IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 24742 of 2010(P) --------------------------------------- PETITIONER(S): ------------------------ DR.JOSEPH M.J.SCIENTIST, INTER UNIVERSITY CENTRE FOR NANO MATERIALS & DEVICES(IUCND),CUSAT, KOCHI-22. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY(CUSAT),REPRESENTED BY THE REGISTRAR,CUSAT, KOCHI-22. 2. VICE CHANCELLOR, CUSAT, KOCHI-22. 3. THE DIRECTOR, INTER UNIVERSITY CENTRE FOR NANO MATERIALS & DEVICES(IUCND)CUSAT, KOCHI-22. R1 TO R3 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24742/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROPOSAL SUBMTITED BEFORE THE REGISTRAR OF THE UNIVERSITY. P2:- COPY OF THE ORDER DTD. 9.7.2009 TOGETHER WITH PROPOSAL AS APPROVED BY THE GOVERNMENT AND THE SYNDICATE. P3:- COPY OF THE NOTIFICATION DTD. 27.10.2009 ISSUED BY IUCND. P4:- COPY OF THE CURRICULUM VITA SUBMITTED BY THE PETITIONER. P5:- COPY OF THE MEMO DTD. 5.11.2009 . P6:- COPY OF THE JOINING REPORT DT.D 7.11.2009. P7:- COPY OF THE ATTENDANCE REGISTER. P8:- COPY OF THE REPRESENTATION DTD. 9.11.2009. P9:- COPY OF THE LETTER DTD. 2.12.2009. P10:- COPY OF THE REPRESENTATION DTD. 9.12.2009. P11:- COPY OF THE MINUTES OF 553 RD MEETING OF THE SYNDICATE HELD ON 20.2.2010. P12:- COPY OF THE RELEVANT PART OF STANDING COMMITTEE RECOMEMNDATION. P13:- COPY OF THE LETTER DTD. 2.8.2010. P14:- COPY OF THE ORDER DTD. 28.5.2010. P15:- COPY OF THE REPRESENTATION DTD. 23.4.2010. P16:- COPY OF THE MINUTES OF THE GOVERNING COUNCL OF CENTRE HELD ON 4.6.2010. P17:- COPY OF THE LETTER DTD. 22.6.2010. P18:- COPY OF THE REPRESENTATION DT.D 8.7.2010. P19:- COPY OF THE REPRESENTATION DTD. 16.7.2010. P20:- COPY OF THE REPRESENTATION DTD. 22.7.2010. W.P.(C) NO.24742/2010 P21:- COPY OF THE MEMO DTD. 26.7.2010. P22:- COPY OF THE ORDER DT. 26.7.2010. P23:- COPY OF THE RESEARCH REPORT SUBMITTED TO THE IUCND. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ------------------------- W.P (C) No.24742 of 2010 -------------------------- Dated this the 12th November, 2010 J U D G M E N T As per Ext.P5 memo, the petitioner was selected for the position of Project Scientist in the in the Interuniversity Centre for Nanomaterials and Devises (IUCND). It is stated in Ext.P5 that the position is purely temporary and is for a period of one year; but may be extended for a period till the completion of the project. 2. Pursuant to Ext.P5, petitioner joined the post and continued as such till 6.11.2010. Meanwhile, on the ground that project is still continuing, petitioner made a request to the University to consider him for the post of Scientist in charge/Deputy Director of the (IUCND). That request of the petitioner was considered by the Syndicate and from Ext.P11 minutes it is seen that Syndicate resolved to authorise the Vice Chancellor to take appropriate decision on the request of the petitioner considering the recommendations of the Standing Committees and the deliberations in the Syndicate. 3. This writ petition is filed contending mainly W.P (C) No.24742 of 2010 2 that going by the statutes, It is the Syndicate, which is the competent authority, to decide on the request made by the petitioner and therefore, the Syndicate itself should decide the request of the petitioner. 4. Heard learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents. 5. As far as the request of the petitioner that the Syndicate itself should consider his representation for continuance is concerned, the University does not have any serious objection in the matter. Therefore, there will be a direction to the respondents 1 and 2 to place the request of the petitioner to consider him for the post of Scientist in charge/Deputy Director (IUCND) before the Syndicate of the University. It is directed that the Syndicate shall consider the matter within one month from the date of receipt of a copy of this judgment and that such consideration shall be untrammelled by Exts.P17, 21, and 22 produced by the petitioner. W.P (C) No.24742 of 2010 3 6. Yet another grievance of the petitioner is that, for the period till 6.6.2010 he has not been paid the full salary. Taking note of this, it is directed that , if any salary due for the aforesaid period is remaining unpaid, the same shall also be paid. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE ma The date "6.6.2010" occurring in the 2nd line of the 3rd page of the judgment dt. 12.11.2010 in W.P(C) No.24742/10 is corrected and substituted as 6.11.2010" as per order dated 08.12.10 in I.A No.16949/10. Sd/ Registrar(Judicial)