IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 10122 of 2011(M) -------------------------------- PETITIONERS: ---------------- 1. JOSEPH MATHEW, AGED 52, S/O.MATHEW, SELECTION GRADE LECTURER (PHYSICAL EDUCATION), GOVT. MEDICAL COLLEGE, KOTTAYAM. 2. B. PARAMESWARAN, AGED 52, S/O. G. BHASKARAN NAIR (LATE), ANANDA BHAVAN, NIRAVATH, VALAYANCHIRANGARA P.O., PERUMBAVOOR, SENIOR SCALE LECTURER (PHYSICAL EDN.), GOVT. COLLEGE, THRIPUNITHURA. 3. SHANAVAS B., SENIOR SCALE LECTURER (PHYSICAL EDN.), GOVT. MEDICAL COLLEGE, ALAPPUZHA. 4. VIMALKUMAR P., LECTURER (PHYSICAL EDN.), BARTAN HILL GOVT. ENGG. COLLEGE, BARTAN HILL, THIRUVANANTHAPURAM. BY ADV. SRI.PAULSON THOMAS RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVT., HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM – 695 001. BY SRI.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.10122 Of 2011-M ----------------------------------------------------- DATED THIS THE 30th DAY OF MARCH, 2011 J U D G M E N T The petitioners are Lecturers in Physical Education working under various Government Colleges in the address shown in the Writ Petition. They were originally appointed as Instructors in Physical Education in Government Polytechnics and were later promoted from the post of Instructors. The then existing Special rules enable them to get promotion and when Special Rules were amended, National Eligibility Test (NET) was included as a qualification and the petitioners were not having NET also. In Exhibit P1 judgment, this Court issued certain directions in the matter, whereby the claims of persons were directed to be considered in the vacancies which arose prior to the amendment, namely 21.3.1994. It is pointed out that the said directions have been implemented by Exhibit P2 order. Thereafter by Exhibit P2 (a), another proceedings was issued. 2. The petitioners 1 to 3 were appointed with effect from 12.6.1997. Presently, the petitioners claim for appointment with W.P.(C)No.10122/11 -2- effect form the date of occurrence of vacancy and they are relying upon Exhibit P3 judgment passed in a similar case. They have produced Exhibit P4 whereby the Director of Collegiate Education rejected the same against which they have moved the Government by Exhibit P5 representation. 3. It is upto the Government to take a decision on Exhibit P5 representation. There will be a direction to the Government to take a decision on Exhibit P5 representation after hearing the petitioners and the Department, within a period of five months from the date of receipt of a copy of this judgment. The petitioners will produce a copy of the Writ Petition along with a copy of this judgment before the Government for compliance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge