IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 19788 of 2009(P) -------------------------------------- PETITIONER(S): ---------------------- V. MANIKANDAN, U.D.CLERK, N.S.S.COLLEGE MANJERI, RESIDING AT VELUTHEDATH HOUSE, PANNICODE P.O., MUKKOM VIA., KOZHIKODE-673 602. BY ADV. MR.T.P.DEYANANTHAN MR.A.V.RAMAKRISHNA PANICKER SMT.R. SEEMA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. UNIVERSITY OF CALICUT, REPRESENTING ITS REGISTRAR, UNIVERSITY OF CALICUT. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 4. THE SECRETARY, N.S.S.COLLEGES, CENTRAL COMMITTEE, CHANGANACHERRY. 5. P. MURALEEDHARAN, L.D.TYPIST N.S.S. COLLEGE OTTAPPALAM, (UNDER ORDERS OF TRANSFER FROM N.S.S. COLLEGE, NEMMARA). R1 & R3 BY SR.GOVERNMENT PLEADER SMT.T.B. REMANI. R4 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, ADV. MR.P.GOPAL. R2 BY ADV. MR.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY. R5 BY ADV. MR.N.SUGATHAN, SMT.VARSHA BHASKAR, MR.S.PRASANTH (AYYAPPANKAVU). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19788/2009-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MOP CERTIFICATE DATED 28/10/2002 ISSUED BY K.P.S.C. EXT.P2: COPY OF THE A/C. TEST LOWER CERTIFICATE NO.12422/06 ISSUED BY THE KPSC DATED 16/06/2006. EXT.P3: COPY OF THE LETTER NO.H.6041/05 DATED 08/09/2005 ISSUED BY THE MANAGEMENT. EXT.P4: COPY OF THE PROMOTIONS TRANSFERS AND POSTING ISSUED BY THIS MANAGEMENT IN ORDER NO.H/3115/09 DATED 29/05/2009. EXT.P5: COPY OF THE REPRESENTATION DATED 01/06/2009 SUBMITTED BY THE PETITIONER TO THE MANAGEMENT. EXT.P6: COPY OF THE REPLY IN H-3364/09 DATED 12/06/2009 ISSUED BY N.S.S. COLLEGE'S CENTRAL COMMITTEE. EXT.P7: COPY OF THE ORDER NO.GA-II/F3/1810/08 DATED 17/01/2009 ISSUED BY THE SECRETARY CALICUT UNIVERSITY. EXT.P8: COPY OF THE GOVERNMENT ORDER M.S. NO.89/74/EDN. DATED 23/05/1974. EXT.P9: COPY OF THE ORDER G.O.(MS)NO.131/81/H.EDN. DATED 30/07/1981. EXT.P10: COPY OF THE G.O.(MS).93/83/H EDN. DATED 12/05/1983. EXT.P11: COPY OF THE GOVERNMENT ORDER (MS)NO.119/04/H.EDN. DATED 17/09/2004. EXT.P12: COPY OF THE REPRESENTATION DATED 20/06/2009 SUBMITTED BY THE PETITIONER TO GOVERNMENT WITH COPY TO THE DIRECTOR OF COLLEGIATE EDUCATION AND THE MANAGER OF THE COLLEGES. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.19788 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of October, 2009. JUDGMENT The petitioner herein is working as U.D. Clerk in N.S.S. College, Manjeri. He is seeking to quash Ext.P7 by which sanction has been accorded by the Vice Chancellor for implementing the resolution of the Syndicate to promote the L.D. Typists working in aided colleges under the University of Calicut who have joined service during 1991 period and after and have passed the MOP and Account Test, as U.D. Clerk on the basis of seniority as per the amendment to Statute 41(5) of Chapter 3 of the Calicut University First Statutes 1979. The petitioner is also seeking to quash the promotion of the 5th respondent in Ext.P4. 2. When the matter came up for hearing today, learned counsel for the petitioner prayed that the representation Ext.P12 submitted before the Government by the petitioner, may be directed to be considered within a time frame. 3. Heard learned counsel for the petitioner and learned counsel for the respondents. In the light of the submission made by the learned counsel for the petitioner, I am not going into the merits of the matter. There will be wpc 19788/2009 2 a direction to the first respondent to take a decision on Ext.P12 if the same has been received and pending, within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioner and respondents 2 to 5. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/