WP(C) NO. 6030 OF 2018 1 2025:KER:26840 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 6030 OF 2018 PETITIONER: SHIHABUDHEEN P.K AGED 41 YEARS OFFICE ATTENDANT, SCHOOL OF ENGINEERING, COCHIN UNIVERSITY OF SCIENCE OF SCIENCE & TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN - 682 022. BY ADVS. SRI.K.JAJU BABU (SR.) SRI.BRIJESH MOHAN SMT.ELIZABETH ANTONY RESPONDENTS: 1 COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY COCHIN UNIVERSITY P.O., COCHIN - 682 022, REPRESENTED BY ITS REGISTRAR. 2 THE REGISTRAR COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN - 682 022. 3 BINOJ. V.N. OFFICE ATTENDANT, ADMINISTRATIVE OFFICE, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN - 682 022. 4 SOMARAJAN. G. OFFICE ATTENDANT, ADMINISTRATIVE OFFICE, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN - 682 022. 5 SUBAIR P.A. OFFICE ATTENDANT, ADMINISTRATIVE OFFICE, WP(C) NO. 6030 OF 2018 2 2025:KER:26840 COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN - 682 022. 6 SURESH K.R. OFFICE ATTENDANT, ADMINISTRATIVE OFFICE, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN - 682 022. 7 SAKTHISKANDAN C.S. OFFICE ATTENDANT, ADMINISTRATIVE OFFICE, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN - 682 022. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAI, SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY SRI.AMEER.K.M. SRI.DEEPU LAL MOHAN SRI. PETER JOSE CHRISTO INSTRUCTED BY SRI. ARAVINDAKSHAN PILLAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 6030 OF 2018 3 2025:KER:26840 MOHAMMED NIAS C.P., J. ========================= W.P.(C) No.6030 of 2018 ========================= Dated this the 28th day of March, 2025 J U D G M E N T The 1st respondent University invited applications from Class IV employees in their regular service, having valid Conductor licences for the selection to the post of Bus Conductor through Ext.P3. It is specifically stated that appointment is based on qualification and length of service in the University. The essential contention of the petitioner is that the post of bus conductor in the University is to be treated as a promotion post as per the resolution dated 03.06.2000 of the Syndicate. He submits that while preparing Ext.P4 rank list he was only ranked 5 disregarding the seniority. The selected candidates were impleaded as respondents 3 to 7. 2. A counter affidavit has been filed on behalf of the University stating that the recruitment to the post of bus conductor is by way of WP(C) NO. 6030 OF 2018 4 2025:KER:26840 selection from Class IV employees in the regular service of the University and based on an interview, the ranked list was prepared. It is stated that respondents 3 to 6 were ranked above the petitioner. 3. The learned Counsel for respondents 3, 4 and 6 who were ranked 1, 2 and 4 also supported the stand of the University in the selection. The learned Counsel also submits that they had joined duty and that one of them had retired and others had already been promoted to higher posts. It is also pointed out that even the petitioner has been promoted and is working as a laboratory assistant in the group C cadre. 4. The petitioner contends that the University had earlier filed a counter affidavit in W.P.(C) No.30212 of 2017 stating that the post of bus conductor is a promotion post as per resolution dated 03.06.2000 of the Syndicate. The University responded by stating that the same was a mistake, as a subsequent resolution dated 15.01.2001 resolved to remove the term promotion from the earlier resolution and replace it by selection, finding that there are no feeder categories for the promotion to the post of bus conductor. True the stand of the WP(C) NO. 6030 OF 2018 5 2025:KER:26840 University in the present case is contrary to the earlier counter affidavit filed in another case. However, an explanation is given by the University in paragraph 15 of the present counter affidavit that the earlier statement was mistakenly made. 5. In view of the fact that the university clarified in a subsequent resolution, which is not challenged in the writ petition, that the post of bus conductor is being filled up by selection and not by promotion, the petitioner's case cannot be accepted. There is no merit in this writ petition, and the same is dismissed. Sd/- MOHAMMED NIAS C.P., JUDGE LU WP(C) NO. 6030 OF 2018 6 2025:KER:26840 APPENDIX OF WP(C) 6030/2018 PETITIONER EXHIBITS : EXHIBIT P1 COPY OF THE ORDER NO. AD.G2/9000/R.P/2001.VOL.II DATED 04.06.2010 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 COPY OF THE ORDER NO.AD.G2/9000/R.P/2001/VOL.III DATED 09.01.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 COPY OF THE ORDER AD.G2/101/78/VOL.III DATED 24.07.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 COPY OF THE NOTIFICATION DATED 19.02.2018 (RANK LIST) PUBLISHED BY THE 2ND RESPONDENT. EXHIBIT P5 COPY OF THE FINAL GRADUATION LIST OF PEONS AS ON 30.06.2011 PUBLISHED BY THE 2ND RESPONDENT. EXHIBIT P6 COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT 1 AND 2 IN W.P.(C)NO. 30212/2017 BEFORE THIS HON'BLE COURT. RESPONDENT EXHIBITS : EXHIBIT R2 (A) TRUE COPY OF THE U.O.NO.AD.A3.101/78 DATED 27.06.1981 EXHIBIT R2 (B) TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MEETING OF THE SYNIDICATE HELD ON 03.06.2000 EXHIBIT R2 (C) TRUE COPY OF THE RESOLUTION DATED 15.01.2001 EXHIBIT R2 (D) TRUE COPY OF THE NOTIFICATION NO.AD.A3/101/78 DATED 05.07.2000 EXHIBIT R2 (E) TRUE COPY OF THE RECOMMENDATIONS OF THE SELECTION COMMITTEE FOR RECRUITMENT TO THE POST OF BUS CONDUCTOR IN THE YEAR 2000 EXHIBIT R2 (F) TRUE COPY OF THE CONSOLIDATED MARK SHEET PREPARED BY THE SELECTION COMMITTEE // True Copy // PA To Judge