IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 26891 of 2009(F) -------------------------- PETITIONER(S): --------------- 1. THE SECRETARY, MAR ATHANASIUS COLLEGE ASSOCIATION, KOTHAMANGALAM. 2. THE PRINCIPAL, MAR ATHANASIUS COLLEGE, KOTHAMANGALAM. BY ADV. SRI.GEORGE JACOB (JOSE) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HIGHER EDUCATION (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM REPRESENTED BY THE REGISTRAR. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T FOR R1,3 &4 SHRI T.A.SHAJI, SC, FOR M.G.U THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26891/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of October, 2009 J U D G M E N T The petitioners herein representing the Management and the College have approached this Court seeking for a direction to the respondents to permit them to fill up the available vacancies in accordance with the staff pattern by constituting a Selection Committee including an Officer nominated by the first respondent. 2. Presently, the petitioners seek for permission to fill up three posts of Lecturers in the department of English and one post of Lecturer in the Mathematics Department. 3. Heard the learned counsel for the petitioners, the learned Government Pleader and the learned Standing Counsel for the University. The first respondent has filed a statement as directed by this Court. The first respondent contends that going by the workload and other details, the Management cannot be permitted to fill up the existing vacancies in English Department. It is also contended that actually there is no vacancy in the Mathematics Department. This contention is strongly refuted by the learned counsel for the petitioners by relying upon the workload. By Ext.P12 the first petitioner has communicated to the Government the request to permit W.P.(C). No.26891/2009 -:2:- the Officer named therein to function as a Government nominee and to participate in the proceedings of the Selection Committee. 4. The question whether the college is entitled to fill up the vacancy etc., need not delay the selection proceedings at this stage. The matter will have to be considered in detail by the University at the stage of grant of approval. Therefore, the objections raised by the first respondent can be considered at that point of time. 5. In view of the above circumstances, the petitioners will be permitted to proceed with the selection process. There will be a direction to the first respondent to nominate the officer whose name is shown in Ext.P12 or any other officer whose willingness is made available by the petitioners to participate in the selection proceedings as the Government nominee in the selection committee. Appropriate orders will be passed within one month from the date of receipt of a copy of this judgment. It is made clear that the direction issued as such by this Court to send a nominee will not be understood as a finding on the requirement of the College to fill up the vacancies. All the contentions of respective parties are left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms