IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 9703 of 2007(E) -------------------------------------- PETITIONER(S): ----------------------- GOPAKUMAR C., SENIOR LECTURE IN ELECTRONICS ENGINEERING, DEPARTMENT OF ELECTRONICS, COLLEGE OF ENGINEERING, CHENGANNUR. BY ADVS.MR.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA MR.PETER JOSE CHRISTO MR.S.A.ANAND RESPONDENT(S): ------------------------- INSTITUTE OF HUMAN RESOURCES DEVELOPMENT PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-14, REPRESENTED BY ITS DIRECTOR. R1 BY ADV MR.N.N.SUGUNAPALAN, SC, IHRDE R1 BY ADV.MR.S.SUJIN, SC, IHRD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9703/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CIRCULAR NO.E2/6596/2005/HRD DTD. 11.7.05 OF THE DIRECTOR, IHRD. P2:- COPY OF THE APPLICATION DTD. 19.7.05. P3:- COPY OF THE MEMO NO.E2/6596/2005/HRD DTD. 1.3.06 OF THE DIRECTOR, IHRD. P4:- COPY OF THE MEMO NO.E2/6596/2005/HRD DTD. 6.3.06 OF THE DIRECTOR, IHRD. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE MINUTES OF THE MEETING OF EXECUTIVE COMMITTEE. R1(b):- COPY OF THE SELECTION LIST FOR THE POST OF PROFESSORS AND ASST. PROFESSORS. R1(c):- COPY OF THE ORDER NO.E5/9155/2004/HRD DTD. 4.7.07 ISSUED BY THE RESPONDENT. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.9703 of 2007-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2009. JUDGMENT The petitioner is a Senior Lecturer in Electronics Engineering, in the Department of Electronics of the College of Engineering, Chengannur. The main prayer in the writ petition is for a direction to the respondents to complete the process of selection and appoint the petitioner to the post of Assistant Professor in the Engineering Colleges under IHRD pursuant to Ext.P1. 2. Heard learned counsel for the petitioner and the learned Senior Counsel appearing for the respondents. Ext.P1 notification is dated 11.7.2005. The method of appointment provided therein is by open selection through Staff Selection Committee constituted by the Executive Committee of IHRD. The petitioner was also invited for participating in the interview which was held on 10.3.2006, but that was postponed by Ext.P4. It is in these circumstances, the writ petition was filed as no steps were taken even after the lapse of one year, to complete the selection process. 3. In the counter affidavit filed by the respondents, it is stated that the D.P.C. was convened on 30.10.2006 and they prepared a select list of wpc 9703/2007 2 Professors and Assistant Professors. The same is produced as Ext.R1(b). Item III concerns the select list for the post of Assistant Professor in Electronics Engineering, wherein it is ordered that the vacancies available are 25 in numbers. 4. The petitioner has filed a reply affidavit. Ext.P5 produced therein is a reply given by the Public Information Officer to one Shri R.Rajan wherein it is mentioned that there are 33 vacancies in the post of Assistant Professor in Electronics & Communication Engineering in all Engineering Colleges put together as on 1.7.2007. Therefore, learned counsel for the petitioner submitted that there are remaining vacancies which ought to have been filled up in continuation of the selection process that was undertaken. It is pointed out that the select list ought not have been confined to 25 candidates. 5. Learned Senior Counsel for the respondents submitted that 25 vacancies were filled up obviously, going by Ext.R1(b) and whether further vacancies will have to be filled up or not, is a matter for the Executive Committee to take a decision. 6. In that view of the matter, there will be a direction to the respondents to take a decision as regards the filling up of the remaining 8 vacancies, since it is pointed out in Ext.P5 that there are 33 vacancies. The wpc 9703/2007 3 claim of the petitioner for appointment will be considered in terms of the selection process undertaken already. An appropriate decision will be taken within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/