1 W.A.No.554 of 2025 2025:KER:26286 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WA NO. 554 OF 2025 AGAINST THE JUDGMENT DATED 20.03.2025 IN WP(C) NO.10899 OF 2025 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS: 1 BEEGUM.M.S.SHYNA AGED 39 YEARS W/O. YASEEN.S., PERMANENT LABOURER KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, THRISSUR, RESIDING AT YASEEN MANZIL, PATTIKKAD.P.O., ARANKALLU, THRISSUR DISTRICT, PIN - 680652 2 SUMESH.P.S. AGED 36 YEARS S/O. SUBRAHMANIAN.P.P. PERMANENT LABOUR KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY COLLEGE OF VETERINARY AND ANIMAL SCIENCES, POOKODE, WAYANAD, RESIDING AT PADAYAMOOLE, POOKODE, LAKKIDI.P.O., VYTHIRI, WAYANAD DISTRICT, PIN - 673576 3 SIVAPRAKASH.M.P. AGED 30 YEARS S/O. CHAMI, PERMANENT LABOURER, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY COLLEGE OF VETERINARY AND ANIMAL SCIENCES, THIRUVIZHAMKUNNU, PALAKKAD, RESIDING AT MANALIPARAMBIL (HO) EDATHANATTUKARA(PO) MUNDAKUNNU, PALAKKAD DISTRICT, PIN - 678601 BY ADVS. M.SASINDRAN JOGGY MATHUNNI 2 W.A.No.554 of 2025 2025:KER:26286 RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF ANIMAL HUSBANDRY, SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY LAKKIDI.P.O. WAYANAD, REPRESENTED BY REGISTRAR, PIN - 673576 3 THE REGISTRAR KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, LAKKIDI.P.O., WAYANAD, PIN - 673576 4 THE DIRECTOR LBS CENTRE FOR SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM, PIN - 695001 SMT.VINITHA.B, SR.GP SRI.MANU GOVIND, SC, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR SCIENCE AND TECHNOLOGY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 3 W.A.No.554 of 2025 2025:KER:26286 JUDGMENT Muralee Krishna, J. This intra-court appeal is filed under Section 5(i)of the Kerala High Court Act,1958 by the petitioners in W.P.(C)No.10899 of 2025 against the order dated 20.03.2025, whereby the learned Single Judge declined interim order in favour of the appellants. 2. The 2nd respondent issued Ext.P1 notification dated nil inviting application for appointment of casual labourers on a temporary basis. The appellants applied for the post and were initially appointed as casual labourers on a temporary basis from the year 2010 and were regularised in service by Ext.P2 order dated 24.04.2017. On 02.10.2024 the 2nd respondent issued Ext.P3 notification inviting applications for Diploma in Livestock Management Course which is a prerequisite qualification for further career progression. Though the appellants applied for the course, by Ext.P6 circular dated 20.12.2024 the 2nd respondent rejected the application stating that the appellants obtained appointment without mentioning their plus two qualification. Earlier there were disciplinary proceedings initiated against certain other casual labourers for not showing their qualification and some 4 W.A.No.554 of 2025 2025:KER:26286 of them were imposed with a punishment of reduction of one increment. The appellants were not included in that disciplinary proceedings. Aggrieved by Ext.P6, the appellants approached this Court by filing W.P.(C)No.449 of 2025 and vide; Ext.P10 interim order dated 08.01.2025 this Court directed the respondents to permit the appellants to appear for the entrance examination. Pursuant to the said direction, the appellants appeared for the examination. While they were awaiting the results, the 2nd respondent issued Exts.P11 to P13 notices proposing to impose a penalty of withholding one increment with cumulative effect and barring further promotion to the appellants. Thereafter, the 2nd respondent issued Ext.P17 circular dated 28.01.2025 in which the appellants are shown in the list of rejected candidates. Challenging Ext.P17, the appellants filed W.P.(C)No.4075 of 2025 and also I.A. No.1 of 2025 in W.P.(C)No.449 of 2025, seeking a direction to the respondents to consider the 1st appellant for admission to Diploma in Livestock Management Course. By Ext.P18 interim order dated 4.02.2025, this Court directed the respondent to consider that request of the 1st appellant. Ext.P19 final judgment was also passed in W.P.(C)Nos.449 of 2025 and 4075 of 2025 directing the 5 W.A.No.554 of 2025 2025:KER:26286 3rd respondent to consider the claims of the appellants before finalising the admission to Diploma in Livestock Management Course. Thereafter the 1st appellant submitted Ext.P20 representation dated 04.03.2025 and the appellants were called for a hearing on 07.03.2025. But, by Ext.P21 order dated 14.03.2025 the 2nd respondent rejected the claim of the appellants. Therefore the appellants filed the writ petition seeking the following reliefs: “i) to issue a writ of certiorari any other appropriate writ quashing Ext. P21. ii) issue a writ of certiorari or any other appropriate writ quashing Ext.P17 to the extent it has shown the names of the petitioners in the rejected list of Candidates; iii) to issue a writ of certiorari any other appropriate writ quashing Exts. P11, P12 and P13. iv) issue a writ of certiorari or any other appropriate writ quashing Ext.P6 to the extent it does not include the name of the petitioner, in the list of eligible employees for entrance examination for the Diploma in Livestock Management Course, pursuant to Exhibit P3; v) to command the respondents to include the petitioners in the list of selected candidates, based on the marks obtained by them and depute for the Diploma in Livestock Management Course. vi) to declare that a different and higher penalty cannot be 6 W.A.No.554 of 2025 2025:KER:26286 imposed on similarly situated candidates, than the one contained in Ext.P5. vii) to declare that the petitioners are eligible for including the list of selected candidates for Diploma in Livestock Management Course according to their merit and that they are not disqualified.” 3. As noted above, by the impugned order, the request of the appellants to grant an interim relief directing the respondents to consider their names for admission to the Diploma in Livestock Management Course, based on the merit in the test, dehors Exts P6 and P11 to P13, P17 and P21, pending disposal of the writ petition; to issue an interim stay of Exts P11 to P13 and Ext.P21; and to direct the 1st respondent to keep one seat vacant in the course of Diploma in Livestock Management notified as per Ext.P3, pending disposal of the writ petition were declined by the learned Single Judge. 4. Heard the learned counsel for the appellants, the learned Senior Government Pleader and the learned Standing Counsel for respondents 2 to 4. 5. During the course of arguments, the learned Standing Counsel for respondents 2 to 4 produced an order dated 7 W.A.No.554 of 2025 2025:KER:26286 27.07.2022 issued by the University, whereby the employees who were subjected to major and minor penalties in disciplinary proceedings were prevented from applying for by-transfer promotion. The learned Standing Counsel also produced an order dated 20.03.2025 issued by the University, whereby the punishment of barring one increment with cumulative effect was imposed on the appellants in the disciplinary proceedings. 6. From the materials placed on record and the submissions made at the Bar, we find no prima facie case in favour of the appellants to grant an interim order as prayed in the writ petition. Granting such an interim order will have the effect of granting the final order sought in the writ petition. Moreover, as per the orders dated 27.07.2022 and 20.03.2025 produced for perusal by the learned Standing Counsel for the University, the appellants are not entitled for by-transfer promotion. In such circumstances, we find no ground to interfere with the impugned order of the learned Single Judge. 7. The learned counsel for the appellants at this juncture would submit that the appellants would be challenging the order dated 27.7.2022 as well as the order of punishment dated 8 W.A.No.554 of 2025 2025:KER:26286 20.3.2025 issued by the University, in appropriate proceedings. Recording the aforesaid submission, the writ appeal stands dismissed, leaving open all the legal and factual contentions raised by the appellants. Sd/- ANIL K.NARENDRAN, JUDGE Sd/- MURALEE KRISHNA S., JUDGE sks