IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 26357 of 2007(K) -------------------------- PETITIONER(S): --------------- DR.P.NANDAKUMAR,AGED 50 YEARS, S/O. E.K. NAIR,ASSOCIATE PROFESSOR,(ANIMAL BREEDING AND GENETICS) ON LEAVE COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, TRICHUR. BY ADV. SRI.ANIL SIVARAMAN SMT.APARNA RAJAN RESPONDENT(S): --------------- 1. KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY REGISTRAR, KERALA AGRICULTURAL UNIVERSITY,POST VELLAYANIKKARA TRICHUR. 2. THE VICE CHNCELLOR (CHAIRMAN) SREENING/SELECTION COMMITTEE FOR SELECTION AND APPOINTMENT TO THE POSTS OF PROFESSORS UNDER CARRIER ADVANCEMENT PROMOTION SCHEME OF 1996 UGC/ ICAR SCHEME OF KERALA AGRICULTURAL UNIVERSITY) KERALA AGRICULTURAL UNIVERSITY,VELLAYANIKKARA 3. THE STATE OF KERALA REPRESENTED BY SECREARY TO GOVERNMENT,DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT,TRIVANDRUM. ADDL.R4 IS IMPLEADED 4. DR.RAJKAMAL P.J, PROFESSOR, DEPARTMENT OF EXTENSION, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, TRICHUR. IS IMPLEADED IN A REPRESENTATIVE CAPACITY AS PER ORDER DTD.6.3.08 IN IA.2962/08. ADDL.R5 & R6 ARE IMPLEADED WP(C).No. 26357 of 2007(K) ADDL.R5 & R6. ADDL.R5.DR.JOSE JOHN CHNGATH, PROFESSOR, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, TRICHUR. ADDL.R6.DR.P.KUTTINARAYANAN, PROFESSOR, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, MANNUTHY, TRICHUR. ADDL.R5 & R6 ARE IMPLEADED AS PER ORDER DTD.2.6.08 IN IA 6471/2008 ADDL.R7 TO R10 ARE IMPLEADED ADDL.R7. DR.K.V.REGHUNANDANAN, PROFESSOR, DEPARTMENT OF ANIMAL BREEDING & GENETICS, COLLEGE OF VETERINARY, K.A.U., MANNUTHY, THRISSUR. ADDL.R8.DR.K.C.RAGHAVAN, PROFESSOR, DEPARTMENT OF ANIMAL BREEDING & GENETICS, COLLEGE OF VETERINARY, K.A.U., MANNUTHY, THRISSUR. ADDL.R9.DR.K.RAJANKUTTY, PROFESSOR, DEPARTMENT OF VETERINARY SURGERY , COLLEGE OF VETERINARY, K.A.U., MANNUTHY, THRISSUR. ADDL.R10.DR.GEORGE T.OOMMEN, PROFESSOR, DEPARTMENT OF LIVESTOCK PRODUCTS TECHNOLOGY, COLLEGE OF VETERINARY, K.A.U, MANNUTHY, THRISSUR. ADDL.R7 TO R10 ARE IMPLEADED AS PER ORDER DTD.22.7.2008 IN I.A.9165/08 ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY FOR R.1,2 SRI.N.SUGATHAN FOR ADDL.R4 SMT.VARSHA BHASKAR FOR ADDL.R4 SRI.S.PRASANTH (AYYAPPANKAVU) FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26357 of 2007(K) PETITIONER'S EXTS: EXT.P1:- COPY OF PROCEEDINGS NO.GA/C2/10177/99 DTD.2.3.2003 EXT.P2:- COPY OF PROCEEDINGS NO.GA/C2/10177/99 DATED 15.10.2005 EXT.P3:- COPY OF THE PROCEEDINGS NO.GA/C2/10177/99 DATED 4.8.2006 ADOPTING THE GO NO.40/02 DATED 30.4.2002 EXT.P4:- COPY OF THE CIRCULAR NO.GA/K 23802/02 DTD.23.5.2007 EXT.P5:- COPY OF THE CIRCULAR NO.GA/K 23802/02 DTD.06.06.2007 EXT.P6:- COPY OF THE PERFORMA APPLICATION DTD.30.06.2007 EXT.P7:- COPY OF THE PETITION DTD.20.8.2007 EXT.P8:- COPY OF PUBLICATION APPROVING THE SELECTION OF 266 PERSONNEL FOR PROMOTION TO THE CADRES OF PROFESSOR EXT.P9:- COPY OF THE MINUTES. EXT.P12:- COPY OF CIRCULAR D.O.NO.F-3-3/2000(PS) DTD.21.2.2002 EXT.P13:- COPY OF PROCEEDINGS NO.GS/C2/23346/99(ii) DTD.8.7.1999 EXT.P14:- COPY OF NOTIFICATION NO.GA/K3/7073/2008 DTD.2.7.08 EXT.P15:-COPY OF CIRCULAR NO.R/RECTT/CAS-96/1/2003 DTD.1.8.2003 EXT.P16:- COPY OF REPRESENTATION SUBMITTED BEFORE R2 VICE CHANCELLOR DTD.22.12.2009 RESPONDENTS EXTS: EXT.R4(a):-COPY OF LETTER DTD.27.2.1999 OF THE I.C.A.R. EXT.R4(b):-COPY OF LETTER DTD.19.7.2000 OF THE I.C.A.R. EXT.R4(c):-COPY OF LETTER DTD.19.4.2004 OF GOVT.OF INDIA. EXT.R4(d):-COPY OF JUDGMENT DTD.14.2.2007 IN WP(c) NO.5054/07 EXT.R4(e):-COPY OF CIRCULAR DT.7.1.2005 WITH THE PROFORMA EXT.R4(f):-COPY OF LETTER DTD.24.1.06 OF THE DY.SECRETARY TO THE UNIVERSITY. EXT.R4(g):- COPY OF ORDER DTD.25.8.2007 PROMOTING 4TH RESPONDENT AS PROFESSOR. EXT.R4(h):-COPY OF ORDER DTD. 25.8.2007 PROMOTING 5TH RESPONDENT AS PROFESSOR. EXT.R4(i):- COPY OF ORDER DTD.25.8.2007 PROMOTING R6 AS PROFESSOR. /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).No.26357 OF 2007 ------------------------------ Dated this the 24 th day of September, 2010 JUDGMENT The petitioner, who is an Associate Professor (Animal Breeding and Genetics) in the College of veterinary and Animal Sciences, Mannuthy, Thrissur has filed this Writ Petition for the following reliefs: “1. To call for the records leading to the selection and promotion to the category of Professors under Career Advancement Promotion Scheme of 1996 UGC/ICAR Scheme conducted by the Screening/Selection Committee from 12.7.2007 to 20.7.2007 and approved by the Executive Committee in its meeting held on 27.7.2007 and set aside the same by issuing a writ of certiorari. 2. To declare that the selection and appointment of Professors by the Screening/Selection Committee in the interview held between 12.7.2007 and 20.7.2007 to the category of Professor under Career Advancement Scheme of 1996 UGC/ICAR Scheme is violative of UGC Regulations and Guidelines contained in GO (P) No.40/2002/H.Gdn dated 30.4.2002 (Exhibit-P3) and consequential appointments of the personnel may be declared as null and void. 3. To issue a Writ of Mandamus, Order or direction commanding the respondents not to issue orders appointing the personnel said to have been selected for the post of Professors and approved by the Executive Committee in its meeting held on 27.7.2007. W.P.(C).No.26357 OF 2007 2 4. To declare that the super cession and non selection of the petitioner to the post of Professor in the Faculty of Veterinary and Animal Sciences is illegal. 5. To issue a writ of Mandamus order or direction commanding the respondents to promote the petitioner to the post of Professor in the Faculty of Veterinary and Animal Sciences in the scale of pay Rs.16400-22400/- with all consequential benefits. 6. To issue a writ of Mandamus commanding the respondents to conduct selection and appointment to the post of Professor under Career Advancement Promotion Scheme of 1996 UGC/ICAR scheme strictly in accordance with UGC guidelines and exhibit P3 GO(P) No.40/2002/H.Gdn. dated 30.4.2002” 2. A statement dated 6 th November, 2007 was filed on behalf of the first respondent, Kerala Agricultural University. Paragraph 11 therein reads as follows: “A redressal Committee was constituted as per the decision of the 443rd meeting of the Executive Committee held on 23.8.2007 vide Order No.GA/C2/27433/2007 dated 6.9.007, for examining the anomalies and grievances raised by Teachers/Scientists with regard to the Career Advancement promotion order and the Scientists who have grievances are requested to submit their grievance in writing before the Committee”. 3. The petitioner has filed I.A.12888 of 2010 producing Ext.P16 as additional document. Ext.P16 W.P.(C).No.26357 OF 2007 3 is a representation dated 22.12.2009 submitted by the petitioner to the Vice Chancellor of the University. It is stated that Ext.P16 is not disposed of. 4. The learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied if Ext.P16 is placed before the redressal Committee and if the redressal committee is directed to take a decision after affording an opportunity of being heard to the petitioner. It is also submitted that the petitioner may be permitted to submit a detailed representation before the redressal committee. Learned counsel for the petitioner also submitted that the contentions put forward by the petitioner in the Writ Petition may be left open to be considered at the appropriate stage. 5. After having heard the learned counsel for the petitioner, the learned Standing Counsel for the Kerala Agricultural University and also the learned counsel appearing for additional W.P.(C).No.26357 OF 2007 4 respondents 4 to 10, I am of the view that the submission made by the learned counsel for the petitioner is just and reasonable. Instead of considering the disputed questions involved in this Writ Petition, it would be ideal, if the contentions raised by the petitioner are considered by the redressal committee. Accordingly, the Writ Petition is disposed of as follows: a) The Vice Chancellor of Kerala Agricultural University shall place before the redressal Committee Ext.P16 representation dated 22.12.2009 submitted by the petitioner, without delay. b) The redressal committee shall consider Ext.P16 and also consider any other representation that may be submitted by the petitioner before it, and after affording an opportunity of being heard to the petitioner and any other W.P.(C).No.26357 OF 2007 5 affected party, shall dispose of Ext.P16 representation and any other representation that may be filed, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. c) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the redressal Committee. All the contentions put forward by the petitioner in the Writ Petition are left open. K.T.SANKARAN, JUDGE. cms