IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WA.No. 1369 of 2009() AGAINST ORDER DATED 26.06.2009 IN I.A.7339/09 IN W.P.C.23490/08 APPELLANTS: RESPONDENTS 1 TO 3 IN WPC 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SELECTION COMMITTEE FOR THE SELECTION TO THE POST OF PROFESSOR, REP. BY ITS CONVENOR, PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. T.B. HOOD SRI. SUDHAKARA PRASAD(SR.), ADVOCATE GENERAL RESPONDENTS/ PETITIONER & RESPONDENTS 4 & 5 IN W.P.C 1. DR. K.JAYARAJ, ASSISTANT PROFESSOR, DEPARTMENT OF MECHANICAL ENGINEERING, COLLEGE OF ENGINEERING THIRUVANANTHAPURAM. 2. N.RADHAKRISHNAN, DEPARTMENT OF MECHANICAL ENGINEERING, ASSISTANT PROFESSOR COLLEGE OF ENGINEERING THIRUVANANTHAPURAM. 3. C.K.VIJAYAKUMARI, ASSISTANT PROFESSOR, ELECTRIAL AND ELECTRONICS ENGINEERING, RAJIV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM. BY SRI.N.N. SUGUNAPALAN(SENIOR)-R1 SRI.M.C.GOPI SRI.SASIDHARAN CHEMPAZHANTHIYIL R2 SRI.LIJI J. VADAKKEDAN-R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1369 OF 2009 --------------------------------------------- Dated this the 30th day of June, 2009 JUDGMENT Balakrishnan Nair, J. Respondents 1 to 3 in I.A. No.7339 of 2009 in W.P.(C) No. 23490 of 2008 are the appellants. The Writ Petition was filed by the first respondent herein seeking to quash the eligibility list of persons prepared by the Government for promotion to the post of Professor in the Engineering Colleges under the Kerala Technical Education Service. This eligibility list was later cancelled and the Government ordered provisional promotion under Rule 31(a)(i) of the Kertala State and Subordinate Services Rules, 1958, as per Ext.P14. The writ petitioner amended the Writ Petition, incorporating the challenge against the said order. He also filed the aforementioned I.A. for stay of all further proceedings pursuant to Ext.P14. The learned Single Judge, by the order under appeal, granted the interim order as prayed for. Feeling aggrieved by the said order, this appeal is filed. 2. According to the appellants, the writ petitioner has no locus standi to challenge the promotion ordered in other departments and having W.A. NO. 1369/2009 2 regard to the principle of balance of convenience, it was unnecessary to stay the promotions, thereby crippling the functioning of the various departments in the Government Engineering Colleges. 3. We heard the learned counsel for the first respondent/writ petitioner also. Having regard to the principle of balance of convenience, we find that the stay of promotion was unwarranted. The writ petitioner is in no way benefitted by the interim order. But, on the contrary, the appellants and persons promoted pursuant of Ext.P14 are suffering irreparable injury and hardship without any corresponding benefit to the writ petitioner. So, the interim order cannot be sustained. Accordingly, it is vacated. It is clarified that the promotion made as per Ext.P14 in the Department of Mechanical Engineering will be provisional and subject to the result of the Writ Petition. The Writ Appeal is allowed as above. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1369/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO. 1369/2009 JUDGMENT 30th June, 2009 W.A. NO. 1369/2009 4