IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 7642 of 2011(E) ------------------------------ PETITIONER: -------------- RAJESHNATH.G.S., LECTURER IN MRIDANGAM, CHEMBAI MEMORIAL GOVERNMENT MUSIC COLLEGE, PALAKKAD. BY ADV. SRI.E.S.ASHRAF RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM - 695 001. 3. JAYAN.M.T., LECTURER IN MRIDANGAM, RLC COLLEGE OF MUSIC, THRIPOONITHURA, ERNAKULAM- 683 574. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No. 7642 Of 2011 ----------------------------------------------------- DATED THIS THE 23rd DAY OF MAY, 2011 J U D G M E N T The petitioner is a Lecturer in Mridangam in the Chembai Memorial Government Music College, Palakkad. The petitioner has approached this Court aggrieved by the non-consideration of his candidature for inclusion in the DPC list of persons fit for promotion to the post of Assistant Professor. According to him, overlooking his claims, the service details of his juniors were forwarded, which actually has prejudiced him. 2. As directed by this Court, the 2nd respondent has filed a statement. It is stated therein that notes for convening Departmental Promotion Committee(Higher) for preparing select list for the post of Principal, Professor in Mridangam and Assistant Professor in Mridangam in Government Music Colleges was forwarded to the Government vide office letter bearing No.B3- 3306/2009/Coll.Edn. dated 4.8.2010. As on the date of preparation of the said list, there was only an anticipatory vacancy of Assistant Professor in Mridangam, that too on filling up of the vacancy of the higher post of Principal in Music College. As per the seniority list of Lecturers in Mridangam in Government W.P.(C)No.7642/11 -2- Music Colleges, Smt.Veena V.R. Was ranked 2nd and as such her name was included in the list to be placed before the Departmental Promotion Committee(Higher). It is also stated that the petitioner had forwarded a request to the 2nd respondent to include his P.G.qualification only on 21.8.2010. 3. In paragraph No.3 it is averred that the promotion prospects of the petitioner have not been affected due to the forwarding of the notes for the Departmental Promotion Committee to the Government on 4.8.2010. If any further vacancy arises, Departmental Promotion Committee will be convened and petitioner's name will be placed as Sl.No.1, if he is qualified as per rules. The learned counsel for the petitioner pointed out that the petitioner was aggrieved since the details of his juniors were forwarded ignoring his claim. Now that in the statement in paragraph No.3 it is mentioned that the petitioner's name will be placed as Sl.No.1,if he is qualified as per rules and if any further vacancy arises, the same will satisfy the grievances of the petitioner. Recording the same, the Writ Petition is closed. dsn T.R.RAMACHANDRAN NAIR, JUDGE.