IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 13088 of 2008(G) -------------------------- PETITIONER: ST.DOMINIC'S COLLEGE, KANJIRAPPALLY, REPRESENTED BY THE PRINCIPAL DR. ANCYKUTTY JOSEPH. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 4. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS POST, KOTTAYAM REPRESENTED BY ITS REGISTRAR. BY SMT.T.B REMANY,GOVERNMENT PLEADER- R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13088 /2008 APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : A TRUE COPY OF THE LETTER BY THE PETITIONER DATED 11/01/2006 TO THE 2nd RESPONDENT. EXHIBIT P2 : A TRUE COPY OF THE LETTER DATED 3/04/2006. EXHIBIT P3 : A TRUE COPY OF THE LETTER DATED 20/08/2007 BY THE PETITIONER 1st RESPONDENT. EXHIBIT P4 : A TRUE COPY OF THE LETTER DATED 18/01/2008 BY THE PETITIONER BEFORE THE 2nd RESPONDENT. EXHIBIT P4(a): A TRUE COPY OF THE STAFF STRENGTH AND VACANCY POSITION. EXHIBIT P5 : A TRUE COPY OF THE LETTER BY THE PETITIONER DATED 1/04/2008. EXHIBIT P5(a): A TRUE COPY OF THE STAFF STRENGTH AND VACANCY POSITION. EXHIBIT P6 : A TRUE COPY OF THE ORDER DATED 10/08/2006. /TRUE COPY/ P.A. TO JUDGE scm K.T.SANKARAN, J. ------------------------------ WP(C). No. 13088 of 2008 ------------------------------ Dated this the 25th day of June, 2008 JUDGMENT The petitioner is St. Dominic's College, Kanjirapally, represented by its principal. The college is an aided Educational institution, which according to the petitioner is a minority Educational institution. According to the petitioner, there were vacancies of teachers to be filled up. On 11/01/2006, as per Exhibit P1, the petitioner addressed a letter to the Director of College Education, Thiruvananthapuram to accord sanction for the selection and appointment of three teachers mentioned in Exhibit P1. There was no response. Again, the petitioner made Exhibit P3 letter dated 20/08/2007 and a letter dated 18/01/2008 (Exhibit P4). It is stated that on 31/03/2008, a teacher in politics retired which necessitated the filling up of that vacancy. It is stated that on 1/04/2008, the petitioner again sent a letter to the second respondent accompanied by a copy of the staff strength and vacancy position for the year 2008-2009. It is stated that appropriate orders were not being passed for filling the vacancies in view of G.O.MS. WP(C). No. 13088 / 2008 Page numbers NO.95/2006/H.Edn. dated 10/08/2006 which is produced and marked as Exhibit P6. It is submitted by the counsel for the petitioner that a Division Bench of this court has held in Shalini Vs. Manager, Christian College, [2007(3) K.L.T.355] that Exhibit P6 Government order is ultra vires the University laws. 2. There are two prayers in this Writ Petition. The first one is for issuing a Writ of Certiorari quashing the Exhibit P6 and another is for issuing a Writ of Mandamus commanding the respondents to nominate the Government/ University representatives for inclusion in the staff selection committee and complete all requisite formalities to enable the petitioner to fill up the vacancies. 3. For the purpose of appointment of teachers, it is necessary to constitute a selection committee in accordance with the relevant University statute. A representative of the Government will be a member of the committee. Likewise, a subject expert shall be included in the committee with the concurrence of the university. The petitioner has to submit to the Government the name of the particular officer whom the petitioner wishes to nominate to the committee with the WP(C). No. 13088 / 2008 Page numbers requisite consent of the officer, in which case the Government shall consider whether that officer is to be nominated. Necessary formalities have to be complied with by the petitioner for getting the concurrence of the university for nominating subject experts. The petitioner shall comply with the requirements within a period of two weeks from today, in which case appropriate orders shall be passed by the Government and the University granting approval for nominating the nominee of the Government and granting concurrence by the university without delay and at any rate within a period of two weeks from the date of receipt of the request in that behalf. It is made clear that the mere nomination of a nominee of the Government shall not be taken as a circumstance indicating that there are vacancies to be filled up. With these directions Writ Petition is disposed of. K.T.SANKARAN, JUDGE scm