IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 2168 of 2011(U) ------------------------------------- PETITIONER: ------------------- S.N.SHAMNAD, S/O.K.N.SALAHUDEEN, AGED 40 YEARS, LECTURER IN COMPUTER ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, ATTINGAL, THIRUVANANTHAPURAM. BY ADVS. SRI.V.A.MUHAMMED, SRI.M.SAJJAD. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695 001. R1 & R2 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2168/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2011 J U D G M E N T The petitioner is aggrieved by Ext.P12 order whereby the claim for promotion to the post of Lecturer in Computer Engineering with retrospective effect from 10/03/2006 was declined. In Ext.P12, what is pointed out is that the appointment is made through a selection process based on the merit & ability of the candidates assessed by the Departmental Promotion Committee (Lower). Accordingly, the view taken is that nobody can claim an appointment merely based on the fact that they have acquired sufficient qualification for the post. 2. The learned counsel for the petitioner submitted that the petitioner ought to have been considered in the vacancy which arose on 10/03/2006 as there were two vacancies and there were nobody else senior than the petitioner, qualified for such post. Raising all these contentions, the petitioner has filed Ext.P13 appeal before the Government. W.P.(C). No.2168/2011 -:2:- 3. I am not pronouncing anything on the merits of the matter and as Ext.P13 appeal is pending, there will be a direction to the Government to take a decision on on Ext.P13 appeal after hearing the petitioner and any other affected parties within a period of four months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE