IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 OP.No. 29474 of 1999(H) ----------------------- PETITIONERS: ------------ 1. GEORGE JOSEPH, S/O. VARGHESE JOSEPH, AGED 27 YEARS, ETHIRETTU, CHAMPAKULAM P.O., ALAPPUZHA. 2. VIJI THOMAS, ARACKAL HOUSE, THURUTHY P.O., CHANGANACHERRY. 3. P.M. LILLYKUITTY, KATTUKUNNEL HOUSE, KOODALLOOR. 4. SR. ROSAMMA JOSEPH, HOLY QUEEN'S CONVENT, CHANGANACHERRY. 5. SR. T.A.CELINE, ST.MATHEW'S PROVINCIAL HOUSE, PAREL, KURISUMMOODU, CHANGANACHERRY. 6. T.S. BABY, THAKADIYIL, THURUTHY, CHANGANACHERRY. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE SECRETARY TOP GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATIN, TRIVANDRUM. 3. THE MANAGER, ASSUMPTION COLLEGE, CHANGANACHERRY. BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.50174 OF 1999 IN OP.NO.29474 OF 1999-H DISMISSED 6.2.2008. SD/= P.N. RAVINDRAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF THE ORDER NO.ESTT.E3.9342/98/COLL.EDN. OF R2 DTD 21.4.98. EXT.P2 COPYOF THE ORDER NO.ESTT.E3/35906/91(II) N.DIS.COLL.EDN. OF THE DIRECTOR OF COLLEGIATE EDN. TRIVANDRUM DTD .1.92. EXT.P3 COPY OF THE LIST OF NON-TEACHING STAFF AOF R3. EXT.P4 COPY OF THE GOVT. CIRCULAR NO.11899/B1/97/H.EDN. OF THE GOVT. EXT.P5 COPY OF THE ORDER NO.11899/B1/97/H.EDN OF THE EMPOWERED COMMITTEE. EXT.P6 COPY OF THE G.O.(MS) NO.B5/98/H.EDN. OF THE GOVERNMENT. EXT.P7 COPY OF THE CIRCULAR NO.ESTT.D4-47276/97/COLL.EDN. OF R2. /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.29474 OF 1999-H -------------------------------------------------------------- Dated this the 6th day of February, 2008. JUDGMENT In the original petition filed on 24.11.1999, the petitioners have prayed for the following reliefs: a. “issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to appoint the petitioners as Last Grade Servants in Assumption College, Changanacherry as against the available vacancies. b. declare that the non-extension of the benefit of re-appointment to teaching staff of Private Colleges as claim holders granted vide Exhibit P5 to claim holders in non-teaching staff of Private Colleges is illegal and violative of Articles 14 and 16 of the Constitution of India.” 2 After hearing the learned counsel appearing for the petitioners and the learned Government Pleader appearing for respondents 1 and 2, I am satisfied that a positive direction to appoint the petitioners as last grade servants in the third respondent's college cannot be issued. Appointments to aided private colleges can be made only depending upon the availability of vacancies. No material has been made available before me to hold that the OP.No.29474/99 . 2 vacancies against which the petitioners can be appointed, exist in the third respondent's college. Further the original petition was filed as early as on 24.11.1999. If at all vacancies have arisen thereafter, they would also have been filled up. In my considered opinion, the reliefs prayed for by the petitioners cannot be granted in this proceedings. The original petition accordingly fails and it is dismissed. No costs. P.N. RAVINDRAN, JUDGE. cl OP.No.29474/99 . 3 P.N. RAVINDRAN, J. O.P.NO.29474 OF 1999-H JUDGMENT 6th February, 2008.