IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WA.No. 2209 of 2006(A) ------------------------------------------ AGAINST THE JUDGEMENT IN WPC.4999/2004 Dated 31/07/2006 .................... APPELLANTS/RESPONDENTS 1 & 2: -------------------------------------------------- 1. KERALA AGRICULTURAL UNIVERSITY, REP. BY ITS REGISTRAR, OFFICE OF THE KERALA AGRICULTURAL UNIVERSITY, K.A.U. P.O., VELLANIKKARA, THRISSUR DISTRICT. 2. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, K.A.U. P.O., VELLANIKKARA, THRISSUR. BY ADV. SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY RESPONDENTS/PETITIONERS & RESPONDENTS 3 TO 9 -------------------------------------------------------------------------------- 1. CHETTY K.V., SELECTION GRADE PEON, DIRECTORATE OF PHYSICAL PLANT, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. 2. M.B.CHANDRAN, CLASS-IV EMPLOYEE, DEPARTMENT OF PREVENTIVE MEDICINE, VETERINARY COLLEGE, KERALA AGRICULTURAL UNIVERSITY MANNUTHY P.O., THRISSUR DISTRICT. 3. A.K.SHYLAN, CLASS-IV EMPLOYEE, FINANCE WING, HEADQUARTERS, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, KERALA AGRICULTURAL UNIVERSITY, UNIVERSITY P.O., THRISSUR DISTRICT. 4. N.T.FRANCIS, BUS ATTENDENT GRADE II, UNDER DIRECTOR OF STUDENTS WELFARE, HEADQUARTERS, KERALA AGRICULTRUAL UNIVERSITY, VELLANIKKARA, THRISSUR. 5. C.GOVINDAN, BUS ATTENDENT GRADE-II, UNDER DIRECTOR OF STUDENTS WELFARE, HEADQUARTERS, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. W.A.NO.2209/2006 - 2 - 6. M.K.SIVARAMAN, BUS ATTENDANT GRDE II, COLLEGE OF FISHERIES, PANANGAD. 7. M.SOLOMAN, BUS ATTENDANT GRADE II, COLLEGE OF AGRICULTURE, VELLAYANI. 8. P.M.OUSEPH, BUS ATTENDANT GRADE II, UNDER DIRECTOR OF STUDENTS WELFARE, HEADQUARTERS, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. 9. ANILKUMAR P.B., BUS ATTENDENT GRADE II, D.S.W. OFFICE, HEADQUARTERS, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. 10. S.SASI, BUS ATTENDANT GRADE II, COLLEGE OF AGRICULTURE, VELLAYANI. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R1 TO 3 SMT.N.SANTHA FOR R1 TO 3 SRI.PETER JOSE CHRISTO FOR R1 TO 3 DR.K.P.KYLASANATHA PILLAY FOR R.4TO10 SMT.SREEDEVI KYLASANATH FOR R.4TO10 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2009, ALONG WITH WA NO. 2223 OF 2006 WA NO.829 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.2209 of 2006, W.A.No.2223 of 2006 & W.A.No.829 of 2007 ------------------------------------------ Dated, this the 4th day of June, 2009 JUDGMENT Kurian Joseph, J. The issue raised in these writ appeals pertains to the selection and appointment to the post of Bus Attendant Grade II under the Kerala Agricultural University. In the nature of the view we propose to take in these cases, it may not be necessary to go in detail to the facts. 2. The writ petitioners approached this Court when the selection was allegedly made taking into consideration extraneous factors. The main allegation was that the selection was based on also qualifications which are not prescribed for the selection. The learned Single Judge set aside the selection and directed to conduct W.A.No.2209/2006, etc. - 2 - a fresh selection. The selection pertains to the year 2003. 3. It is brought to our notice that many of the selected persons have already retired from service. However, we find that some of the petitioners in the writ petitions are even now eligible for consideration in the event of a fresh selection being conducted. In the above circumstances, we dispose of these writ appeals with the following directions: The Kerala Agricultural University shall conduct a fresh selection strictly complying with the prescribed qualifications and method of selection in respect of the vacancies available as of now within a period of three months from today. Till such selection is completed, the persons presently engaged as per the previous selection shall be continued. Persons who have already retired from service shall be deemed to have been duly appointed to the respective posts. We make it clear that the persons who W.A.No.2209/2006, etc. - 3 - have been selected as per the impugned proceedings will also be entitled to participate in the fresh selection process. If there is any other grievance, it will be open to the parties to file appropriate representation before the Vice Chancellor of the University, in which case the matter will be considered by the said authority in accordance with law. Sd/- S.R.Bannurmath, Chief Justice Sd/- Kurian Joseph, Judge vns