IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 17823 of 2008(Y) -------------------------------------- PETITIONER: ------------------ DR.K.T.RAVINDRAN, READER IN MATHEMATICS, PAYYANNUR COLLEGE, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ---------------------- 1. KANNUR UNIVERSITY, REPRESENTED BY THE REGISTRAR, KANNUR UNIVERSITY, KANNUR. 2. DR.T.V.RAMAKRISHNAN, S.E.S.COLLEGE, SREEKANDAPURAM. 3. THE SELECTION COMMITTEE FOR THE POST OF COURSE DIRECTOR (MATHEMATICS) KANNUR UNIVERSITY, REPRESENTED BY THE CHAIRMAN, KANNUR UNIVERSITY KANNUR. R1, R3 BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY R2 BY ADV. SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).17823/2008-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION DATED 05/07/2007. EXT.P2: COPY OF RESOLUTION NO.202/2008. EXT.P3: COPY OF G.O.(P)171/99/H.EDN DATED 21/12/1999. EXT.P4: COPY OF THE EXPERIENCE CERTIFICATE. EXT.P5: COPY OF ORDER DATED 30/06/2004. EXT.P6: COPY OF MINUTES OF THE MEETING OF THE STANDING COMMITTEE ON STAFF HELD ON 04/06/2008. EXT.P7: COPY OF REPRESENTATION DATED 03/05/2008 FILED BY THE PETITIONER. EXT.P8: COPY OF REPRESENTATION DATED 19/04/2008. EXT.P9: COPY OF REPLY DATED 06/05/20083. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF CERTIFICATE ISSUED BY THE COCHIN UNIVERSITY. EXT.R2(b): COPY OF CERTIFICATE ISSUED BY THE PROFESSOR AND HEAD OF DEPARTMENT OF MATHEMATICS OF COCHIN UNIVERSITY. EXT.R2(c): COPY OF COMMUNICATION ISSUED BY THE KANNUR UNIVERSITY. EXT.R2(d): COPY OF COMMUNICATION ISSUED BY THE KANNUR UNIVERSITY. EXT.R2(e): COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE UNIVERSITY. // TRUE COPY // P.S. TO JUDGE Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C)No.17823 of 2008-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of July, 2008. JUDGMENT The short issue raised by the petitioner, the second among those ranked for the post of Course Director in the Department of Mathematics, going by Ext.P2, is that the second respondent, who is ranked first, is unqualified as on the last date of receipt of applications in terms of Ext.P1 notification. Petitioner relies on different materials. The second respondent relies on different materials. The comparative qualification is a matter on which the competent Authority in terms of the statute has to decide. The Syndicate is shown to have considered the issue and issued Ext.P2, among other things, requiring a further verification by the Standing Committee on Staff, regarding the complaint about the teaching experience of the second respondent as on the date of the application. This means WP(C)17823/2008 -: 2 :- that the Standing Committee on Staff has to look into that aspect and report back to the Syndicate which is an Authority in terms of the Act. It is that Authority which has to take a decision. Therefore, without expressing anything on merits, this writ petition is disposed of ordering that the first respondent will ensure that the Standing Committee on Staff reports back to the Syndicate forthwith, taking into consideration all relevant aspects and materials regarding the matter called for from the Standing Committee on Staff as per Ext.P2. The matter needs to be expedited because, the post is only a short term one. It is clarified that the Standing Committee on Staff is not tied down by this judgment to consider only such materials as are now on record. Any further action to appoint the petitioner or the second respondent will be only on the basis of the Syndicate decision. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/300708