Remya V. R vs. Anu Jayapal

(Revised for Appearance)

ITEM NO.11 + 45 COURT NO.15 SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 21444/2022

(Arising out of impugned final judgment and order dated 29-06-2022 in WA No. 628/2022, WA No. 646/2022 and WA No. 653/2022 dated 29.06.2022 passed by the High Court Of Kerala At Ernakulam)

DR. SREEJITH KRISHNAN & ORS. Petitioner(s)

VERSUS

ANU JAYAPAL & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.99327/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.99328/2022-EXEMPTION FROM FILING O.T. and IA No.99325/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..) )

WITH SLP(C) No. 12941-12942/2022 (XI-A) (FOR ADMISSION and I.R. and IA No.102325/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.102326/2022-EXEMPTION FROM FILING O.T.) AND

SLP(C) No.13012/2022 (Item No.45)

Date : 29-07-2022 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ABHAY S. OKA

For Petitioner(s)

	Mr. K.V. Vishwanathan, Sr. Adv.
	Mr. Siddhartha Dave, Sr. Adv.
	Mr. P. S. Sudheer, AOR
	Ms. Anne Mathew, AOR
	Mr. Vimlesh Kumar, Adv.
	Ms. Seema Jain, Adv.
	Ms. Vidhi Thakur, Adv.
	Mr. S. Guru Krishna Kumar, Sr. Adv.
	Mr. Roy Abraham, Adv.
	Mr. A.N. Rajan Babu, Adv.

11:28:01 IST Reason:

• Mr. Adkhil Abraham Roy, Adv.
• Mr. Himinder Lal, AOR

Ms. Reena Roy, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Permission to file the Special Leave Petition(s) is/are allowed in Special Leave Petition (Civil) @ Diary No.21444/2022.

It is contended inter alia that that Respondent No.1 who is a specially abled person can be appointed against an available vacancy of Assistant Professor (English) and there was no legal necessity to set aside the selection of all the Petitioners who are appointed purely on the basis of their merit, more so when no other legal infirmity in the selection process has been found.

Issue Notice, returnable on 16.09.2022.

In the meanwhile, operation of the impugned judgment dated 29.06.2022 shall remain stayed. Resultantly, the Petitioners shall be allowed to continue in service. However, one post of Assistant Professor (English) shall be kept vacant in the future recruitment process.

(VIJAY KUMAR) (PREETHI T.C.)

COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.11 + 45 COURT NO.15 SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 21444/2022

(Arising out of impugned final judgment and order dated 29-06-2022 in WA No. 628/2022, WA No. 646/2022 and WA No. 653/2022 dated 29.06.2022 passed by the High Court Of Kerala At Ernakulam)

DR. SREEJITH KRISHNAN & ORS. Petitioner(s)

VERSUS

ANU JAYAPAL & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.99327/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.99328/2022-EXEMPTION FROM FILING O.T. and IA No.99325/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..) )

WITH SLP(C) No. 12941-12942/2022 (XI-A) (FOR ADMISSION and I.R. and IA No.102325/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.102326/2022-EXEMPTION FROM FILING O.T.) AND

SLP(C) No.13012/2022 (Item No.45)

Date : 29-07-2022 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE ABHAY S. OKA

For Petitioner(s)

Mr. K.V. Vishwanathan, Sr. Adv. Mr. Siddhartha Dave, Sr. Adv. Mr. P. S. Sudheer, AOR Ms. Anne Mathew, AOR Mr. Vimlesh Kumar, Adv. Ms. Seema Jain, Adv. Ms. Vidhi Thakur, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Permission to file the Special Leave Petition(s) is/are

allowed in Special Leave Petition (Civil) @ Diary No.21444/2022.

It is contended inter alia that that Respondent No.1 who is a specially abled person can be appointed against an available vacancy of Assistant Professor (English) and there was no legal necessity to set aside the selection of all the Petitioners who are appointed purely on the basis of their merit, more so when no other legal infirmity in the selection process has been found.

Issue Notice, returnable on 16.09.2022.

In the meanwhile, operation of the impugned judgment dated 29.06.2022 shall remain stayed. Resultantly, the Petitioners shall be allowed to continue in service. However, one post of Assistant Professor (English) shall be kept vacant in the future recruitment process.

(VIJAY KUMAR) (PREETHI T.C.)

COURT MASTER (SH) COURT MASTER (NSH)