IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 749 of 2008(L) PETITIONER: ------------ MANAGER, DEVA MATHA COLLEGE, KURAVILANGAD-686 633. BY ADV. SRI.BABY ISSAC ILLICKAL RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. R4 BY STANDING COUNSEL SRI. T.A. SHAJI GOVERNMENT PLEADER SRI.T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF PROFORMA OF DIRECT PAYMENT AGREEMENT. EXT.P2 PHOTOCOPY OF ADVERTISEMENT IN HINDU DATED 12.12.2007. EXT.P3 A PHOTOCOPY OF WORKLOAD DETAILS. EXT.P4 PHOTOCOPY OF LETTER DATED 11.10.2007 TO THE SECOND RESPONDENT. EXT.P5 PHOTOCOPY OF LETTER DATED 28.6.2006 TO THE UNIVERSITY. EXT.P6 PHOTOCOPY OF JUDGMENT IN WPC.9183/06 DATED 7.4.2006. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 749 OF 2008 L -------------------------------------------- Dated this the 23rd June, 2008 JUDGMENT The petitioner is the Manager of Devamatha College, Kuravilangad, which is stated to be a Christian Minority Educational Institution. The College is affiliated to the Mahatma Gandhi University. It is stated that the management of the College executed an agreement with the first respondent for Direct Payment System. The selection and appointment of teachers in the College are to be made on the basis of the said agreement. The teachers are to be selected by a duly constituted selection committee in which the representatives of the Government and University shall be members, apart from the representatives of the Management and the Principal. It is stated that there are twelve vacancies in the post of teachers. The petitioner has advertised for filling up the vacancies and invited applications. Exts.P4 and P5 requests were made by the petitioner to respondents 2 and 4 respectively to nominate their representatives for constituting the selection committee. It is stated that the University has nominated their representative. However, the Government have not nominated their representative to the Committee. 2. The reliefs prayed for in the Writ Petition are the following: “i) issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 & 4, to co- operate with the petitioner in the appointment of necessary teaching staff in the petitioner's college, as per the terms of the Direct Payment Agreement; W.P.(C) NO.749 OF 2008 L :: 2 :: ii) issue a writ in the nature of mandamus or any other appropriate writ or order directing the respondents 1 & 4 to nominate their representative for constituting the selection committee for selecting teaching staff for appointment in various departments in the petitioner's college; iii) pass such other order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 3. It is submitted that proposal was made by the petitioner in the matter of the personnel to be nominated as representative of the State as the Government nominee. Now what remains is the acceptance of the nomination of that representative of the State to be a member of the selection committee. Learned Government Pleader submits that the Government will take appropriate action and nominate its representative within a period of three weeks. This submission is recorded and the Writ Petition is disposed of directing the first respondent to nominate its nominee to the selection committee within a period of three weeks. It is made clear that this order shall not be construed as having held that there exists vacancy to be filled up. (K.T.SANKARAN) Judge ahz/