IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 28341 of 2010(P) -------------------------- PETITIONER(S): --------------- C.N.PRADEEP, HEAD OF SECTION IN COMMERCIAL PRACTICE, GOVERNMENT WOMEN'S POLYTECHNIC, NEDUPUZHA, THRISSUR. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.-1 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-1 3. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR MAKING PROMOTION TO THE POST OF PRINCIPAL IN THE WOMEN'S POLYTECHNICS, REPRESENTED BY ITS CONVENOR, SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. GOVERNMENT PLEADER SMT.NISHA BOSE FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.28341 OF 2010 ------------------------------ Dated this the 28th day of October, 2010 JUDGMENT The petitioner is the Head of the Section in Commercial Practice, Government Women's Polytechnic, Nedupuzha, Thrissur, he being the senior most Lecturer. The grievance voiced by the petitioner in the Writ Petition is that though the petitioner is entitled to be promoted as Principal, the Departmental Promotion Committee was not convened. The prayer in the Writ Petition is to convene the Departmental Promotion Committee and to prepare and publish the select list for filling up the vacancies of Principals in Women's Polytechnic under Class F in accordance with the provisions contained in the Kerala Technical Education Service Special Rules 1967. There are other reliefs also in the Writ Petition. 2. A statement dated 19th October, 2010, is filed by the second respondent in which it is stated as follows: W.P.(C).No.28341 OF 2010 2 “3. As per the existing Special Rules G.O.(MS) 284/PD/67 dated 2.9.1967 the method of appointment of the post Women's Polytechnic Principal is: (i) Promotion from the category of qualified lecturer in any of the subjects thought in the respective Polytechnics. (ii) In the absence of item (i) above, promotion from the next lower grade in the Women's Polytechnic qualified in the respective subjects. (iii) In the absence of item (i to ii) above by transfer from any other service. (iv) In the absence of item ((i) to (iii) above by direct recruitment. 4. As per 3rd method, the appointment of candidates from General Polytechnic is not a matter beyond the purview of Special Rules. At the time of making appointments by Exts.P6 and P7 there was no valid select list of Women's Polytechnic Principal. It is purely on academic and public interest both these appointments were made. 5. Under the Class F there are only five Polytechnics namely, Women's Polytechnic, Thiruvananthapuram, Kayamkulam, Kalamassery, Thrissur and Kozhikode. Women's Polytechnic, Kottakkal has not yet been included either in Class F or Class C (there is no specific Government Order). The appointment of C.V.Komalam as Principal at Women's Polytechnic, Thrissur who belongs to General Polytechnic is only temporary arrangement. Action for convening Departmental Promotion Committee will be taken within three months”. 3. It is also stated in the statement that “action for convening Departmental Promotion Committee will be taken within three months”. W.P.(C).No.28341 OF 2010 3 4. The learned counsel for the petitioner submitted that in view of the statement filed by the second respondent, the Writ Petition can be disposed of with a direction to the respondents to convene the Departmental Promotion Committee and finalize the preparation of select list within a period of three months. Accordingly, the Writ Petition is disposed of directing the respondents to convene the Departmental Promotion Committee and to finalize the select list for appointment of Principals in Government Women's Polytechnic, under Class F in accordance with the provisions contained in the Kerala Technical Education Service Special Rules 1967, within a period of three months. K.T.SANKARAN, JUDGE cms