IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 32595 of 2009(T) -------------------------------- PETITIONERS: ---------------- 1. R.NALINAKSHAN PILLAI, LAST GRADE STAFF, GRADE-III (HIGHER GRADE) D.B.COLLEGE, SASTHAMKOTTA, KOLLAM. 2. P.R.BIJU, LAST GRADE STAFF, GRADE-III (HIGHER GRADE ) D.B. COLLEGE, SASTHAMKOTTA. SASTHAMCOTTA, KOLLAM. 3. MANOJ.K.R., LAST GRADE STAFF, GRADE-III(HIGHER GRADE) D.B.PAMPA COLLEGE PARUMALA, MANNAR, PATHANMTHITTA. BY MR.P.VINODKUMAR, ADVOCATE. MR.T.K.AJITH KUMAR, ADVOCATE. MR.SUSHANTH.J, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REP. BY THE SECRETARY DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR, COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. WP(C).No. 32595/2009 ...2... 5. SRI. SETHUKUMARAN NAIR, SPECIMEN COLLECTOR, D.B.COLLEGE, SASTHAMCOTTA. 6. SRI. MANDANA PILLAI, LAST GRADE STAFF D.B.COLLEGE, SASTHAMCOTTA. 7. SMT. J.BABY, LAST GRADE STAFF D.B.PAMPA COLLEGE, PARUMALA. 8. THE REGISTRAR, KERALA UNIVERSITY, THIRUVANANTHAPURAM. BY MR.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R8 MR.K.N.VENUGOPALA PANICKER, SC, TDB FOR R4. MR. T.T. MUHAMOOD, SR. GOVERNMENT PLEADER FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32595 OF 2009 --------------------------------------- Dated this the 25th day of November, 2009. J U D G M E N T The petitioners herein are working as Last Grade Staff Grade-III (Higher Grade) in the D.B. College, Sasthamkotta and the D.B. Pampa College, Parumala respectively. The main grievance raised by the petitioners is that instead of respondents 5 to 7, the 4th respondent ought to have promoted the petitioners as they are the eligible persons available in the category. Exhibit P2 is the proceedings of the Secretary of the Travancore Devaswom Board dated 23.10.2009 whereby various persons in different categories have been promoted. It is their contention that respondents 5 to 7 do not possess the qualification of pass in attender test. Challenging the same, the petitioners have approached the Director of Collegiate Education as per Exhibits P4, P5 and P6 which are the petitions filed under Section 64(3) of the Kerala University First Statutes. The petitioners pray that the same may be directed to be considered within a time frame. W.P.(C) No.32595/2009 2 2. Heard the learned Government Pleader appearing for respondents 1 to 3 and the learned standing counsel for the 4th respondent. Since the petitioners have already approached the 2nd respondent in the matter, the 2nd respondent will take a decision on Exhibits P4 to P6 in accordance with law, after hearing the petitioners and respondents 4 to 7. The petitioners will see that the copies of Exhibits P4 to P6 are served on respondents 5 to 7 along with copy of the judgment. Appropriate decision will be taken by the 2nd respondent within a period of three months from the date of receipt of a copy of this judgment. It is made clear that this Court has not adjudicated anything on the merits of the matter herein. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp