IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WA.No. 1383 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.24261/2007 Dated 08/06/2009 .................... APPELLANT/2ND RESPONDENT ---------------------------- SUMA NAIR, EENIKKAL HOUSE, PO, KARUVAMBRAM, MANJERI, MALAPPURAM, PIN: 676 123,PRESENTLY RESIDING AT HOUSE NO.7/409/ 4, LENIN NAGAR, PATTALAMKUNNU, MANNUTHY PO, THRISSUR. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA RESPONDENTS/PETITIONER AND 1ST RESPONDENT: --------------------------------------------- 1. C.V.AMBUJAN, NOW AGED 44 YEARS S/O.M,K.GOPALAN NAIR, OVERSEER GRADE-I(CIVIL) ENGINEERING DIVISION, KELAPPAJI COLLEGE OF AGRICULTURAL ENGINEERING AND TECHNOLGY, KERALA AGRICULTURAL UNIVERSITY CAMPUS, TAVANUR, NOW WORKI NG AS TECH.ASST/TARIN.ASST,KRISHI VIGYAN KENDRA 2. THE KERALA AGRICULTRUAL UNIVERISYT, REP.BY ITS REGISTRAR ADV. SRI.B.S.SWATHY KUMAR FOR R1 ADV. SRI.K.P.MUJEEB, SC FOR R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.1383 of 2009 .................................................................... Dated this the 16th day of February, 2011. JUDGMENT Ramachandran Nair, J. After hearing both sides we feel there is no grievance for both the contesting parties because the learned Single Judge has directed fresh selection to be made based on the original application and the qualification prescribed. The only finding of the learned Single Judge is that the selection committee should not have fixed norms for selection because selection should be based on conditions contained in the notification inviting application for selection. Here again, we do not find that the selection committee has fixed any fresh norms alien to the conditions prescribed for appointment. All what they have done is to fix maximum mark for each item of qualification like educational qualification, experience, publication which again is part of academic achievements and interview. We do not think the fresh norms prepared by the selection committee is required for them to make selection based on educational qualification and experience. Writ Appeal is, therefore, 2 disposed of leaving the selection committee to proceed with the selection based on the notification inviting applications. We make it clear that even if the appellant is selected in the second round, the selection committee should select one more candidate because appellant has already taken up Lecturer's job, so that in the event of appellant declining to accept the post, it could be given to the second in the rank list. Since the appellant was allowed to join in the post of Assistant Engineer based on her selection, we feel if at all she is selected, such selection will have effect from the date she was appointed. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms