IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 10571 of 2011(V) -------------------------------- PETITIONERS: ---------------- 1. LIYA K (FORMERLY LECTURER IN COMMERCE), SREE VIVEKANANDA COLLEGE, KUNNAMKULAM,KOODATHINGAL HOUSE CHEVAYUR PO, KOZHIKODE. 2. DR.RAJITH K.S, LECTURER IN PHYSICAL EDUCATION SREE VIVEKANANDA COLLEGE, KUNNAMKULAM, THRISSUR DISTRICT. 3. DR.A.R.ANILKUMAR LECTURER IN SANSKRIT, SREE VIVEKANANDA COLLEGE, KUNNAMKULAM, THRISSUR DISTRICT. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANATHAPURAM PIN 695 001. 2. DIRECTOR OF COLLEGIATE EDUCATION DIRECTORATE OF COLLEGEIATE EDUCATION VIKAS BHAVAN,THIRUVANANATHAPURAM PIN 695 033. WP(C).No. 10571 of 2011 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION THRISSUR, PIN 680001. 4. UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR CALICUT UNIVERSITY PO, PIN 673 635. 5. CORPORATE MANAGEMENT OF SREE KERALAVARMA COLLEGE, THRISSUR AND SREE VIVEKANANDA COLLEGE KUNNAMKULAM REPRESENTED BY ITS MANAGER THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR POIN 680 001. 6. PRINCIPAL SREE VIVEKANANDA COLLEGE KUNNAMKULAM KIZHUR, THRISSUR DISTRICT, PIN 680 523. BY ADVS. SMT.P.K.RADHIKA FOR R5 SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R4 GOVERNMENT PLEADER SRI.SANTHOSH MATHEW,SC,CALICUT UNIVERSITY. SRI.N. RAGHURAJ, SC FOR CDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.10571/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF MINUTES OF SELECTION BOARD HELD ON 22.12.09. EXT. P2 : COPY OF MINUTES OF SELECTION BOARD HELD ON 21.12.09. EXT. P3 : COPY OF MINUTES OF SELECTION BOARD HELD ON 23.12.09. EXT. P4 : COPY OF ORDER No.H.4891/05 DTD. 15.1.10 OF MANAGER OF R5 CORPORATE MANAGEMENT. EXT. P5 : COPY OF ORDER No.H.4891/05 DTD. 12.3.10 OF MANAGER OF R5 CORPORATE MANAGEMENT. EXT. P6 : COPY OF ORDER No.H.4891/05 DTD. 15.1.10 OF MANAGER OF R5 CORPORATE MANAGEMENT. EXT. P7 : COPY OF ORDER No.GAII/C3/1714/2010 DTD. 27.10.10 OF UNIVERSITY OF CALICUT. EXT. P8 : COPY OF REPRESENTATION DTD.11.1.11 SUBMITTED BY PETITIONERS TO MANAGER OF COLLEGE. EXT. P9 : COPY OF LETTER No.h.6521-2010 DTD. 15.1.11 ADDRESSED TO DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. EXT. P10 : COPY OF LETTER Nos.5454/10, 5455/10, 5456/10 DTD. 28.1.11 ADDRESSED TO PRINCIPAL, SREE VIVEKANANDA COLLEGE, KUNNAMKULAM, THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. EXT. P11 : COPY OF LETTER No.C2/150/10 DTD. 29.1.11 TO DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. EXT. P12 : COPY OF ORDER No.GAII/D2/627/91 DTD. 23.3.92 OF CALICUT UTY. EXT. P13 : COPY OF LETTER No.B2/653/11 DTD. 1.3.11 OF R3. EXT. P14 : COPY OF G.O.(MS) 63/08/H.EDN DTD. 23.6.08. WP(C).No.10571/2011 EXT. P15 : COPY OF LETTER No.UGC CELL 1(1)/35999/02(1) DTD. 16.10.03 OF DIRECTOR OF COLLEGIATE EDUCATION ADDRESSED TO PRINCIPAL, SREE VIVEKANANDA COLLEGE, KUNNAMKULAM. EXT. P16 : COPY OF LETTER No.H.6251/10 DTD. 21.2.11 TO DIRECTOR OF COLLEGIATE EDUCATION. EXT. P17 : COPY OF JUDGMENT DTD. 10.12.10 OF THIS HON'BLE COURT IN WP(C) 30784/10-W. ANNEXURES: ANNEXURE R3(a) : COPY OF LETTER DTD. 22.6.11. ANNEXURE R3(b) : COPY OF LETTER DTD. 5.7.11. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.10571 OF 2011 --------------------------------------- Dated this the 9th day of August, 2011. J U D G M E N T The 1st petitioner even though was employed by the management left the service and the petitioners 2 and 3 are working as Lecturers in different disciplines in the very same college. Aggrieved by Exts.P10 and P13 communications issued by the Deputy Director of Education, the petitioners have approached this Court. 2. A detailed interim order was passed by this Court dated 27.07.2011 directing the 3rd respondent to countersign the salary bills for disbursing salary to the petitioners within one week from the date of receipt of a copy of the said order. Learned counsel for the petitioners submitted that the salary bills have been countersigned and subsequently the bills have been encashed. 3. In the counter affidavit filed by the 3rd respondent, what is projected as a reason for objecting the appointment of the petitioners is the want of concurrence by the Government. In W.P.(C) No.10571/2011 2 the light of Cherian Mathew vs. Principal S.B.College, Changanassery (1998 (2) KLT 144) and Shalini Rachel vs. Manager, Christian College (2007 (3) KLT 355), no prior concurrence from the Government is required. Therefore, Exts.P10 and P13 cannot survive. They are accordingly quashed. Since all the arrears are disbursed, no further orders are required in the writ petition. The future bills in favour of the petitioners 2 and 3 will be disbursed from time to time. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp