IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 28693 of 2008(N) ---------------------------------------- PETITIONER(S): ------------------------ M.P.BABY, HERBARIUM KEEPER, ST.PETER'S COLLEGE, KOLENCHERY.RESIDING AT:MADAVANA HOUSE, KADAMATTOM.P.O, KOLENCHERY. BY ADVS. MR.MURALI PURUSHOTHAMAN, MR.DEEPU LAL MOHAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. ST.PETER'S COLLEGE TRUST, REPRESENTED BY ITS SECRETARY,KOLENCHERRY, ERNAKULAM DISTRICT. 4. THE PRINCIPAL, ST.PETER'S COLLEGE, KOLENCHERRY, ERNAKULAM DISTRICT. 5. ST.PETER'S COLLEGE, REPRESENTED BY ITS PRINCIPAL, KOLENCHERRY, ERNAKULAM DISTRICT. 6. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, KOTTAYAM. R6 BY ADV. MR. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 28693 of 2008-N ------------------------------ Dated this the 26th day of March, 2009. J U D G M E N T Heard both sides. The petitioner entered service as Last Grade employee in the St.Peter's College, Kolenchery. That appointment was approved. Later he was promoted and posted as Attender. That was also approved. When a regular vacancy of Herbarium Keeper arose in the college, the petitioner was promoted to the post of Herbarium Keeper as per Exhibit P3 order dated 4.6.2007. 2. The second respondent to whom the appointment order was forwarded for approval declined to approve the appointment on the ground that the petitioner does not possess the qualifications prescribed in Exhibit P8 Government Order. This writ petition was thereupon filed challenging Exhibit P6, whereby petitioner's appointment as Herbarium Keeper was not approved. The petitioner contends that the qualifications for appointment to the post of Herbarium Keeper are prescribed in Statute 44 of Chapter 45C of the Mahatma Gandhi University Statutes, 1997 and therefore the reliance placed on Exhibit P8 is misconceived. 3. A counter affidavit has been filed on behalf of the W.P(C) No. 28693 of 2008-N 2 second respondent wherein it is conceded that in view of Exhibit R2 (a) Government order dated 9.5.2008, the petitioner is qualified to be appointed as Herbarium Keeper. Exhibit R2(a) states the qualifications and method of appointment to the post of Herbarium Keeper are those prescribed in the University Statutes. In the light of Exhibit R2(a) Government order and the stand taken by the second respondent in the counter affidavit, Exhibit P6 cannot be sustained. I accordingly allow this writ petition, quash Exhibit P6 and direct the second respondent to approve the petitioner's appointment as Herbarium Keeper if it is otherwise in order. Final orders in this regard shall be passed within two months from the date on which the petitioner produces a certified copy of the judgment. I further direct that if the appointment of the petitioner is approved, the respondents shall take expeditious steps to draw and disburse to him the arrears of salary that he is entitled to. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge W.P(C) No. 28693 of 2008-N 3