IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 7161 of 2011(U) ------------------------- PETITIONERS: --------------- 1. DR.SHEELA.S, PROFESSOR AND HEAD OF THE DEPARTMENT DEPARTMENT OF CIVIL ENGINEERING, COLLEGE OF ENGINEERING,TRIVANDRUM 2. DR.V.SYAMPRAKASH, PROFESSOR IN CIVIL ENGIENEERING ON DEPUTATION PROFESSOR AND HEAD OF THE DEPARTMENT, NATIONAL INSTITUTE OF TECHNICAL TEACHERS, TRAINING AND RESEARCH CENTRE,KALAMASSERY COCHIN 3. DR.M.SATHYAKUMAR, PROFESSOR IN CIVIL ENGINEERING, COLLEGE OF ENGINEERING,TRIVANDRUM-16 BY ADV. MS. S.KARTHIKA MS. K.P.GEETHA MANI RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVT. HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695001 2. THE DIRECTOR OF TECHNICAL EDUCATION,TRIVANDRUM - 695001 3. PROF. CHERIAN SKARIAH, RAJEEV GANDHI INSTITUTE OF TECHNOLOGY KOTTAYAM-686141 4. G.L.VALSALA,P.G.DEAN, COLLEGE OF ENGINEERING TRIVANDRUM-695016 5. PROF.K.SASIDHARAN (ON DEPUTATION) DATE PROCESSING, FINANCE DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM-695001 W.P.(C) NO. 7161 OF 2011 6. S.SABU PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, COLLEGE OF ENGINEERING, TRIVANDRUM - 695001 7. THE A.I.C.T.E, I.G.SPORTS COMPLEX,I.P.ESTATE, NEW DELHI-2, REP.BY ITS DIRECTOR R1 AND R2 BY GOVERNMENT PLEADER MR. BENNY GERVASIS R3 TO R6 ADV. MR. N. NANDAKUMARA MENON R7 MR. S.KRISHNAMURTHY,SC, AICTE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON 14/07/2011 DELIVERED THE FOLLOWING: W.P.(C) NO. 7161 OF 2011 APPENDIX PETITIONERS' EXHIBITS : EXT. P1 : TRUE COPY OF GOVERNMENT ORDER DATED 08.12.2003 EXT.P2 : TRUE COPY OF CERTIFICATE DATED 04.01.2011 OF 1ST PETITIONER ISSUED BY THE KERALA UNIVERSITY. EXT. P3 : TRUE COPY OF RELEVANT PAGES OF GOVERNMENT ORDER DATED 26.10.2002 PROMOTING THE 2ND PETITIONER. EXT. P4 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE INDIAN INSTITUTE OF TECHNOLOGY TO THE 2ND PETITIONER. EXT. P5 : TRUE COPY OF GOVERNMENT ORDER DATED 05.08.2005 EXT. P6 : TRUE COPY OF CERTIFICATE ISSUED BY THE INDIAN INSTITUE OF TECHNOLOGU TO THE 3RD PETITIONER. EXT. P7 : TRUE COPY OF GOVERNMENT ORDER DATED18.09.2004 EXT. P8 : TRUE COPY OF THE RELEVANT PAGES OF THE REGULATION ISSUED BY THE AICTE DATED 05.03.2010 EXT. P9 : TRUE COPY OF THE GOVERNMENTORDER DATED 07.12.2010 EXT. P10 : TRUE COPY OF THE GOVERNMENT ORDER DATED 09.02.2009 EXT. P11 : TRUE COPY OF INTERIM ORDER DATED 16.03.2011 IN W.P(C) NO. 7161 OF 2011 EXT. P12 : TRUE COPY OF THE INTERIM ORDER DATED 31.03.2011 IN W.P.(C) NO. 7161 OF 2011 EXT. P13 : TRUE COPY OF ORDER DATED 31.03.2011 IN R.P. NO. 293/2011 EXT. P14 : TRUE COPY OF THE ORDER DATED 31.03.2011 ISSUED BY THE 2ND RESPONDENT. EXT. P15 : TRUE COPY OF THE ORDER DATED 01.042011 ISSUED BY THE 2ND RESPONDENT. EXT. P16 : TRUE COPY OF THE ORDER DATED 04.04.2011 ISSUED BY THE 2ND RESPONDENT. EXT. P17 : TRUE COPY OF JUDGMENT DATED 18.01.2011 IN W.A. NO. 2014 OF 2010 /TRUE COPY/ P.A. TO JUDGE J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 7161 Of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th day of July, 2011 JUDGMENT J. Chelameswar, C.J. The Writ Petition is filed with the prayers as follows: a). issue a writ of mandamus or other appropriate writ order or direction directing the respondent 1 and 2 not to fill up 5 posts of Principal arising on 01.04.2011, in the Government Engineering Colleges in the State by appointing Professors like respondents 3 to 6, who are not possessing Ph.D. qualification; b) Issue a writ of mandamus or other appropriate writ order or direction directing the 1st and 2nd respondents to fill up the 5 posts o Principal arising in the various Government Engineering Colleges in the State, on 01.04.2011, by promoting and posting Professors like petitioners 1 to 3 who possessing Ph.D. qualification strictly in accordance with Ext. P7 to P9 rules and regulations; c). Issue a writ of mandamus or other appropriate W.P (C) No. 7161 of 2011 :2: writ order or direction directing the 1st respondent not to give effect to decision if any, already taken by the 1st respondent, to promote Professors like respondents 3 to 6 who are not having Ph.D. qualification to the 3 posts of Principal which are arising w.e.f. 01.04.2011 in Government Engineering Colleges in the State, without getting prior permission from this Hon'ble Court; AND d) pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case. 2. As can be seen from the prayers, the Writ Petition is based on an apprehension that the respondents are going to appoint non-Ph.D. holders as the Principals of five Government Engineering Colleges in the State. The said posts till vacant on 1st April, 2011. 3. In view of the subsequent developments in the matter, it may not be necessary for us to go into the complete details of the case, except to state that, it is admitted on all hands that as per the relevant Rules applicable for filling up of the post of Principals in the Engineering Colleges, the requisite qualification is a Ph.D. 4. During the pendency of the Writ Petition, in view of the fact that 5 posts of Principals were lying vacant the respondent State made some in- W.P (C) No. 7161 of 2011 :3: charge arrangements in exercise of power under Rule 53 (b) Part I of Kerala Service Rules. However, four of the five candidates, who are appointed as in-charge Principals admittedly did not possess qualification of Ph.D., in our view, substantially justifying the apprehension expressed in the Writ Petition. When the matter was taken up on the last occasion confronted with the question as to how such an arrangement could be made even in the face of the availability of duly qualified candidates with Ph.D qualification, the Government Pleader sought for some time to get instructions. 5. Today, when the matter is taken up, the learned Government Pleader placed before us an order of Government bearing No. G.O. (Rt.) No. 1039/11/H.Edn. dated 12.07.2011. By the said order four senior most professors working in various Government Colleges having Ph.D qualification are transferred and posted as Principals of the Government Engineering Colleges indicated therein in supersession of the earlier orders as an interim measure pending finalization of the regular appointments. The learned Government Pleader also made a statement that the Government would proceed with the appointment of the regular Principals expeditiously and strictly in accordance with the Rules applicable for such process. W.P (C) No. 7161 of 2011 :4: 6. In the above mentioned circumstances, we do not see any reason to proceed further with the Writ Petition and the Writ Petition is accordingly disposed of, recording the statement made by the learned Government Pleader. We also deem it appropriate to direct that the appointment to the 5 post of Principals in the concerned Government Colleges on regular basis shall be completed within a period of three months from the date of receipt of a copy of this judgment. Sd/ J. CHELAMESWAR, CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True Copy/ P.A. to Judge