IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 31753 of 2007(E) -------------------------- PETITIONER(S): ------------------ 1. HIS GRACE MATHEWS MAR EPIPHANIOS, MANAGER, ST.CYRIL'S COLLEGE, CYRIL'S MOUNT, VADAKKADATHUCAVU P.O., ADOOR. 2. PROF.JOHN M.GEORGE, PRINCIPAL, ST,CYRIL'S COLLEGE, CYRIL'S MOUNT, VADAKKADATHUCAVU P.O., ADOOR. BY ADV. SRI.JIJO PAUL RESPONDENT(S): ------------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR. 4. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R3 GOVERNMENT PLEADER SRI.T.T.MOHAMMED FOR R1,2 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31753/07 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF THE STATEMENT OF THE POST ADALATH REVIEW ISSUED BY THE ADDL.DIRECTOR OF COLLEGIATE EDUCATION. EXT.P2: TRUE COPY OF THE ORDER DT 10.8.06 ISSUED BY THE GOVT. OF KERALA AS NO.G.O.(MS) NO.95/2006/11.EDN. EXT.P3: TRUE COPY OF THE PAPER PUBLICATION WHICH APPEARED IN THE MALAYALA MANORAMA DAILY DT 24.6.2007. EXT.P4: TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN UNIVERSITY NEWS DATED JULY 09-15, 2007. EXT.P5: TRUE COPY OF THE LETTER DT 17.10.2005 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER DT 18.5.2007 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE LETTER DATED 8.8.2007 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P8: TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT AS N.30155/D2/05/H.EDN. DT 12.12.2005. EXT.P9: TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN WPC NO.17509/2007 DT 25.6.2007. EXT.P10: TRUE COPY OF THE COMMUNICATION NO.D.O.NO.SECY.(S&HE)/ 2006/2837 DT 18.4.2006, ISSUED BY THE EDUCATION SECRETARY, GOVERNMENT OF INDIA, ADDRESSED TO THE CHIEF SECRETARY, GOVERNMENT OF KERALA. ADDL.EXT.P11: A TRUE COPY OF ORDER DT 28.2.2008 AS NO.Ac.FIII/1/004205/08 ISSUED BY THE 3RD RESPONDENT UNIVERSITY. ADDL.EXT.P12: A TRUE COPY OF THE VACANCY POSITION IN THE PETITIONER COLLEGE AS ON 1/6/2007 PREPARED BY THE 2ND PETITIONER. ADDL.EXT.P13: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DT 21.6.2007 IN WA NO.940/07. ADDL.EXT.P14: TRUE COPY OF THE GOVERNMENT ORDER AS NO.G.O. (M.S) NO.95/2006/H.EDN. DT 10.8.2006. WPC NO.31753/07 -2- ADDL.EXT.P15: TRUE COPY OF THE GOVERNMENT ORDER AS NO.G.O(MS) NO.134/98/H.EDN. DT 9.11.2008. ADDL.EXT.P16: TRUE COPY OF THE GOVERNMENT ORDER AS NO.G.O.(MS) NO.162/99/H.EDN DT 6.12.1999. ADDL.EXT.P17: TRUE COPY OF THE GOVERNMENT ORDER AS NO.G.O.(MS) NO.39/2001/H.EDN. DT 27.3.2001. EXTS. OF R1 EXT.R1(a): A TRUE COPY OF THE STAFF FIXATION PROPOSAL IN RESPECT OF THE PETITIONER'S COLLEGE. EXTS. OF R2 EXT.R2(a): TRUE COPY OF THE OFFICE LETTER NO.UGC CELL 1(1)/ 35999/2002(1) DT 16.10.2003. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 31753 OF 2007 (E) ==================== Dated this the 7th day of October, 2008 J U D G M E N T The prayer in this writ petition is to direct respondents 1 and 2 to depute their nominee for the purpose of constituting the Selection Committee for conducting interview for selection of candidates to fill up the posts of lecturers notified as per Exts. P3 and P4. There is a further prayer to direct the 3rd respondent to forward the panel of subject experts as requested in Ext.P7, for the purpose of constituting the Selection Committee. 2. According to the petitioner, in English, Economics, Commerce, Computer Science and Physics, there are 3, 1,2, 1 and 1 vacancy each and their endeavour is to fill up these vacancies. But however, from the counter affidavit, according to respondent No.1 except in English and Physical Education Department, in all other Departments, already excess staff are available. It is stated that in English, there are two vacancies and in Physical Education Department there is one vacancy. Learned Government Pleader also refers me to Exts. P15 and P16 and submits that the attempt of the petitioner is to make appointments of staff for the course sanctioned by these orders without any financial WPC 31753/07 :2 : commitment on the part of the Government. 3. In view of the above contentions, I do not think it proper for this court, on the materials available, to decide on the exact number of vacancies which are to be filled up and for which the nominees will have to be deputed by respondents 1 and 2. 4. However, having regard to the admitted position in the counter affidavit that there are two vacancies in the English Department and one vacancy in the Physical Eduction Department, I direct that the 1st respondent shall depute their nominee for constituting a selection committee. Necessarily, the 3rd respondent shall forward the panel of subject experts for filling up the vacancies referred to above. This shall be done, as expeditiously as possible, at any rate within one month of the date of receipt of the proposal from the petitioner. 5. Learned counsel for the petitioner has a case that by Ext.P17 order dated 27/3/2001, they were sanctioned M.Sc (Physics). However, in Ext.P17, there is no condition similar to the conditions incorporated in Exts. P15 and P16. Therefore, it is argued that the necessary staff for the course sanctioned in Ext.P17 also should have been reckoned by the Government while fixing the staff strength mentioned in the Counter WPC 31753/07 :3 : affidavit. According to the counsel there has been subsequent retirement vacancies as well. This is essentially a matter for the 1st respondent to consider and therefore, I leave it open to the petitioner to take up the matter by an appropriate representation before the 1st respondent, in which case, the same shall be dealt with accordingly. This shall be done within three months of the date of receipt of the representation. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp