IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 10901 of 2008(W) -------------------------- PETITIONER: ------------ THE MANAGER, M.A.M.O. COLLEGE, MUKKOM, MALAPPURAM DISTRICT. BY ADV. SMT.S.KARTHIKA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY COMMISSIONER AND SECRETARY TO GOVT. HIGHER EDUCATION DEPARTMENT, TRIVANDRUM. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, TRIVANDRUM. 3. UNIVERSITY OF CALICUT, TENHIPALAM, CALICUT UNIVERSITY P.O., REPRESENTED BY ITS REGISTRAR. R1 & R2 BY GOVT. PLEADER R3 BY STANDING COUNSEL FOR CALICUT UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.GA/F5/11343/82 DATED 8.3.1983 EXT.P2 TRUE COPY OF THE ORDER -DO- DATED 18.9.1983 EXT.P3 TRUE COPY OF THE LETTER DATED 23.7.2007 ISSUED BY THE PRINCIPAL OF THE PETITIONER'S COLLEGE EXT.P4 TRUE COPY OF LETTER DATED 13.9.2007 ISSUED BY THE 2ND RESPONDENT EXT.P5 TRUE COPY OF THE LETTER NO.G.I.S.S.1/07 DATED 3.11.2007 EXT.P6 TRUE COPY OF THE REQUEST DATED 23.7.2007 SUBMITTED BY PRINCIPAL OF THE PETITIONER'S COLLEGE. //TRUE COPY// K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.10901 of 2008 W -------------------------------------- Dated this the 18th day of June, 2008. J U D G M E N T The petitioner is the Manager of Muhammed Abdul Rahiman Memorial Orphanage College, Manassery, Kozhikode District. The college is an aided college, affiliated to the University of Calicut. It is stated by the petitioner that there are three retirement vacancies of Lectures and all the vacancies have to be filled up as per Chapter 2 of the Calicut University (Conditions of Service of Teachers and Members of Non-teaching Staff) First Statutes 1979. The appointment of the teachers shall be made only from a list prepared by the Selection Committee constituted by the Educational Agency. The Selection Committee shall consist of two representatives of the Educational Agency; a person nominated by the Educational Agency from among the Principal, Head of the Department and Professors with concurrence of the University and one member chosen by the Educational Agency from among the Secretary to Government and the District Collector. The Selection Committee is not constituted. WP(C) No.10901/2008 2 2. The reliefs prayed for in the Writ Petition are the following:- a) to issue a writ of mandamus or other appropriate writ order or direction directing the 1st respondent to depute a Govt. nominee to the Selection Committee for appointment to the post of lecturer in Hindi, Malayalam and Economics in the petitioner's college at the earliest, at any rate, on or before 15.4.2008; b) to issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to depute Expert Members to the Selection Committee for appointment to the post of lecturer in Hindi, Malayalam and Economics in the petitioner's college at the earliest at any rate on or before 15.4.2008; and c) to pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case.” WP(C) No.10901/2008 3 3. Learned Government Pleader, on instructions, submits that the first respondent will depute the Government nominee to the Selection Committee within a period of one month. This submission is recorded. Therefore, no further direction need be issued in respect of relief No.a. 4. In so far as relief No.b is concerned, the stand of the University is made clear in the counter affidavit filed by them. It is stated in the counter affidavit that the University has prepared a subject-wise list of subject experts. The University is not obliged to depute any expert to the Selection Committee. The petitioner cannot seek a relief directing the University to depute an expert to the Selection Committee and, therefore, relief No.b is not maintainable. 5. The Educational Agency has to constitute the Selection Committee. It is necessary that the Selection Committee should consist of a subject expert. The subject expert shall be included in the Selection Committee with the concurrence of the University. The petitioner has submitted Ext.P6 representation dated 23.7.2007 to the Registrar of Calicut University requesting to issue a panel of subject experts for the purpose of nominating to the Staff Selection Committee. It is stated that no reply was issued by the University. Therefore, it is necessary to issue a direction to the University to make available to the Educational Agency the panel of subject experts. The University shall forward the panel of subject experts to the Educational Agency within a period of two weeks. The learned Government WP(C) No.10901/2008 4 Pleader submitted that the constitution of the Selection Committee by nominating the Government nominee should not be construed as concurrence by the Government as to the existence of the vacancies. The request is reasonable and liable to be accepted. It is so recorded. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks