IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 OP.No. 18492 of 2000(B) ------------------------------- PETITIONER(S): ----------------------- T.K.ANANDAKUTTAN, WORK SHOP INSTRUCTOR (MECHANICAL), MODEL POLY TECHNIC, KARUNAGAPPILLY, KOLLAM DISTRICT. BY ADV. SRI.V.P.SUKUMAR SRI.BOBBY JOHN RESPONDENT(S): ------------------------- 1. THE INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, PRAJOE TOWERS, VAZHUTHACADU, THIRUVANANTHAPURAM - 14 REPRESENTED BY ITS DIRECTOR. 2. THE PRINCIPAL, T.K.M. ENGINEERING COLLEGE, KOLLAM. 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. K.R.DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 18492 of 2000(B) C.M.P. NO.30694 OF 2000 IN O.P.NO.18492 OF 2000 PETITION FOR DIRECTION DISMISSED. SD/- S.SIRI JAGAN, JUDGE 17.10.2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE PROSPECTUS ISSUED BY THE 3RD RESPONDENT. EXT.P2 - TRUE COPY OF THE JUDGMENT DATED 29.2.2000 IN O.P. NO. 5018 BEFORE THE HON'BLE HIGH COURT OF KERALA AT EKM. EXT.P3 - TRUE COPY OF THE REPRESENTATION DATED 1.3.2000 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P4 - TRUE COPY OF THE LETTER DATED 29.3.2000 SENT BY THE FIRST RESPONDENT TO THE PRINCIPAL, MODEL POLY TECHNIC, MATTAKKARA. EXT.P5 - TRUE COPY OF THE JUDGMENT DATED 5.6.2000 IN O.P.NO. 9426 OF 2000 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P6 - TRUE COPY OF THE REPRESENTATION DATED 24.6.2000 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - O.P.No.18492 of 2000 - - - - - - - - - - - - - - - - - - Dated this the 17th day of October, 2008. J U D G M E N T The petitioner is an employee of the 1st respondent. He wanted to seek admission for part-time B.Tech course for which he had to produce a No Objection Certificate from his employer namely; the 1st respondent. The petitioner approached this court, since the 1st respondent did not issue a No Objection Certificate, seeking the following reliefs: “i. To issue a writ in the nature of Mandamus or any other appropriate writ or order directing the first respondent to issue No Objection Certificate to the petitioner for undergoing Part-Time B.Tech Course in the 2nd respondent College; ii. To issue a writ in the nature of Mandamus or any other appropriate writ or order directing the 2nd respondent to admit the petitioner to Part-Time B.Tech Course in Mechanical Engineering on production of No Objection Certificate from the first respondent, if he is otherwise eligible;” 2. This court passed the following interim order dated 12.7.2000 in this original petition. “Sri. N.N.Sugunapalan entered appearance on behalf of the first respondent. Notice to the rest. 2. The petitioner is working as Work Shop Instructor (Mechanical) in the Model Poly Technic, Karunagappally under the first respondent. The third respondent invited applications for admission to Part-time B.Tech. course in various branches of Engineering from candidates having O.P.No.18492 of 2000 - 2 - Diploma in the respective branch. The first respondent issued an Experience Certificate to the petitioner. One of the conditions in the Prospectus is that the candidates called for interview shall produce a “No Objection Certificate” at the time of interview. 3. The learned counsel appearing for the first respondent submitted that No Objection Certificate will be issued only to four senior candidates. According to the counsel, if other candidates are also issued No Objection Certificate, they will not attend the office and will affect the functioning of the office. 4. The part-time course starts only at 6.00 O'Clock in the evening. Therefore, the contention that the petitioner's joining the part-time course will affect the day-to-day affairs of the office is not true and correct. Hence, the petitioner is entitled to get a No Objection Certificate. In the circumstances, I direct the first respondent to issue a “No Objection Certificate” to the petitioner to enable him to join the course. The second respondent is directed to admit the petitioner if there is existing vacancy and if he is otherwise eligible.” Eight years have now elapsed. Now, on the strength of the No Objection Certificate, the petitioner would have completed the course. That being so, it would be futile to consider the matter on merits. Accordingly, the original petition is disposed of in terms of the interim order. S.SIRI JAGAN, JUDGE rhs