IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 15891 of 2011(J) -------------------------- PETITIONER(S): ----------------------- K.S.SREEKUMAR,ASSISTANT PROFESSOR IN VOCAL,GOVERNMENT SREE SWATHI THIRUNAL COLLEGE OF MUSIC,THYCAUD,THIRUVANANTHAPURAM. (RESIDING AT LAKSHIMI MEDAYIL,TC 24/282(1), SASTHAMKOVIL ROAD,TYCAUD,THIRUVANANTHAPURAM, PIN-695014. BY ADVS. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY,HIGHER EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE CONVENOR,DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) TO THE POST OF PROFESSOR IN VOCAL GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695001. (PRINCIPAL SECRETARY,HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM). ADDL. 3RD RESPONDENT IMPLEADED -------------------------------------------------------- ADDL.R3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033, AS PER ORDER IN IA.10521/2011 DATED 1.8.2011. BY GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15891 of 2011(J) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF NOTIFICATION, G.O.(P) NO.23/2008/H.EDN. DATED 19.3.2008,PUBLISHED BY THE 1ST RESPONDENT, IN KERALA GAZETTE VOL. LIII DATED 24.3.2008. EXT.P2. COPY OF THE JUDGMET IN WPC 18931/2009 DATED 22.7.2009. EXT.P3. COPY OF THE ORDER NO.G.O. (RT) NO.1722/09/H.EDN. DT. 16.10.2009. EXT.P4. COPY OF THE ORDER NO.G.O. (RT) NO.888/10/H.EDN. DATED 11.5.2010 EXT.P5. COPY OF THE SELECT LIST PUBLISHED IN G.O.(P) NO.132/2010/H.EDN. DATED 28.6.2010 ISSUED BY THE 2ND RESPONDENT DATED 28.6.2010. EXT.P6. COPY OF THE RELEVANT PAGES OF THE AMENDED RULES AS PER NOTIFICATION NO.G.O. (P) NO.58/2011/H.EDN. DATED 31.3.2011. EXT.P7. COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE REGISTRR, TILAK MAHARASHTRA UNIVERSITY PUNE, DATED 21.2.2009. EXT.P8. COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA DATED 24.4.1987. EXT.P9. RELEVANT PAGE of the FINAL SENIORILY LISTOF ASSISTANT PROFESSORS IN VOCAL AS ON 1.1.2010. RESPONDENT'S EXHIBITS : NIL ---------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15891/2011-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of August, 2011 J U D G M E N T The petitioner seeks for a direction to the respondents to convene a meeting of the Departmental Promotion Committee (Higher) for considering the claim of the petitioner and other eligible candidates for promotion to the post of Professor in Vocal in the Music Colleges in the State of Kerala. 2. It is averred in the writ petition that the petitioner joined service on 18/08/1989 as Tutor Grade- II (Theory) and was promoted on 07/07/2006 as Assistant Professor in Vocal. He has a total service of 21 years and nine months and is due for promotion to the post of Professor in Vocal. Ext.P1 is the copy of the relevant rule, namely, Kerala Collegiate Education (Music Colleges) service Rules, 2008. 3. On an earlier occasion also, the petitioner had approached this Court seeking for a direction to convene the meeting of the Departmental Promotion Committee (Higher) and this Court by Ext.P2 Judgment W.P.(C). No.15891/2011 -:2:- directed the second respondent to convene D.P.C(Higher) and promote eligible persons within three months thereafter. It appears that subsequent actions were taken but the final request of the petitioner for promotion was rejected as the certificate produced by him was found not acceptable as the particular course was not recognised. A copy of the said order is produced as Ext.P4. A select list was published as per Ext.P5 wherein the petitioner was not included. It is stated that thereafter the relevant Special Rules were amended as per notification dated 31/03/2011 which has got retrospective effect from 24/03/2008. There is a modification with regard to the qualification required for promotion to the post of Professor. It is the case of the petitioner that he fulfills the qualification as per the amended rules. 4. In the Final Seniority List published with respect to the post of Assistant Professor in Vocal as on 01/01/2010, the petitioner is shown as Serial No.5 (Ext.P9). It is submitted that Serial No.3 has already retired from service and Serial No.4 was qualified only W.P.(C). No.15891/2011 -:3:- at the end of the year 2010. According to the petitioner, there are three vacancies of Professor in Vocal which are not filled up so far and in the said background, the petitioner has sought for various reliefs in this writ petition. 5. The learned Government Pleader on getting written instructions submitted that in the select list so far published, the petitioner has not been included. Two persons who have been included in the select list as Professor (Vocal) as per G.O.(Rt). No.959/2011/H.Edn., dated 01/07/2011 have already been promoted to the post of Professor in Vocal. One vacancy in the post of Professor in Vocal has occurred on 31/03/2011 and steps are being taken to convene a Departmental Promotion Committee for filling up the above post. It is also submitted that as per the information from the office of the Director of Collegiate Education, the petitioner will also be included in the field of choice for preparing the select list, subject to his eligibility. W.P.(C). No.15891/2011 -:4:- 6. In that view of the matter, the only direction that can be issued now is to convene the Departmental Promotion Committee (Higher) within a time frame. 7. The learned Government Pleader submitted that for convening the meeting of the Departmental Promotion Committee (Higher) various steps have been taken including calling for the confidential reports etc. of eligible candidates. 8. As steps are already in progress, there will be a direction to the respondents to convene the meeting of the Departmental Promotion Committee (Higher) for promotion to the post of Professor in Vocal and complete the process within a period of three months. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the respondents for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms