IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WA.No. 929 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.33005/2006 Dated 14/01/2008 .................... APPELLANT/ 1ST PETITIONER ---------------------------- DR.G.S.SREEDAYA, SREE BHAVAN, THALAKKONAM ROAD, POOJAPPURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SMITHA GEORGE RESPONDENTS/RESPONDENTS & PETITIONERS 2 TO 4 --------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVT OF KERALA, THIRUVANANTHAPURAM. 2. THE KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THRISSUR. 3. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, THRISSUR. 4. DR.SREEKALA G.S., SUVERNAREKHA, T.C.12/759-1, LAW COLLEGE JUNTION, VANCHIYOOR, P.O.THIRUVANANTHAPURAM. 5. SMT.P.SREEJA, W/O.DR.SREERANJIT KUMAR, NANDANAM, OLLUKKARA P.O. THRISSUR. 6. SMT.SUMA NAIR, W/O.DR.ARAVINDAKSAN, HOUSE NO.7/409/IV, LENIN NAGAR, PATALAKUNNU, MANNUTHY-680 651. GOVERNMENT PLEADER, SMT.R.BINDU FOR R1 SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVER FOR R2 & 3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, ALONG WITH WA NO. 1187 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. ----------------------------------------- W.A. Nos.929 & 1187 OF 2008 ----------------------------------------- Dated this, the 1st day of December, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. W.A. No.929 OF 2008: The appellant is the 1st petitioner in the Writ Petition. The brief facts of the case are the following: By Ext.P1 notification dated 2.5.2008, the Kerala Agricultural University invited applications for appointment to the post of Assistant Professor in various disciplines for the newly opened Krishi Vigyan Kendras at Kottayam, Thrissur, Malapuram and Kannur. Altogether, 24 posts of Assistant Professors were sanctioned by the Government. Two of them were in the discipline 'Agricultural Extension' under the faculty of Agriculture. The appellant was an applicant for the post of Assistant Professor in the said discipline. She was Rank No.3. The two vacancies were filled up by appointing Smt.Parvathy.S. and another. The said Smt.Parvathy joined duty and thereafter remained unauthorisedly absent. W.A. No.929&1187/2008 - 2 - 2. The appellant along with others approached this Court claiming that the vacancies, which arose subsequently in the cadre of Assistant Professor, should be filled up by persons included in the rank list. Since one vacancy arose in the post of Assistant Professor, Agricultural Extension, as a result of unauthorised absence, the appellant was appointed in that post pursuant to the interim order of this Court. The University filed a counter affidavit resisting the prayers in the Writ Petition. It submitted that since 24 vacancies were only notified, those vacancies alone can be filled up. But, in the case of the appellant, they submitted that the vacancy, in which she was appointed pursuant to the interim order of this Court, was one of those 24 notified vacancies. As a result of the unauthorised absence of the incumbent, who was appointed in one of the 24 vacancies, one vacancy became available to accommodate the appellant. The learned Single Judge, after hearing both sides, dismissed the Writ Petition. Hence, this appeal. 3. We heard the learned senior counsel, Sri.K.Ramkumar, for the appellant and the learned standing W.A. No.929&1187/2008 - 3 - counsel for the University. The University also supports the case of the appellant. It is not in dispute that going by the provisions of the Statutes governing appointment to various teaching posts in the Agricultural University, it can fill up only the notified vacancies. In this case, the vacancy, in which the appellant was accommodated, was one of those vacancies already notified and not a vacancy which arose in some other post. Therefore, we think that the appointment of the appellant will not go against the principle that only notified vacancies can be filled up from the rank list published. Therefore, the Writ Appeal is allowed. The judgment under appeal is reversed. The appointment of the appellant shall be treated as regular. W.A. No.1187 OF 2008: It is ordered that the judgment in W.A.No.929/2008 will govern this appeal also. (K. BALAKRISHNAN NAIR, JUDGE) (P.BHAVADASAN, JUDGE) ps