IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 24069 of 2007(M) --------------------------------------- PETITIONER(S): ---------------------- K.R. MANOJ, PRINCIPAL, TECHNICAL HIGHER SECONDARY SCHOOL(THSS) PUTHUPPALLY, RESIDING AT KIZHAKKETHIL HOUSE, THODANAL P.O., KOTTAYAM DISTRICT, PIN-686 573. BY ADV.MR.P.V.VIJAYAKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD), REPRESENTED BY ITS DIRECTOR, PRAJOE TOWERS, VAZHUTHACAUD,THIRUVANANTHAPURAM-14. R1 BY GOVT. PLEADER MR.DILEEP MOHAN R2 BY MR.N.N.SUGUNAPALAN, SC, IHRD R2 BY ADV. MR.S.SUJIN, SC, IHRD R3 & R5 BY MR.S.SUBHASH CHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24069/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTIFICATION NO.E/2174/93//HRD, DTD. 5.8.93, ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE APPOINTMENT ORDER NO.E/150/94/HRD, DTD. 30.6.94, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P3:- COPY OF THE ORDER NO.E1/3195/96/HRD , DTD. 28.12.1996, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P4:- COPY OF THE APPLICATION, DTD. 14.9.2000, SEEKING TRANSFER TO AN ENGINEERING COLLEGE, FILED , FILED BY THE PETITIONER TO THE 2ND RESPONDENT. P5:- COPY OF THE CIRCULAR NO.E2/1733/2001/HRD, DTD. 17.2.01, ISSUED BY THE 2ND RESPONDENT P6:- COPY OF THE REPRESENTATION, DTD. 28.2.01, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P7:- COPY OF THE OPTION, DTD. 28.2.01 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR POSTING IN ENGINEERING COLLEGE. P8:- COPY OF THE CIRCULAR NO.E2/775/2004/HRD., DTD. 28.2.04, ISSUED BY THE 2ND RESPONDENT. P9:- COPY OF THE OPTION , DTD. 10.3.04, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR POSTING IN ENGINEERING COLLEGE. P10:- COPY OF THE REPRESENTATION, DTD. 26.12.05, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P11:- COPY OF THE PROCEEDINGS NO.EB1/1359/2005/HRD., DTD. 1.6.07, ISSUED BY THE 2ND RESPONDENT. P12:- COPY OF THE REPRESENTATION, DTD. 30.6.07, SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P13:- COPY OF THE PROVISIONAL CERTIFICATE, DTD. 5.8.08, OF M.PHIL. DEGREE, ISSUED BY MADURAI KAMARAJ UNIVERSITY, MADURAI, TAMIL NADU. P14:- COPY OF THE LETTER NO.EA2/9607/2008/HRD, DTD. 1.9.08, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P15:- COPY OF THE LETTER NO.EB3/393/HRD., DTD. 22.1.09 . TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) NO.24069 OF 2007 ----------------------------------------------- Dated this the 6th day of October, 2009 J U D G M E N T Petitioner was appointed as Lecturer in Maths in the Chengannoor Engineering College under the IHRD with effect from 18.7.1994. While thus working in the colleges under the IHRD, by Exts.P4, P7 and P9 petitioner opted for transfer to the Engineering College at Poonjar. However, on the ground that all those occasions petitioner did not possess M.Phil/ Ph.D, his options were not considered. During the pendency of this writ petition the petitioner acquired M.Phil and it is so certified in Ext.P3 provisional certificate. 2. In the affidavit pleaded in I.A. No.1316/09, the petitioner contends that there existing vacancies of Lecturer in Maths in the College of Engineering at Poonjar. Along with I.A. No.12145/09 petitioner has produced Ext.P15, the information obtained by him invoking the provisions of the Right to Information Act which suggests that there are three WPC.No.24069 /07 :2 : vacancies of Lecturer in Maths in the College of Engineering at Poonjar. On the basis of the aforesaid information suggesting the existence of vacancies, that the petitioner now prays that, he having also acquired MP Phil, the respondents may be directed to consider Exts.P4, P7 and P9 options which were exercised by the petitioner for transfer and posting in the Poonjar Engineering College. 3. I heard the counsel appearing for the 2nd respondent and the additional respondents also. If as stated by the petitioner, there are existing vacancies requiring to be filled at the Poonjar College and he has already exercised his option, prima facie, there is no reason in not considering the same provided the petitioner satisfies all other conditions prescribed for such posting. However, such consideration can only be with prospective effect and that too without affecting the party respondents in any manner. WPC.No.24069 /07 :3 : Therefore the writ petition is disposed of directing the 2nd respondent to consider the option already exercised by the petitioner in the light of Exgt.P15 referred to above and pass appropriate orders as expeditiously as possible and at any rate within 8 weeks of production of a copy of this judgment. (ANTONY DOMINIC) JUDGE vi/