IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE MR. JUSTICE S. SIRI JAGAN. FRIDAY, THE 19TH FEBRUARY, 2010/30TH MAGHA, 1931. W.P (C) NO. 29559 OFO 2009 PETITIONER: ----------- PRIYA G. NAIR, GOPISADANAM, PALIYAKARA, THIRUVALLA, PATHANAMTHITTA – 689 101. BY ADV. SRI. I.SHEELA DEVI. RESPONDENTS: ------------ 1. KERALA AGRICULTURAL UNIVERSITY, REP. BY ITS REGISTRAR, VELLAIKKARA, THRISSUR – 680 101. 2. SYNDICATE OF THE KERALA AGRICULTURAL UNIVERSITY, REP. BY THE VICE CHANCELLOR, VELLANIKKARA, THRISSUR – 680 656. BY ADV. SRI. K.P. MUJEEB, S.C. THE WRIT PETITION HAVING BEEN FINALLY HEARD ON 19-2-2010, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 29559/2009 -------------------------------------------- EXT.P1 TRUE COPY OF NOTIFICATION dated. 9-10-2007. EXT.P2 APPLICATION FORM DATED 14-11-2007. EXT.P3 NOTIFICATION DATED 15-11-2007. EXT.P4 RANK LIST DATED 4-11-2008. EXT.P5 PROCEEDINGS DATED 19-11-2008. EXT.P6 PROCEEDINGS DATED 19-11-2008. EXT.P7 MINUTES OF THE EXECUTIVE COMMITTEE DATED 18-6-2009. EXT.P8 ORDER DATED 10-9-2009. EXT.P9 LETTER FROM THE DEAN, KELAPPAJI COLLEGE OF AGRL. ENGINEERING TECHNOLOGY INSTITUTE, THAVANOOR. EXT.P9(a) VACANCY POSITION IN THE KELAPPAJI COLLEGE OF AGRL. ENGINEERING TECHNOLOGY INSTITUTE, THAVANOOR. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 29559 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th day of February, 2010. J U D G M E N T The petitioner applied pursuant to a notification issued by the 1st respondent, inviting application for selection to the post of Assistant Professors in various disciplines under the faculties of the 1st respondent-University. The petitioner was a candidate for the post of Assistant Professor in the discipline of Soil and Water Engineering in the faculty of Agricultural Engineering under the 1st respondent. She is rank no. 2 in the rank list prepared pursuant thereto. According to the petitioner, vacancies are available in the said discipline for appointing the petitioner. The petitioner's grievance is that the petitioner is not being considered for appointment in the vacancies available. The petitioner therefore seeks the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to appoint the petitioner as Assistant Professor in the Discipline of Soil and Water Engineering on the basis of Ext. P4 rank list in one of the existing vacancy in the University; ii) issue an order directing the respondents to appoint the petitioner provisionally as Assistant Professor in the Discipline of Soil and Water Engineering in the Agricultural University.” 2. Initially, the University disputed that there are vacancies for filling up, but the petitioner pointed out that there are two vacancies in the Kelappaji College of Agricultural Engineering & Technology, Tavanur under the University and the petitioner can be appointed to one of those posts. Pursuant to a direction issued by this Court, the University has filed an additional statement. After considering that additional statement, I passed the following order on 11-2-2010: W.P.C. No. 29559/2009 -: 2 :- “An additional statement has been filed by the 1st respondent admitting that there is one vacancy at Tavanoor. But their contention is that Tavanoor is not a KVK or EAP and Ext. P 1 notification pursuant to which the rank list, in which the petitioner has been included, has been prepared, is only in respect of KVKs and EAPs. The learned counsel for the petitioner points out that in Ext. P7 the University has taken a decision as follows: “2. The shortage of teachers of the other campuses and research station were also discussed in detail and decided to fill up the vacant post from the existing rank list of EAPs and KVKs after filling the vacancies of KVKs and EAPs.” When this was pointed out, the learned standing Counsel for the University, the standing counsel seeks time.” Today, the learned standing counsel submits that the vacant post at Tavanoor can be filled up from the list, if this Court passes orders to that effect. From that submission, it is abundantly clear that in view of clause (2) of Ext. P7 quoted in the order dated 11-2-2010, the vacancy at Tavanoor can be filled up from the rank list in question. Accordingly, the writ petition is disposed of with a direction to the respondents to fill up the vacancy at Tavanoor by appointing the next person in the rank list in which the petitioner appears, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/