IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 18110 of 2009(G) -------------------------- PETITIONER(S): --------------- V.K.RAMESAN, ASSISTANT PROFESSOR IN VOCAL, R.L.V.COLLEGE OF MUSIC AND FINE ARTS, THRIPUNITHURA. BY ADV. SRI.V.K.SATHYANATHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. K.S.SREEKUMAR, ASSISTANT PROFESSOR IN VOCAL, S.S.T.COLLEGE OF MUSIC THRIPUNITHURA. R1 & R2 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18110 of 2009-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2009. JUDGMENT The petitioner herein is presently working as Asst. Professor in Vocal in R.L.V. College of Music and Fine Arts, Thripunithura. The next promotion is to the post of Professor in Vocal in terms of the Special rules issued as per G.O.(P) No.23/2008/H.Edn. dated 19.3.2008. 2. Ext.P3 is the seniority list of Asst. Professors published as on 31.3.2009. Therein, the petitioner is serial No.7 and the third respondent is shown as serial No.6. The petitioner has got a grievance that the third respondent is not fully qualified. It is pointed out that there are two vacancies now which have to be filled up in terms of the respective qualifications and eligibility by the Departmental Promotion Committee. 3. The petitioner had been submitting various representations in the matter. By Ext.P7, a representation dated 24.1.2009 was forwarded by the Principal to the Director of Collegiate Education. for appropriate action. 4. Failing to get any positive reply in the matter, the petitioner has again filed Ext.P8 representation which has also been forwarded by the Principal to the Government through Director of Collegiate Education, as wpc 18110/2009 2 per letter dated 16.6.2009. 5. The petitioner has pointed out in Ext.P8 that his immediate senior Shri K.S. Sreekumar did not possess the requisite qualification for promotion to the post of Professor in Vocal at the time of occurrence of the vacancy. He prays that his name may be placed in the Departmental Promotion Committee and include in the list of eligible candidates to be considered for promotion to the post of Professor in Vocal along with that of Smt. M.N. Savithri. 6. It is up to the first respondent to take a decision on Ext.P8 or any other representation filed by the petitioner and which is pending. There will be a direction to the first respondent to take a decision on Ext.P8 as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The petitioner and the third respondent or any other affected party will be heard in the matter before passing appropriate orders as directed above. The petitioner will produce a copy of the writ petition along with a copy of the judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/