IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 33641 of 2008(E) PETITIONER: MANAGER, ST.MARY'S COLLEGE, SULTHAN BATHERY, WAYNAD DISTRICT REPRESENTED BY HIS GRACE KURIAKOSE MAR CLEMIS, METROPOLITAN, DIOCESE OF SULTHAN BATHERY, MALANKARA ORTHODIX CHURCH BY ADV. SRI.A.A.ABUL HASSAN RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY COMMIISSIONER AND SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE. 4. UNIVERSITY OF CALICUT, THENHIPALAM, CALICUT UNIVERSITY-P.O. REPRESENTED BY ITS REGISTRAR. R4 BY STANDING COUNSEL SRI.P.C.SASIDHARAN GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE STATEMENT SHOWING THE VACANCY POSITION OF TEACHERS IN VARIOUS DEPARTMENTS/SUBJECTS IN THE COLLEGE. EXT.P2 TRUE COPY OF THE UNIVERSITY ORDER DATED 9.12.1980 APPROVING APPOINTMENT OF JAMES KURIAN W.E.F.4.8.1980 AS JUNIOR LECTURER. EXT.P2(A) TRUE COPY OF RELIEVING ORDER OF JAMES KURIAN ON SUPERANNUATION, DATED 31.3.2008. EXT.P3 TRUE COPY OF THE UNIVERSITY ORDER DATED 17.9.1980 APPROVING APPOINTMENT OF SRI.P.J.GEORGE W.E.F.15.10.79 AS JUNIOR LECTURER. EXT.P3(A) TRUE COPY OF THE RELIEVING ORDER OF SRI.P.J.GEORGE ON SUPERANNUATION, DATED 31.3.2008. EXT.P4 TRUE COPY OF THE UNIVERSITY ORDER DATED 3.5.1983 APPROVING APPOINTMENT OF SRI.ISSAC THOMAS.K., W.E.F.21.2.1983 AS JUNIOR LECTURER. EXT.P4(A) TRUE COPY OF THE TERMINATION ORDER OF SRI.ISSAC THOMAS.K., LECTURER, DATED 23.12.2007. EXT.P5 TRUE COPY OF THE UNIVERSITY ORDER DATED 1.4.996 APPROVING APPOINTMENT OF DR.AJAYAKUMAR.S. W.E.F.28.9.1995. EXT.P5(A) TRUE COPY OF THE ORDER DATED 5.6.2007 OF THE MANAGER SANCTIONING LEAVE OF DR.AJAYAKUMAR.S., LECTURER. EXT.P6 TRUE COPY OF THE ORDER OF THE UNIVERSITY DATED 16.9.1980 APPROVING APPOINTMENT OF SMT.M.GEETHAKUMARI, JUNIOR LECTURER. EXT.P6(A) TRUE COPY OF THE RELIEVING ORDER OF SMT.M.GEETHAKUMARI ON SUPERANNUATION, DATED 30.06.2006. EXT.P7 TRUE COPY OF THE ORDER OF THE UNIVERSITY DATED 25.2.1981 APPROVING APPOINTMENT OF SRI.RAJAN ALEX.A.E., JUNIOR LECTURER W.E.F.19.2.1980 EXT.P7(A) TRUE COPY OF THE ORDER DATED 10.3.1981 SHIFTED TO THE REGULAR VACANCY OF JUNIOR LECTURER W.E.F.4.8.1980. EXT.P7(B) TRUE COPY OF THE RELIEVING ORDER OF SRI.RAJAN ALEX.A.E., DATED 31.3.2007. EXT.P8 TRUE COPY OF THE LETTER DATED 18.10.2008 OF MANAGER SENT TO THE GOVERNMENT. EXT.P8(A) TRUE COPY OF THE CONSENT LETTER OF SRI.D.SOLOMON, ` ADDL.SECRETARY, FINANCE DEPARTMENT OF GOVERNMENT OF KERALA, DATED 7.4.2008. EXT.P8(B) TRUE COPY OF THE G.O.(Rt) NO.317/2008 DATED 23.2.2008 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P8(C) TRUE COPY OF THE LETTER DATED 28.6.2008 OF THE FIRST RESPONDENT ADDRESSED TO THE SECOND RESPONDENT. EXT.P9 TRUE COPY OF THE LETTER DATED 24.6.2008 OF THE FOURTH RESPONDENT. EXT.P9(A) TRUE COPY OF THE LETTER DATED 2.6.2008 OF THE FOURTH RESPONDENT. EXT.P9(B) TRUE COPY OF THE ORDER OF THE FOURTH RESPONDENT DATED 31.10.2007. EXT.P10 TRUE COPY OF THE CONSENT LETTER OF SRI.JOJITH MATHEW, JOINT SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, DATED 2.1.2009. EXT.P11 TRUE COPY OF THE COVERING LETTER OF THE PETITIONER DATED 5.1.2009. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 33641 OF 2008 E ------------------------------------------------------ Dated this the 22nd January, 2009 JUDGMENT The petitioner is the Manager of St.Mary's College, Sulthan Bathery. The reliefs prayed for in the Writ Petition are the following: “(i) to call for the records relating to this case; (ii) to issue a writ in the nature of mandamus or any other appropriate writ or order directing the respondent No.1 to nominate their representative to the Selection Committee/direct their nominee to participate in the Selection Committee meeting for selecting lecturers for appointment in the petitioner's college against the vacancies mentioned in Exhibit P1; (iii) to hold that no sanction of the Government is required to fill up the posts sanctioned by the University before 06-01=2005 on which date University Laws (Amendment) Act, 2005 (Kerala Act 2 of 2005) came into force; (iv) to pass such other order or direction as this Honourable Court may deem fit in the circumstances of the case; and (v) to award the costs of the petitioner.” 2. It is stated that the petitioner submitted the consent letter of a Government servant, D.Solomon, Additional Secretary, Finance Department, to be the nominee of the Selection Committee as per Ext.P8 (A). It is submitted that D.Solomon retired from service. Therefore, the petitioner submitted the consent letter of Jojith Mathew, Joint Secretary, W.P.(C) NO.33641 OF 2008 :: 2 :: Finance Department, evidenced by Ext.P10 dated 2.1.2009. Ext.P10 consent letter was forwarded by the petitioner to the Government as per Ext.P11 letter dated 5.1.2009. 3. Learned counsel for the petitioner submits that, for the time being, it is necessary to constitute a selection committee and, for that purpose, Government has to grant concurrence to the nomination of the Government nominee. It is also necessary to direct the nominee to participate in the Selection Committee as Government representative. It is not necessary, therefore, to consider the other reliefs prayed for in the Writ Petition as of now. Leaving open the right of the petitioner to pursue the other reliefs at the appropriate stage, the Writ Petition is disposed of as follows: a) The first respondent shall consider Ext.P11 representation along with Ext.P10 consent letter and decide whether concurrence is to be granted for constituting the Selection Committee by including Jojith Mathew as the Government nominee, as early as possible and, at any rate, within a period of one month from the date of receipt of a copy of the judgment. If concurrence is granted, the Government nominee shall participate in the Selection Committee. W.P.(C) NO.33641 OF 2008 :: 3 :: b) The petitioner shall produce a copy of the Writ Petition, copy of I.A.No.908 of 2009 and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/