IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 112 of 2009(L) PETITIONER : GISHA.G.S., SUGEETH, ULLOOR, MEDICAL COLLEGE P.O., TRIVANDRUM - 695 011. BY ADV. SRI.S.MOHANDAS RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT & (CHAIRMAN, EXECUTIVE COMMITTEE OF L.B.S) GOVET. SECRETARIAT, TRIVANDRUM - 695 001. 2. DIRECTOR, L.B.S.CENTRE FOR SCIENCE AND TECHNOLOGY NANDAVANAM, TRIVANDRUM 695 033., R2 BY STANDING COUNSEL SRI.P.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 112 OF 2009 L ------------------------------------------------------ Dated this the 15th January, 2009 JUDGMENT The petitioner was included in Ext.P1 rank list as Rank No.13 for the post of Lecturer in Computer Science Engineering. The petitioner was not appointed. She filed W.P.(C) No.36433 of 2008, which was disposed of. Copy of the judgment is not produced. In paragraph 12 of the Writ Petition, it is stated that when the Writ Petition (W.P.(C) No.36433 of 2008) came up for hearing on 15.12.2008, the Standing Counsel for the second respondent submitted before Court that before the expiry of the rank list the petitioner would be appointed. Recording the submission, it is stated that the Writ Petition was closed on 15.12.2008. 2. The grievance of the petitioner is that though she was appointed subsequently, she was posted at Kasaragod. Several allegations have been made in the Writ Petition against the respondents. It is also stated that the petitioner is now in the advanced stage of pregnancy and she cannot undertake a long journey to Kasaragod. The expected date of delivery of the petitioner is 13.2.2009, as stated in Ext.P4 certificate issued by the SUT Academy of Medical Science. W.P.(C) NO.112 OF 2009 :: 2 :: 3. The petitioner alleges that there are four leave vacancies available in the Department of Computer Science Engineering at LBS Engineering College, Poojappura, Thiruvananthapuram. The details of the same are mentioned in paragraph 5 of Ext.P2 representation submitted by the petitioner to the Secretary to Government. The contention of the petitioner is that the petitioner is entitled to be posted in any one of the leave vacancies at Thiruvananthapuram. 4. The relief sought for in the Writ Petition is to issue a writ of mandamus directing the respondents to modify Ext.P3 order of appointment and posting and to post the petitioner in LBS Engineering College, Thiruvananthapuram, instead of LBS College of Engineering at Kasaragod. 5. A statement dated 8.1.2009 is filed on behalf of the second respondent. All the allegations levelled against the respondents are denied in the statement. The maintainability of the Writ Petition is challenged. It is contended that the petitioner has no right to insist that she should be given a posting in LBS College of Engineering at Thiruvananthapuram. It is stated that LBS Centre for Science and Technology has two Engineering Colleges, one at Kasaragod and the other at Thiruvananthapuram. The statement would further reveal the W.P.(C) NO.112 OF 2009 :: 3 :: following facts: As per the existing practice, whenever a vacancy of teaching staff occur in the Colleges, the request for transfer of the existing teaching staff will be considered first and only thereafter, fresh appointments would be made. Two Lecturers in the Department of Computer Science and Engineering at LBS College of Engineering, Kasaragod have submitted requests seeking transfer to LBS College of Engineering, Thiruvananthapuram. Request of one such person was granted. In the resultant vacancy at Kasaragod, the petitioner was posted. There were no other substantive vacancies in the Colleges at the time when Ext.P3 order was issued. The averment in the Writ Petition that there are five vacancies of Lecturers in LBS College of Engineering at Thiruvananthapuram was denied. No substantive vacancies in the post of Lecturer in the Department of Computer Science and Engineering exist in the LBS College of Engineering at Thiruvananthapuram. In the leave vacancies in that College, a regular appointment cannot be made. 6. The petitioner cannot insist that she should be posted in a particular college. There is no such legal right for an appointee. A writ of mandamus cannot be issued unless the writ petitioner has established her legal right. There must be a corresponding duty on the respondents to comply with the request for enforcement of a legal right of the petitioner. In the case on hand, there is no legal right and there is no corresponding W.P.(C) NO.112 OF 2009 :: 4 :: legal duty. The prayer for a writ of mandamus, therefore, fails. 7. Learned counsel for the petitioner submits that the petitioner is expected to deliver a child in the second week of February, 2009 and it would be harsh to insist that the petitioner should join duty in the College of Engineering at Kasaragod at this point of time. She cannot undertake a journey to Kasaragod, stay at Kasaragod and work there for the present. It is submitted by the learned counsel for the petitioner that at least the joining time for the petitioner may be extended so that she can join duty in the College of Engineering at Kasaragod, within a reasonable time after delivery. Learned Standing Counsel for the respondents submitted that this aspect of the matter would be sympathetically considered by the respondents and, to the extent possible as per law, the joining time can be extended. If a request is made by the petitioner to the respondents in this regard, the respondents shall consider the same with all leniency on humanitarian grounds. With these observations, the Writ Petition is dismissed. (K.T.SANKARAN) Judge ahz/