IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 32965 of 2007(Y) -------------------------- PETITIONER: ------------ C.H.IBRAHIM KHALEEL, LIBRARIAN (U.G.C.SCALE), P.S.M.O COLLEGE, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN SRI.PRAMJI PAUL VAZHAPPILLY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, P.S.M.O COLLEGE, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.V.M.KURIAN FOR R3 SRI.K.T.THOMAS FOR R3 BY G.P. SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.ESTT.F2/865/97/COLL. EDN. DATED 17.2.2001 ISSUED BY THE SECOND RESPONDENT EXT.P2 TRUE COPY OF THE GO)MS) NO.119/04/H.EDN. DATED 17.9.2004 ISSUED BY THE FIRST RESPONDENT EXT.P3 TRUE COPY OF THE ORDER NO.E2/51883/2005/COLLEDN DATED 5.1.2006 ISSUED BY THE SECOND RESPONDENT EXT.P4 TRUE COPY OF THE ORDER NO.G1.949/05 DATED 6.1.2006 ISSUED BY THE MANAGER, PSMO COLLEGE, TIRURANGADI EXT,.P5 TRUE COPY OF THE LETTER NO.11464/D2/04/H.EDN. DATED 5.11.2004 OF THE FIRST RESPONDENT TO THE MANAGER OF PSMO COLLEGE, TIRURANGADI EXT.P6 TRUE COPY OF THE LETTER NO.G1.911/06 DATED 27.7.2006 OF THE THIRD RESPONDENT TO THE SECOND RESPONDENT EXT.P7 TRUE COPY OF THE LETTER NO.E2/6520/06/COLL. EDN. DATED 11.9.2006 OF THE SECOND RESPONDENT TO THE FIRST RESPONDENT EXT.P8 TRUE COPY OF THE LETTER NO.25175/D3/06/H.EDN. DATED 24/8/2007 OF THE FIRST RESPONDENT TO THE SECOND RESPONDENT EXT.P9 TRUE COPY OF THE ORDER G.O.(MS) NO.50/08/H.EDN. DATED 9.5.2008 ISSUED BY THE FIRST RESPONDENT //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.32965 of 2007 Y -------------------------------------- Dated this the 25th day of July, 2008. J U D G M E N T The petitioner was appointed as Librarian (U.G.C.) in P.S.M.O. College, Tirurangadi, Malappuram District with effect from 6.1.2006. Though the post of Librarian became vacant on 30.6.1999, the vacancy could not be filled up in view of the ban imposed by the Government in filling up the vacancies in aided colleges. As per Ext.P5 letter dated 5.11.2004, the Government permitted the management to make regular appointment to the eligible post of Librarian as per the staff pattern revised vide G.O.(Ms) No.119/04/H.Edn. Dated 17.9.2004. In reply to Ext.P7 letter dated 11.9.2006 issued by the Director of Collegiate Education to the first respondent, the first respondent issued Ext.P8 letter dated 24.8.2007, stating thus - “Inviting attention to the reference cited, I am to inform you that if the proposal is agreed to Government will have to agree to a number of cases of similar nature in other colleges, the result of which would be a huge cash flow from the state exchequer. Hence the proposal for approval of appointment cannot be considered.” WP(C) No.32965/2007 2 2. Learned counsel for the petitioner points out that now the first respondent has issued Ext.P9 Government Order dated 9.5.2008 wherein Librarian is included as a separate category. It is also stated that there is no existing Librarian in the college. In view of Ext.P9 Government Order, it is stated, that availability of excess hands in other non-teaching categories cannot be a ground to decline approval of the appointment of the petitioner as Librarian as Ext.P9 Government Order recognizes a separate category as Librarian. 3. The reliefs prayed for in the Writ Petition are the following:- “i. a writ of certiorari quashing /setting aside Ext.P-8. ii. a writ of mandamus to respondents 1 and 2 to approve the Petitioner's appointment as Librarian as per Ext.P-4 order and to disburse salary due to him for the period from 6-1-2006 onwards. and WP(C) No.32965/2007 3 iii. Such other writ order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 4. In the light of Ext.P9 Government Order, the appointment of the petitioner is to be considered for approval. The second respondent shall consider the proposal for approval of appointment of the petitioner as Librarian in the light of Ext.P9 Government Order as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the Writ Petition, a copy of I.A.No.7222 of 2008 and certified copy of the judgment before the second respondent. The petitioner shall also be entitled to produce such other facts and materials which are relevant in the matter before the second respondent . The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks