IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 8394 of 2010(Y) ------------------------- PETITIONER(S): --------------- JOSE PAUL, AGED 45 YEARS, NALPAT (H), SOUTH ANGADI, KORATTY, THRISSUR DISTRICT. BY JOSE PAUL( PARTY - IN - PERSON) RESPONDENT(S): --------------- 1. REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT. SRI.K.P.MUJEEB, SC , KERALA AGRI.UTY.-R1 GOVERNMENT PLEADER SRI.DILIP MOHAN-R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.8394 OF 2010 -------------------------------------------- Dated this the 30th day of June, 2010 JUDGMENT The petitioner was an applicant to Class IV posts under the Kerala Agricultural University. He had submitted application for selection to the said post based on the notification dated 10.4.1992. Since the University did not proceed with the selection process, the petitioner has filed O.P.No.14381/2009. The said O.P was disposed of as per Ext.P1 judgment with a direction to the University to frame statutes in the matter of appointment to the various posts including Class IV within three months from the date of receipt of a copy of the said judgment. That apart, as per Ext.P1 judgment, fresh appointments were prohibited till such statutes are effected. The relevant portion of Ext.P1 judgment reads thus: “Under these circumstances, I am constrained to issue a direction to the University to frame statute in the matter of appointment to the various posts including class IV within three months from the date of receipt of a copy of this judgment. Till statutes are framed and new recruitments are made, no fresh appointment shall be made.” 2. W.A.No.1111/2000 was filed against Ext.P1 judgment. The said Writ Appeal was disposed of as per Ext.P2 judgment. The said Writ W.P.(C) NO.8394/2010 2 Appeal was filed by the respondents in the Writ Petition feeling aggrieved by the aforesaid direction in Ext.P1, directing the University to frame the statutes and to effect new recruitments only in terms of the same and further not to effect further appointments till statutes are framed. A perusal of Ext.P2 judgment would reveal that the specific prohibition for effecting fresh appointments till framing of the statutes was not interferred with and it was disposed of taking note of the fact that the Government have accepted the report of Justice Baskaran Nambiar Commission to lay down norms for regulating appointments and further that the university has also taken action to frame statutes in the light of the report in terms of the instructions from the Government. Thereafter, the petitioner, who had suffered Ext.P1 judgment approached this court by filing W.P.(C). No.3375/2008. It is the specific contention of the petitioner that he had filed the said Writ Petition mainly seeking a direction to the University to proceed with the earlier notification issued in the year 1992 and to effect recruitment to the posts including the post of Last Grade Servants in terms of the said notification. The said Writ Petition was disposed of as per Ext.P3 judgment. The said judgment in so far as it is relevant reads thus: “2. Even according to the learned Standing Counsel, assent has been granted by the Chancellor in June, 2008. If that be so, non-availability of W.P.(C) NO.8394/2010 3 recruitment rules is no longer a justification. Despite this fact, as of now, no appreciable progress has been made by the University to make regular recruitments and dispensing with adhoc arrangements. 3. In view of this and also taking into account the fact that assent has been granted by the Chancellor to the statutes framed by the University, I direct that the University shall initiate recruitment process for Class- IV posts expeditiously....” 3. Evidently, Ext.P3 judgment was also rendered in tune with Exts.P1 and P2 judgments. As per Ext.P3 judgment, this Court directed the University to initiate recruitment process for class IV post expeditiously, at any rate, within a period of three months from the date of receipt of the said judgment taking note of the fact that the statutes have been framed. In short, the prayer of the petitioner for completing the selection process initiated as per notification dated 10.4.1992 was repelled by this Court. This Court as per Exts.P2 and P3 judgments considered the question as to whether the selection process initiated as per notification issued by the University in 1992 has to be proceeded with or not. As already noticed hereinbefore, this Court as per Ext.P1 judgment interdicted the University from effecting any appointments before framing the statutes and in fact Ext.P3 judgment is in tune with Ext.P2 judgment and the direction was to initiate the recruitment for Class IV posts in tune with the statutes. Admittedly, subsequent to Ext.P3, the University issued a W.P.(C) NO.8394/2010 4 notification No.GA/K2/30830/92(ii) dated 22.10.2009 for selection to the post of Last Grade Servants. The said notification was issued after the time stipulated by this Court in Ext.P3. However, on that ground, this Court cannot interfere with it as the same is perfectly in terms of Exts.P2 and P3 in all other respects. There is no merit in the contentions of the petitioner and accordingly, this Writ Petition is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.8394/2010 5 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.8394/2010 6