paragraph of that

    reference order read thus;

    2026:KER:48800
    22
    OP(KAT)Nos.152 and 154 of 2021

    “8. In the light of the dictum laid down by the Apex Court,
    in decisions as in Jagdish Prasad Sharma’s case (supra)
    [(2013) 8 SCC 633]; Dr.J.Vijayan’s case (supra) [2022 SCC
    Online SC 958], the views laid down by the Division Bench
    of this Court in Suresh‘s case (supra) and Haridas’s case
    (supra) would require serious reconsideration.

    9. Further, it has to be seriously examined as to whether
    the parameters of method of appointment, like Direct
    Recruitment, promotion, By Transfer etc., could be directly
    and inextricably connected to co-ordination of
    determination of standards in institutions for higher
    education referable to Entry 66 of List-I of the VII schedule.

    10. In that regard it may also be pertinent to refer to the
    dictum laid down by the Seven Judge Bench of Apex Court
    in the celebrated decision in Gujarat University and Anr. v.
    Krishna Ranganath Mudholkar and Ors.
    [AIR 1963 SC 703],
    which has dealt with the various aspects regarding the
    impact of Union law feasible to Entry 66 of List-I, viz a viz,
    the State enactments.
    It may be pertinent to refer to paras
    24 to 27 of Gujarat University‘s case (supra), which read as
    follows:

    “24. The State has the power to prescribe the syllabi and
    courses of study in the institutions named in Entry 66 (but
    not falling within entries 63 to 65) and as an incident thereof
    it has the power to indicate the medium in which instruction
    should be imparted. But the Union Parliament has an
    overriding legislative power to ensure that the syllabi and
    courses of study prescribed and the medium selected do not
    impair standards of education or render the coordination of
    such standards either on an All India or other basis
    2026:KER:48800
    23
    OP(KAT)Nos.152 and 154 of 2021

    impossible or even difficult. Thus, though the powers of the
    Union and of the State are in the Exclusive Lists, a degree
    of overlapping is inevitable. It is not possible to lay down
    any general test which would afford a solution for every
    question which might arise on this head. On the one hand,
    it is certainly within the province of the State Legislature to
    prescribe syllabi and courses of study and, of course, to
    indicate the medium or media of instruction. On the other
    hand, it is also within the power of the Union to legislate in
    respect of media of instruction so as to ensure co-ordination
    and determination of standards, that is, to ensure
    maintenance or improvement of standards. The fact that the
    Union has not legislated, or refrained from legislating to the
    full extent of its powers does not invest the State with the
    power to legislate in respect of a matter assigned by the
    Constitution to the Union. It does not, however, follow that
    even within the permitted relative fields there might not be
    legislative provisions in enactments made each in pursuance
    of separate exclusive and distinct powers which may conflict.
    Then would arise the question of repugnancy and
    paramountey which may have to be resolved on the
    application of the “doctrine of pith and substance” of the
    impugned enactment. The validity of the State legislation on
    University education and as regards the education in
    technical and scientific institutions not falling within Entry
    64 of List I would have to be judged having regard to
    whether it impinges on the field reserved for the Union
    under Entry 66. In other words, the validity of State
    legislation would depend upon whether it prejudicially
    affects coordination and determination of standards, but not
    upon the existence of some definite Union legislation
    directed to achieve that purpose. If there be Union
    2026:KER:48800
    24
    OP(KAT)Nos.152 and 154 of 2021

    legislation in respect of co-ordination and determination of
    standards, that would have parmountcy over the State law
    by virtue of the first part of Art. 254(1); even if that power
    be not exercised by the Union Parliament the relevant
    legislative entries being in the exclusive lists, a State law
    trenching upon the Union field would still be invalid.

    25.Counsel for the University submitted that the power
    conferred by item No. 66 of List I is merely a power to co.-
    ordinate and to determine standards i.e. It is a power merely
    to evaluate and fix standards of education, because, the
    expression “co-ordination” merely means evaluation, and
    “determination” means fixation. Parliament has therefore
    power to legislate only for the purpose of evaluation and
    fixation of standards in institutions referred to in item 66. In
    the course of the argument, however, it was somewhat
    reluctantly admitted that steps to remove disparities which
    have actually resulted from the adoption of a regional
    medium and the falling of standards, may be undertaken
    and legislation for equalising standards in higher education
    may be enacted by the Union Parliament. We are unable to
    agree with this contention for several reasons. Item No. 66
    is a legislative head and in interpreting it unless it is
    expressly or of necessity found conditioned by the words
    used therein, a narrow or restricted interpretation will not
    be put upon the generality of the words. Power to legislate
    on a subject should normally be held to extend to all
    ancillary or subsidiary matters which can fairly and
    reasonably be said to be comprehended in that subject.
    Again there is nothing either in item 66 or elsewhere in the
    Constitution which supports the submission that the
    expression “co-ordination” must mean in the context in
    which it is used merely evaluation, co-ordination in its
    2026:KER:48800
    25
    OP(KAT)Nos.152 and 154 of 2021

    normal connotation means harmonising or bringing into
    proper relation in which all the things co-ordinated
    participate in a common pattern of action. The power to co-
    ordinate, therefore, is not merely power to evaluate, it is
    power to harmonise or secure relationship for concerted
    action. The power conferred by item 66 List I is not
    conditioned by the existence of a state of emergency or
    unequal standards calling for the exercise of the power.

    26. There is nothing in the entry which indicates that the
    power to legislate on coordination of standards in institution
    of higher education, does not include the power to legislate
    for preventing the occurrence of or for removal of disparities
    in standards. This power is not conditioned to be exercised
    merely upon the existence of a condition of disparity nor is
    it a power merely to evaluate standards but not to take steps
    to rectify or to prevent disparity. By express pronouncement
    of the Constitution makers, it is a power to co-ordinate, and
    of necessity, implied therein is the power to prevent what
    would make co-ordination impossible or difficult. The power
    is absolute and unconditional, and in the absence of any
    controlling reasons it must be given full effect according to
    its plain and expressed intention. It is true that “medium of
    instruction” is not an item in the legislative list. It falls within
    item No. 11 as a necessary incident of the power to legislate
    on education: it also falls within items 63 to 66. In so far as
    it is a necessary incident of the powers under item 66 List I
    it must be deemed to be included in that item and therefore
    excluded from item 11 List II. How far State legislation
    relating to medium of instruction in institutions has impact
    upon co-ordination of higher education is a matter which is
    not susceptible, in the absence of any concrete challenge to
    a specific statute, of a categorical answer. Manifestly, in
    2026:KER:48800
    26
    OP(KAT)Nos.152 and 154 of 2021

    imparting instructions in certain subjects, medium may have
    subordinate importance and little bearing on standards of
    education while in certain other its importance will be vital.
    Normally, in imparting scientific or technical instructions or
    in training students for professional courses like law,
    engineering, medicine and the like existence of adequate
    text books at a given time, the existence of journals and
    other literature availability of competent instructors and the
    capacity of students to understand instructions imparted
    through the medium in which it is imparted are matters
    which have an important bearing on the effectiveness of
    instruction and resultant standards achieved there by. If
    adequate textbooks are not available or competent
    instructors in the medium, through which instruction is
    directed to be imparted are not available, or the students
    are not able to receive or imbibe instructions through the
    medium in which it is imparted, standards must of necessity
    fall, and legislation for co-ordination of standards in such
    matters would include legislation relating to medium of
    instruction.

    27. If legislation relating to imposition of an exclusive
    medium of instruction in a regional language or in Hindi
    having regard to the absence of text-books and journals,
    competent teachers and incapacity of the students to
    understand the subjects, is likely to result in the lowering of
    standards, that legislation would, in our judgment,
    necessarily fall within item 66 of List I and would be deemed
    to be excluded to that extent from the amplitude of the
    power, conferred by item No. 11 of List II.”

    11. In that context, it will be pertinent to consider the
    issue as to whether the prescription of the methods of
    2026:KER:48800
    27
    OP(KAT)Nos.152 and 154 of 2021

    appointment to a teaching post in Engineering Colleges and
    Technical Institutions, like direct recruitment, promotion,
    by Transfer etc., as per the statutory special rules framed
    by the State, would directly and inevitably lead to the
    dilution of the standards of education as per the AICTE
    norms or whether it would directly and inevitably lead to
    the reduction or disparity of standards of Technical
    Education etc. There is strong force in the submissions of
    the counsel for the petitioner as well as the learned
    Additional Advocate General appearing for the respondent-
    State and departmental authorities, that matters relating
    to prescription or methods of appointments to teaching
    posts in Government Educational Institutions, may
    predominantly or exclusively fall within the province of
    policy of the State, traceable to the legislative competence
    as per Entry 41, Public Services of List-II State List, read
    with Entry 25, General Education of the Concurrent list, as
    long as the State rules strictly enforce the minimum
    qualifications for teachers prescribed by the AICTE. It is
    seriously open to doubt as to whether, prescriptions of such
    methods of appointment, like by Transfer, promotion etc.
    would directly and inevitably lead to reduction of disparity
    of standards of education in such Technical Institutions.
    Viewed from this perspective, it may be very difficult to
    hold that the statutory rules framed by the State traceable
    to Entry 41 of List-II etc., relating to prescriptions or
    methods of appointments, like by Transfer, promotion etc.
    could be viewed as being repugnant to the provisions of
    the AICTE Act. It is all the more so, as Section 10 of the
    2026:KER:48800
    28
    OP(KAT)Nos.152 and 154 of 2021

    AICTE Act, is mainly concerned with co-ordinated and
    integrated development of Technical Education and
    maintenance of standards etc.

    12. In the light of these aspects, we are of the considered
    view that the the matter would require reconsideration and
    hence, these matters are referred to a Full Bench for an
    authoritative determination of the said issues.
    Accordingly, the Registry is directed to place the papers in
    these cases before the Hon’ble Chief Justice, for posting
    the matters before a Full Bench, for considering the
    correctness of the view taken by the Division Bench of this
    Court in Suresh‘s case (supra) [2021 (1) KLT 566 (DB),
    paras 14 and 15] and Haridas’s case (supra) [2021 (1) KLT
    546, paras 6 and 7]”.

    6. By the order dated 12.09.2024, the Full Bench headed by

    the Acting Chief Justice answered the reference, holding that the

    law laid down in Suresh‘s case and Haridas’s case is correct

    law and does not require any reconsideration. Paragraphs 9 to 24

    and the last paragraph of that order read thus;

    “9. In the notification issued by the AICTE dated
    01/03/2019, it is explicitly stated that the mode of
    appointment to the post of lecturer is by direct recruitment.
    In the Kerala Technical Education Service (Amendment)
    Special Rules made by the State Government in the year
    2010, appointment to the post of lecturer is by direct
    recruitment and by transfer appointment in the ratio of
    13:7. In Haridas’s case (supra), the Division Bench held
    2026:KER:48800
    29
    OP(KAT)Nos.152 and 154 of 2021

    that Rules framed by the State under Article 309 of the
    Constitution, in conjunction with provisions of Public Service
    Act cannot operate against the stipulation of the AICTE, if
    such stipulations pertain to the maintenance of standards
    of education. The Division Bench in obvious terms opined in
    Haridas’s case (supra) that stipulation regarding direct
    recruitment can be construed as a requirement relating to
    the maintenance of standards. The Division Bench reasoned
    that AICTE had intended for fresh graduates and other
    qualified candidates to be better equipped to impart
    technical education than those who would fill the position
    through promotion.

    10. In Jagdish ‘s case (supra), which was quoted
    extensively in the reference order, the Apex Court held that
    “regulations framed by UGC under UGC Act, 1956 which
    relates to Sch.VII List I Entry 66 cannot alter any terms and
    conditions of enactments by a State under Art.309. A State
    is entitled to enact any laws about service conditions of
    teachers and other staff of State Universities, and the same
    would have effect unless repugnant to any primary Central
    legislation.”

    11. In Vijayan’s case (supra), the Apex Court reiterated that
    the question of enhancement of the age of retirement is
    exclusively within the domain of the policy-making power of
    the State Government and in paragraph 8 it was observed
    as follows:

    “8. The UGC Regulations have to be consistent with the
    directions on questions of policy relating to national
    purposes, as may be given by the Central Government as
    2026:KER:48800
    30
    OP(KAT)Nos.152 and 154 of 2021

    per Section 20 of the UGC Act, 1956. In the case of any
    dispute between UGC and the Central Government, as to
    whether a question is a question of policy relating to national
    purpose, a decision of the Central Government prevails over
    that of UGC.”

    12. We may not have much doubt as to the competence of
    the State Government to fix the method or mode of
    appointment as it falls within the power of the State to make
    laws regulating state public services under Entry 41 of List
    II. The State also has the necessary power under Article
    309
    of the Constitution to regulate the recruitment of
    service of persons appointed to public services in
    connection with the affairs of the State. Mode or method of
    recruitment cannot be equated with conditions of service in
    public services. The State’s competency under Article 309
    to regulate recruitment necessarily implies that it has the
    power to prescribe the mode and method of recruitment. At
    the same time, under the Union List in Entry 66 in List I, it
    is in the exclusive domain of the Union to prescribe
    standards of higher education which includes technical
    institutions. AICTE Act, 1987 is an enactment of the
    Parliament. In the exercise of power under that enactment,
    AICTE issued the notification. Under Section 23 of the above
    enactment, AICTE has the power to make regulations.
    Based on this power, AICTE issued notifications regulating
    the method of appointment, which means, the method of
    appointment is governed by central enactment. It cannot
    be said, that the method of appointment is not covered
    under Section 10(i) of the AICTE Act, which reads thus:

    2026:KER:48800
    31
    OP(KAT)Nos.152 and 154 of 2021

    “10. Functions of the Council. – It shall be the duty of the
    Council to take all such steps as it may think fit for ensuring
    coordinated and integrated development of technical
    education and maintenance of standards and for the
    purposes of performing its functions under this Act, the
    Council may –

    xxxxxxxxxxx
    xxxxxxxxxx

    (i) lay down norms and standards for courses, curricula,
    physical and instructional facilities, staff pattern, staff
    qualifications, quality instructions, assessment and
    examinations.”

    13. If the method of appointment would have a bearing on
    standards of learning to be imparted in technical education,
    the court cannot say that such a prescription of the method
    of appointment is beyond the power of AICTE. While, it may
    be true that AICTE Act does not explicitly grant authority to
    prescribe mode of appointment in technical institution, the
    ACITE believes that the method of appointment is integral
    to the quality of education to be imparted in a technical
    institution, the court cannot judicially review the wisdom of
    an expert body. As rightly noted in Haridas’s case (supra)
    AICTE might have concluded that open selection through
    direct recruitment would attract more meritorious
    candidates than by transfer appointment. In direct
    recruitment, it is obvious that more opportunities will be
    available to consider a large number of meritorious
    candidates. In by transfer appointments, such consideration
    is restricted and limited to those who are in employment.
    Therefore we cannot per se say that the method of
    2026:KER:48800
    32
    OP(KAT)Nos.152 and 154 of 2021

    recruitment has no direct bearing on the standard of
    education. Therefore, we all are of the view that the method
    of appointment is inextricably connected with the standard
    or quality of education in technical institutions.

    14. Under the Constitutional Scheme in the Concurrent List,
    the State is also competent to make laws under Entry 25 in
    regard to education including technical education subject to
    Entry 66 of List I. Viewed from that angle, any Rules made
    by the State invoking Entry 25 will be subject to laws made
    under the Central enactment.

    15. Furthermore, laws made by the State under Entry 41 of
    List II (State List), which relate to State Public Service, may
    overlap with laws made by the Union. Although the State
    has the authority to enact laws, such laws may become
    repugnant if conflicts cannot be avoided. The essence of the
    regulations made by the AICTE is to maintain educational
    standards, while the laws made by the State establish
    recruitment policies. Although the objectives differ, conflicts
    are inevitable, resulting in unavoidable repugnancy. This
    repugnancy can arise from the facts of the situation. It need
    not be explicitly stated in the legislation; if the court finds,
    upon inquiry, that factual repugnancy exists, the inevitable
    consequence is that the applicable law may directly conflict
    with both parliamentary and State legislation.

    16. Under the Constitution, repugnancy can arise in two
    ways. First, if enactments fall within the legislative spheres
    allocated to Parliament or State legislation, they may
    substantially or incidentally overlap, resulting in conflict. In
    light of the distribution of powers under Article 246, State
    2026:KER:48800
    33
    OP(KAT)Nos.152 and 154 of 2021

    legislation must yield to parliamentary supremacy. This
    scenario occurs when Parliament enacts a law covering a
    field under List I while the State enacts a law for fields under
    List II of Schedule VII.The second situation arises when
    laws made by Parliament and the State in the Concurrent
    List are in direct conflict. In the first situation, State law
    cannot be upheld as the constitutional framework
    emphasizes parliamentary supremacy over State laws. In
    the second situation, State law may be preserved if there is
    an inconsistency between the laws made by Parliament and
    those made by the State Legislature, provided the State law
    receives the assent of the President, as outlined in clause 2
    of Article 254.

    17. Article 246 addresses the distribution of legislative
    powers, and the non-obstante clause in Article 246(1)
    indicates that the power of Parliament is exclusive, thereby
    excluding State laws. The Constitution envisions that Union
    laws enumerated in List I shall prevail over State laws in
    List II of Schedule VII. If the court finds that the laws made
    by Parliament and the State cannot coexist, it must resolve
    the conflict, ruling that the State law becomes inoperative

    18. In Deep Chand v. The State of U.P. and Others (AIR
    1959 SCC 648), the Apex court in paragraph 16 after
    referring to American Law in regard to the effect of law
    made in excess of power in paragraph 16 held as follows:

    16. If Arts. 245 and 13 (2) define the ambit of the power to
    legislate, what is the effect of a law made in excess of that
    power? The American Law gives a direct and definite answer
    to this question. Cooley in his “Constitutional Limitations”

    2026:KER:48800
    34
    OP(KAT)Nos.152 and 154 of 2021

    (Eighth Edition, Volume 1) at page 382 under the heading
    “Consequences if a statute is void” says:-
    “When a statute is adjudged to be unconstitutional, it is as if
    it had never been And what is true of an act void in toto is
    true also as to any part of an act which is found to be
    unconstitutional, and which, consequently, is to be regarded
    as having never, at any time, been possessed of any legal
    force”

    In Rottschaefer on Constitutional Law, much to the same
    effect is stated at page 34:

    “The legal status of a legislative provision in so far as its
    application involves violation of constitutional provisions,
    must however be determined in the light of the theory on
    which Courts ignore it as law in the decision of cases in which
    its application produces unconstitutional results. That theory
    implies that the legislative provisions never had legal force as
    applied to cases within that clause.”

    In “Willis on Constitutional Law,”, at page 89:

    “A judicial declaration of the unconstitutionality of a statute
    neither annuls nor repeals the statute but has the effect of
    ignoring or disregarding it so far as the determination of the
    rights of private parties is concerned. The Courts generally
    say that the effect of an unconstitutional statute is nothing. It
    is as though it had never been passed…………..”

    “Willoughby on Constitution of the United States”, Second
    Edition, Volume I, page 10:

    “The Court does not annul or repeal the statute if it finds it in
    conflict with the Constitution. It simply refuses to recognize
    it, and determines the rights of the parties just as if such
    statute had no application…

    The validity of a statute is to be tested by the constitutional
    power of a legislature at the time of its enactment by that
    2026:KER:48800
    35
    OP(KAT)Nos.152 and 154 of 2021

    legislature, and, if thus tested, it is beyond the legislative
    power, it is not rendered valid, without re-enactment, if later,
    by constitutional amendment, the necessary legislative power
    15 granted. ‘An after-acquired power cannot, ex proprio
    vigore, “validate a statute void when enacted”

    19. In Union of India v. H.S. Dhillon (1971) 2 SCC 779, the
    Apex Court in paragraph 14 held as follows:

    “14. Reading Article 246 with the three lists in the Seventh
    Schedule, it is quite clear that Parliament has exclusive
    power to make laws with respect to all the matters
    enumerated in List I and this notwithstanding anything in
    clauses (2) and (3) of Article 246. The State Legislatures
    have exclusive powers to make laws with respect to any of
    the matters enumerated in List II, but this is subject to
    clauses (1) and (2) of Article 246. The object of this
    subjection is to make Parliamentary legislation on matters in
    Lists I and III paramount.”

    20. It is appropriate to refer to paragraphs 38 and 41 in the
    judgment of the Apex Court in M/s Hoechst Pharmaceuticals
    Ltd. and Another etc. v. State of Bihar and Others (AIR 1983
    SC 1019)
    “38. It is obvious that Art. 246 imposes limitations on the
    legislative powers of the Union and State Legislatures and its
    ultimate analysis would reveal the following essentials:

    1. Parliament has exclusive power to legislate with respect
    to any of the matters enumerated in List 1 notwithstanding
    anything contained in clauses (2) and (3). The non
    obstante clause în Art. 246 (1) provides for predominance
    or supremacy of Union Legislature. This power is not
    encumbered by anything contained in clauses (2) and (3)
    for these clauses themselves are expressly limited and
    2026:KER:48800
    36
    OP(KAT)Nos.152 and 154 of 2021

    made subject to the non obstante clause in Art. 246 (1).

    The combined effect of the different clauses contained in
    Act 246 is no more and no less than this that in respect of
    any matter falling within list I, Parliament has exclusive
    power of legislation.

    2. The State Legislature has exclusive power to make laws
    for such State or any part thereof with respect to any of
    the matters enumerated in List II of the Seventh Schedule
    and it also has the power to make laws with respect to any
    matters enumerated in List III. The exclusive power of the
    State Legislature to legislate with respect to any of the
    matters enumerated in List II has to be exercised subject
    to clause (1) i.e. the exclusive power of Parliament to
    legislate with respect to matters enumerated in List 1. As
    a consequence, if there is a conflict between an entry in
    List I and an entry in List II which is not capable of
    reconciliation, the power of Parliament to legislate with
    respect to a matter enumerated in List II must supersede
    pro tanto the exercise of power of the State Legislature.
    **********
    **********

    41. The words “Notwithstanding anything contained in
    clauses (2) and (3),, in Article 246 (1) and the words
    “Subject to Cls. (1) and (2)” in Art. 246 (3) lay down the
    principle of Federal supremacy viz. that in case of
    inevitable conflict between Union and State powers, the
    Union power as enumerated in List I shall prevail over the
    State power as enumerated in Lists II and III, and in case
    of overlapping between Lists II and III, the former shall
    prevail. But the principle of Federal supremacy laid down
    in
    Article 246 of the Constitution cannot be resorted to
    unless there is an “irreconciliable” conflict between the
    2026:KER:48800
    37
    OP(KAT)Nos.152 and 154 of 2021

    Entries in the Umon and State Lists. In the case of a
    seeming conflict between the Entries in the two lists, the
    Entries should be read together without giving a narrow
    and restricted sense to either of them. Secondly an
    attempt should be made to see whether the two Entries
    cannot be reconciled so as to avoid a conflict of
    jurisdiction. It should be considered whether a fair
    reconciliation can be achieved by giving to the language of
    the Union Legislative List a meaning which, if less wide
    than it might in another context bear, is yet one that can
    properly be given to it and equally giving to the language
    of the State Legislative List a meaning which it can
    properly bear. The non obstante clause in Article 246 (1)
    must operate only if such reconciliation should prove
    impossible. Thirdly, no question of conflict between the two
    lists will arise if the impugned legislation, by the
    application of the doctrine of “pith and substance” appears
    to fall exclusively under one list, and the encroachment
    upon another list is only incidental”

    21. In India Cement Ltd. and Others v. State of Tamil Nadu
    and Others
    (1990) 1 SCC 12, the Apex court in paragraph
    18 observed as follows:

    “18. Certain rules have been evolved in this regard, and it
    is well settled now that the various entries in the three lists
    are not powers but fields of legislation. The power to
    legislate is given by Article 246 and other articles of the
    Constitution. See the observations of this Court in Calcutta
    Gas Co. v. State of West Bengal
    . The entries in the three
    lists of the Seventh Schedule to the Constitution, are
    legislative heads or fields of legislation. These demarcate
    the area over which appropriate legislature can operate. It
    2026:KER:48800
    38
    OP(KAT)Nos.152 and 154 of 2021

    is well settled that widest amplitude should be given to the
    language of these entries, but some of these entries in
    different lists or in the same list may overlap and
    sometimes may also appear to be in direct conflict with
    each other. Then, it is the duty of the court to find out its
    true intent and purpose and to examine a particular
    legislation in its pith and substance to determine whether
    it fits in one or the other of the lists.”

    22. In Baharul Islam and Others v. Indian Medical
    Association and Others
    (AIR 2023 SC 721), the Apex Court
    held in paragraph 24 as follows:

    “24. We do not think the doctrine of repugnancy governing
    Article 254 of the Constitution of India, would apply in the
    instant case. Although, Entry 25 of List III of the Seventh
    Schedule of the Constitution of India is in the Concurrent
    List which gives powers to both the Union as well as the
    State Legislatures to pass laws on the subject of
    ‘Education’, it is significant to note that any such law to be
    made by the State Legislature is subject to, inter alia, Entry
    66 of List I or the Union List of the Seventh Schedule.
    Hence, when there is a direct conflict between a State Law
    and the Union Law in the matter of coordination and
    determination of standards in higher education (Entry 66 of
    List I) such as in medical education, concerning allopathic
    medicine or modern medicine, as is in the instant case,
    where the State Law is in direct conflict with the Union law,
    the State Law cannot have any validity as the State
    Legislature does not possess legislative competence. In
    other words, the Assam Act and Rules and Regulations
    made under the said Act, being in conflict with the Indian
    Medical Council Act, 1956
    (IMC Act, 1956) and the Rules
    2026:KER:48800
    39
    OP(KAT)Nos.152 and 154 of 2021

    and Regulations made thereunder, the doctrine of
    repugnancy as such would not apply within the meaning of
    Article 254 of the Constitution.”

    23. In this matter, this conflict is not incidental to the matter
    of appointment and being directly in conflict, the court will
    have to resolve such conflict by placing reliance on Article
    246
    of the Constitution of India. We are of the view that the
    regulation framed under the Central enactment would
    prevail over the Rules framed under the Kerala Public
    Service Act
    .

    24. In conclusion, we answer that the law laid down in
    Suresh‘s case and Haridas’s case is correct law and does not
    require any re-consideration.

    Reference is answered”.

    7. Heard the learned counsel for the petitioners, the learned

    Standing Counsel for AICTE, the learned counsel for respondents

    12 to 14 in O.P.(KAT)No.154 of 2021, the learned Senior

    Government Pleader, the learned Standing Counsel for KPSC and

    the learned counsel for the applicants in the original applications,

    who are arrayed as party respondents in these original petitions.

    8. By the order of the Full Bench dated 12.09.2024 in the

    reference, the issue of primacy of the regulation framed under the

    Central enactment over the Rules framed under the Kerala Public

    Service Act is settled. Now the only question that remains in these

    original petitions is whether the petitioners can claim promotion
    2026:KER:48800
    40
    OP(KAT)Nos.152 and 154 of 2021

    to the post of lecturer in Government Polytechnics by applying the

    ratio of 13:7 between direct recruits and by transfer appointees

    based on point 13 in Annexure RA2 which clarifies regarding the

    option for Teachers available to choose either to take promotion

    under the existing rules or as per the provisions in the notification

    under the 7th CPC as published by AICTE on 1st March 2019 within

    a period of three years from the date of notification of Annexure

    A4 Regulation dated 01.03.2019?.

    9. Clause 2.1 of Annexure A4 AICTE Regulations published on

    01.03.2019 provides revised designations and mode of

    appointments of Lecturer, Head of Department and Principal as

    under:

    “2.1 Revised Designations and Mode of Appointments
    There shall be only three designations in respect of teachers
    in the diploma level institutes/polytechnics namely Lecturer
    ,Head of the Department and Principal as given below in
    Table 1. Also there shall be no change in the present
    designations in respect of Library and Physical”

    Education personnel at various levels.

    Following mode of appointment shall henceforth be used
    Table l : Cadre Structure and Mode of Appointment
    Sl.No. Designation of Teaching Entry Pay Level Mode of Appointment
    Faculty (Rs.)

    1. Lecturer 56,100 9A Direct Recruitment
    2026:KER:48800
    41
    OP(KAT)Nos.152 and 154 of 2021

    2. Lecturer 57,700 10 Promotion/
    Direct Recruitment

    3. Lecturer (Senior Scale) 68,900 11 Promotion

    4. Lecturer (Selection Grade-I) 79,800 12 Promotion

    5. Lecturer (Selection Grade-II) 131,400 13A1 Promotion

    6. Head of the Department (HoD) 131,400 13A1 Direct Recruitment

    7. Principal 131,400 13A1 Promotion/
    Direct Recruitment

    10. The clarification contained in point 13 of Annexure RA2

    Regulations dated 20.05.2020 relied by the petitioners read thus;

    “13. Is the option for teachers The criteria for promotions laid
    available to either choosing down under these Regulations
    to take promotion under shall be effective from the date of
    the existing rules or as per notification of these regulations.
    the provisions in the However, to avoid hardship to
    notification under 7th CPC those faculty members who have
    as published by AICTE on already qualified or are likely to
    1st March 2019? qualify shortly under the existing
    regulations, a choice may be
    given to them, for being
    considered for promotions under
    the existing regulations. This
    option can be exercised by Deree
    and Diploma teachers, both but
    only within three years from the
    date of notification of these
    regulations”.

    (Underline supplied)

    11. A combined reading of Regulation 2.1 in Annexure A4

    and point 13 in Annexure RA2 would make it clear that the
    2026:KER:48800
    42
    OP(KAT)Nos.152 and 154 of 2021

    clarification provided in point 13 of Annexure RA2 is pertaining to

    the Lecturers who are already in service to move to the next

    higher level by promotion. It does not apply to the aspirants who

    are working in other discipline and aspiring to move to the post of

    Lecturer at the entry level, by transfer. After Annexure A4 AICTE

    regulations published on 01.03.2019, the only mode of

    appointment to the entry level of Lecturer is by direct recruitment.

    The clarification in point No.13 of Annexure RA2 is applicable to

    the Lecturers who are already in service and who desire to move

    to the next higher level mentioned in the table of clause 2.1 of

    Annexure A4 AICTE regulations.

    12. During the course of arguments, the learned Senior

    Government Pleader pointed out the reply statement dated

    20.09.2019 filed on behalf of the Directorate of Technical

    Education and submitted that since the Government has already

    accepted and implemented AICTE Scheme to qualified teaching

    faculties such as Lecturers, Head of Section and Principal in

    Government and Aided Polytechnic Colleges in the State w.e.f

    01.07.2013 vide the specific norms and conditions prescribed as

    per order dated 20.02.2014, the Government is also taking the
    2026:KER:48800
    43
    OP(KAT)Nos.152 and 154 of 2021

    stand that the petitioners cannot aspire for promotion to the post

    of Lecturer. The learned Standing Counsel for AICTE would also

    argue that the answer at point No.13 of the Annexure RA2

    notification dated 20.05.2020 clearly indicates that the same is

    not related to direct recruitment to be made by the concerned

    Institution/University/Dt/PSC, but is actually meant for the

    incumbents who are already working as faculty

    members/Lecturers for availing their further promotion under the

    Regulations 2019.

    13. During the course of arguments, the learned counsel for

    respondents 12 to 14 in O.P.(KAT)No.154 of 2021 relied on the

    judgment of the Apex Court dated 19.01.2026 in SLP (C)

    No.27710 of 2025 to argue that the AICTE regulations will not

    abolish the State Rules for recruitment in Government colleges,

    but empowers it to ensure standard of education and service

    conditions, particularly for career progression. But on going

    through the facts of the present cases in our hand, the said

    judgment is not applicable herein for the simple reason that here

    the State Government has already accepted and implemented the

    AICTE Regulations.

    2026:KER:48800
    44
    OP(KAT)Nos.152 and 154 of 2021

    14. The upshot of the above discussion is that the petitioners

    have not made out any ground to hold the impugned common

    order dated 28.04.2021 in R.A.No.4 of 2021 and R.A.No.5 of

    2021 and common order dated 09.12.2019 in O.A.No.1417 of

    2019 and 1578 of 2019 respectively, of the Tribunal as perverse

    or patently illegal which warrants interference by exercising

    supervisory jurisdiction.

    In the result, these original petitions stand dismissed.

    Sd/-

    ANIL K.NARENDRAN, JUDGE
    Sd/-

    sks                                MURALEE KRISHNA S., JUDGE
                                                                           2026:KER:48800
                                                45
    OP(KAT)Nos.152 and 154 of 2021
    
    
    
                              APPENDIX OF OP(KAT) NO. 152 OF 2021
    
    PETITIONER ANNEXURES
    
    Annexure RA1                     TRUE COPY OF ORDER DATED 09/12/2019 IN
                                     O.A.NO.1578 OF 2019.
    Annexure RA2                     TRUE COPY OF NOTIFICATION F.NO.61-3/RIFT/7TH
                                     CPC/2016-17      DATED    20/05/2020      DATED
                                     20/05/2020.
    Annexure RA3                     TRUE COPY OF QUERY DATED 18/09/2020 MADE BY
                                     SUMI KRISHNA K.S.
    Annexure RA4                     TRUE COPY OF REPLY F.NO.18-1/2019-TS-II (PART
    

    II) DATED 27/09/2019 ISSUED BY CHIEF PUBLIC
    INFORMATION OFFICER, DEPARTMENT OF HIGHER
    EDUCATION.

    Annexure A1 TRUE COPY OF THE RANK LIST NO.603/18/SSVII
    DATED 17/08/2018 TO THE POST OF LECTURER IN
    CIVIL ENGINEERING (GOVT. POLYTECHNICS) IN
    TECHNICAL EDUCATION DEPARTMENT.

    Annexure A2 TRUE COPY OF RELEVANT PAGES OF RANK LIST
    NO.104/19/SSVII DATED 08/02/2019 TO THE POST
    OF LECTURER IN ELECTRICAL AND ELECTRONICS
    ENGINEERING (GOVT. POLYTECHNICS) IN
    TECHNICAL EDUCATION DEPARTMENT.

    Annexure A3 TRUE COPY OF RELEVANT PAGES OF RANK LIST
    NO.1154/17/SSIV DATED 13/12/2017 TO THE POST
    OF LECTURER IN BIOMEDICAL ENGINEERING (GOVT.

                                     POLYTECHNICS)     IN    TECHNICAL     EDUCATION
                                     DEPARTMENT.
    Annexure A4                      TRUE COPY OF G.O.(MS) NO.210/2013/H.EDN.
                                     DATED 30/05/2013.
    Annexure A5                      TRUE COPY OF RELEVANT PAGES OF GO(MS)
                                     NO.75/2014/FIN. DATED 20/02/2014.
    Annexure A6                      TRUE COPY OF RELEVANT PAGES OF ALL INDIA
    

    COUNCIL FOR TECHNICAL EDUCATION PAY SCALES,
    SERVICE CONDITIONS AND MINIMUM
    QUALIFICATIONS FOR THE APPOINTMENT OF
    TEACHERS AND OTHER ACADEMIC STAFF SUCH AS
    LIBRARY AND PHYSICAL EDUCATION PERSONNEL IN
    TECHNICAL EDUCATION PERSONNEL IN TECHNICAL
    INSTITUTIONS AND MEASURES FOR THE MAINTENANCE
    OF STANDARDS IN TECHNICAL EDUCATION (DIPLOMA)
    REGULATION, 2019 DATED 01/03/2019.

    Annexure A7 TRUE COPY OF THE RTI APPLICATION SUBMITTED
    BY ANEESH KUMAR C.C. TO SPI OF 4TH RESPONDENT
    DATED 13/03/2019.

    Annexure A8                      TRUE     COPY      OF    THE      RTI     REPLY
                                                                              2026:KER:48800
                                                 46
    OP(KAT)Nos.152 and 154 of 2021
    
    
                                     NO.RTI10895/2019/DTE        ISSUED      BY     THE
                                     RESPONDENT TO ANEESH KUMAR C.C. DATED
                                     09/05/2019.
    Annexure A9                      TRUE COPY OF THE RTI APPLICATION SUBMITTED
    

    BY N.JAYAKUMAR, THE DIRECTOR, DTE, TO THE 4TH
    RESPONDENT DATED 09/05/2019.

    Annexure A10 TRUE COPY OF THE RTY REPLY
    NO.RTI/17555/2019/DTE ISSUED BY THE 4TH
    RESPONDENT BY N.JAYAKUMAR DATED 06/06/2019.
    Annexure A11 TRUE COPY OF THE PROCEEDINGS
    NO.EG1/15599/18/DTE OP(KAT) NO.542/2020 &
    CON. CASES OF THE DIRECTORATE OF TECHNICAL
    EDUCATION, THIRUVANANTHAPURAM DATED
    07/07/2019.

    Annexure A12 TRUE COPY OF THE CIRCULAR NO.EG1/15599/18/DTE
    OF THE DIRECTORATE OF TECHNICAL EDUCATION
    DATED 23/07/2019.

    Annexure A13 TRUE COPY OF THE KPSC NOTIFICATION CALLING
    APPLICANTS FOR THE POST OF LECTURER IN CIVIL
    ENGINEERING AND PUBLISHED IN GAZETTE DATED
    10/08/2015.

    Annexure A14 TRUE COPY OF THE KPSC NOTIFICATION CALLING
    APPLICANTS FOR THE POST OF LECTURER IN
    ELECTRICAL AND ELECTRONICS ENGINEERING AND
    PUBLISHED IN GAZETTE DATED 26/07/2016.

    Annexure A15 TRUE COPY OF THE KPSC NOTIFICATION CALLING
    APPLICANTS FOR THE POST OF LECTURER IN
    BIOMEDICAL ENGINEERING AND PUBLISHED IN
    GAZETTE DATED 13/05/2014.

    Annexure A16 TRUE COPY OF FULL PAGES OF THE ALL INDIA
    COUNCIL FOR TECHNICAL EDUCATION PAY SCALES,
    SERVICES CONDITIONS AND MINIMUM
    QUALIFICATIONS FOR THE APPOINTMENT OF
    TEACHERS AND OTHER ACADEMIC STAFF SUCH AS
    LIBRARY AND PHYSICAL EDUCATION PERSONNEL IN
    TECHNICAL EDUCATION PERSONNEL IN TECHNICAL
    INSTITUTIONS AND MEASURES FOR THE MAINTENANCE
    OF STANDARDS IN TECHNICAL OF EDUCATION –

    (DIPLOMA) REGULATION, 2019 DATED 01/03/2019.

    Exhibit P1                       TRUE COPY OF ORDER DATED 28/04/2021 IN RA N.4
                                     OF   2021    ON   THE   FILE    OF   THE    KERALA
                                     ADMINISTRATIVE TRIBUNAL.
    Exhibit P2                       TRUE COPY OF ORDER DATED 09/12/2019 IN OA
                                     NO.1578 OF 2019 ON THE FILE OF THE KERALA
                                     ADMINISTRATIVE TRIBUNAL.
    Exhibit P3                       TRUE COPY OF RA NO.4 OF 2021.
    Exhibit P4                       TRUE COPY OF OA NO.1578 OF 2019.
                                                                          2026:KER:48800
                                                47
    OP(KAT)Nos.152 and 154 of 2021
    
    
    Exhibit P5                       TRUE COPY OF REPLY STATEMENT DATED 14/10/2019
                                     FILED BY THE 4TH RESPONDENT IN THE OA.
    Exhibit P6                       TRUE COPY OF REJOINDER DATED 24/10/2019 FILED
                                     BY THE APPLICANTS.
    Exhibit P7                       TRUE COPY OF ADDITIONAL REPLY STATEMENT DATED
    

    16/11/2019 FLED BY THE 4TH RESPONDENT IN OA.
    Exhibit P8 TRUE COPY OF REPLY STATEMENT OF THE 5TH
    RESPONDENT IN THE OA DATED 20/11/2019.

    Exhibit P9 TRUE COPY OF REPLY STATEMENT OF ADDITIONAL
    RESPONDENTS 8 AND 8 IN THE OA DATED
    25/11/2019.

    Exhibit P10 TRUE COPY OF REJOINDER TO ADDITIONAL REPLY
    STATEMENT OF 4TH RESPONDENT DATED 22/11/2019.
    Exhibit P11 TRUE COPY OF REPLY DATED 18/06/2021 RECEIVED
    UNDER RTI ACT FROM MINISTRY OF EDUCATION,
    GOVT. OF INDIA.

    Exhibit P12 TRUE COPY OF COMMON JUDGMENT IN OP(KAT)
    NO.543 OF 2019 AND CONNECTED CASES DATED
    22/12/2020.

    2026:KER:48800
    48
    OP(KAT)Nos.152 and 154 of 2021

    APPENDIX OF OP(KAT) NO. 154 OF 2021

    PETITIONER ANNEXURES

    Annexure RA1 TRUE COPY OF ORDER DATED 09/12/2019 IN
    O.A.NO.1417 OF 2019.

    Annexure RA2                     TRUE COPY OF NOTIFICATION F.NO.61-3/RIFT/7TH
                                     CPC/2016-2017     DATED    20/05/2020    DATED
                                     20/05/2020.
    Annexure RA3                     TRUE COPY OF QUERY DATED 18/09/2020 MADE BY
                                     SUMI KRISHNA K.S.
    Annexure RA4                     TRUE COPY OF REPLY F NO.18-1/2019-TS-II (PART
    

    II) DATED 27/09/2019 ISSUED BY CHIEF PUBLIC
    INFORMATION OFFICER, DEPARTMENT OF HIGHER
    EDUCATION.

    Annexure A1 TRUE COPY OF THE RANK LIST NO.874/2016/SSVII
    DATED 30/12/2016 TO THE POST OF LECTURER IN
    MECHANICAL ENGINEERING (POLYTECHNICS) IN
    TECHNICAL EDUCATION DEPARTMENT, CAT
    NO.295/2012).

    Annexure A2 TRUE COPY OF G.O.(MS) NO.210/2013/H.EDN.

    DATED 30/05/2013.

    Annexure A3 TRUE COPY OF RELEVANT PAGES OF G.O.(MS)
    NO.75/2014/FIN. DATED 20/02/2014.

    Annexure A4 TRUE COPY OF RELEVANT PAGE OF ALL INDIA
    COUNCIL FOR TECHNICAL EDUCATION PAY SCALES,
    SERVICE CONDITIONS AND MINIMUM
    QUALIFICATIONS FOR THE APPOINTMENT OF
    TEACHERS AND OTHER ACADEMIC STAFF SUCH AS
    LIBRARY AND PHYSICAL EDUCATION PERSONNEL IN
    TECHNICAL INSTITUTIONS AND MEASURES FOR THE
    MAINTENANCE OF STANDARD IN TECHNICAL
    EDUCATION (DIPLOMA) REGULATION, 2019 DATED
    01/03/2019.

    Annexure A5 TRUE COPY OF RTI APPLICATION DATED 13/03/2019
    FILED BEFORE THE 4TH RESPONDENT.

    Annexure A6 TRUE COPY OF RTI REPLY DATED 09/05/2019
    RECEIVED FROM 4TH RESPONDENT.

    Annexure A7 TRUE COPY OF THE RTI APPLICATION DATED
    09/05/2019 FILED BEFORE THE 4TH RESPONDENT.
    Annexure A8 TRUE COPY OF THE RTI REPLY DATED 06/06/2019
    RECEIVED FROM 4TH RESPONDENT.

    Annexure A9 TRUE COPY OF THE PROCEEDINGS
    NO.EG1/15599/18/DTE OF THE DIRECTORATE OF
    TECHNICAL EDUCATION, THIRUVANANTHAPURAM
    DATED 07/07/2019.

    2026:KER:48800
    49
    OP(KAT)Nos.152 and 154 of 2021

    Annexure R4(A) TRUE COPY OF ORDER NO.EG1-24322/2000/DTE
    DATED 28/01/2011.

    Annexure A10 TRUE COPY OF FULL PAGES OF THE ALL INDIA
    COUNCIL FOR TECHNICAL EDUCATION PAY SCALES,
    SERVICES CONDITIONS AND MINIMUM
    QUALIFICATIONS FOR THE APPOINTMENT OF
    TEACHERS AND OTHER ACADEMIC STAFF SUCH AS
    LIBRARY AND PHYSICAL EDUCATION PERSONNEL IN
    TECHNICAL EDUCATION PERSONNEL IN TECHNICAL
    INSTITUTIONS AND MEASURES FOR THE MAINTENANCE
    OF STANDARDS IN TECHNICAL EDUCATION (DIPLOMA)
    REGULATION, 2019 DATED 01/03/2019.

    Annexure R4(B) TRUE COPY OF G.O.(P)NO.366/2010/HEDN DATED
    08/11/2010.

    Annexure R4(C) TRUE COPY OF ORDER DATED 14/08/2019 IN OA
    (EKM) NO.1034/2019.

    Exhibit P1 TRUE COPY OF ORDER DATED 28/04/2021 IN RA
    NO.5 0F 2021 ON THE FILE OF THE KERALA
    ADMINISTRATIVE TRIBUNAL.

    Exhibit P2 TRUE COPY OF ORDER DATED 09/12/2019 IN OA
    NO.1417 OF 2019 ON THE FILE OF THE KERALA
    ADMINISTRATIVE TRIBUNAL.

    Exhibit P3                       TRUE COPY OF RA NO.5 OF 2021.
    Exhibit P4                       TRUE COPY OF OA NO.1417 OF 2019.
    Exhibit P5                       TRUE COPY OF REPLY STATEMENT FILED BY THE 3RD
                                     RESPONDENT IN OA DATED 30/10/2019.
    Exhibit P6                       TRUE COPY OF REPLY STATEMENT FILED BY THE 4TH
                                     RESPONDENT IN OA DATED 20/09/2019.
    Exhibit P7                       TRUE COPY OF THE REJOINDER DATED 20/11/2019
                                     FILED BY THE APPLICANT AGAINST THE REPLY
                                     STATEMENT OF 3RD RESPONDENT.
    Exhibit P8                       TRUE COPY OF THE REJOINDER DATED 21/10/2019
                                     FILED BY THE APPLICANT AGAINST THE REPLY
                                     STATEMENT OF 4TH RESPONDENT.
    Exhibit P9                       TRUE COPY OF ADDITIONAL REPLY STATEMENT DATED
                                     20/11/2019 FILED BY THE 4TH RESPONDENT.
    Exhibit P10                      TRUE COPY OF REJOINDER DATED 22/11/2019 TO
                                     ADDL. REPLY STATEMENT.
    Exhibit P11                      TRUE COPY OF REPLY DATED 18/06/2021 RECEIVED
    

    UNDER RTI ACT FROM MINISTRY OF EDUCATION,
    GOVT. OF INDIA.

    Exhibit P12 TRUE COPY OF COMMON JUDGMENT IN OP(KAT)
    NO.542 OF 2019 AND CONNECTED CASES DATED
    22/11/2020.



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here