IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 13833 of 2007(V) ----------------------------------------- PETITIONER: ------------------- THE MANAGER, FATIMA MATA NATIONAL COLLEGE, KOLLAM. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 4. KERALA UNIVERSITY, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. R4 BY ADV. SRI.M.RAJAGOPALAN NAIR R1 TO R3 BY GOVERNMENT PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13833/2007 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STATEMENT FOR RE-ASSESSMENT OF WORKLOAD ISSUED BY THE ADDL.DIRECTOR OF COLLEGIATE EDUCATION. EXT.P2: COPY OF THE ORDER NO.E1/49344/2005/COLL EDN DTD. 28/12/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE STATEMENT SHOWING THE VACANCY POSITION OF PETITIONER'S COLLEGE AS ON DATE. EXT.P4: COPY OF THE LETTER DTD. 12/03/2007 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P5: COPY OF THE G.O.(MS) NO.95/2006/H.EDN. DTD. 10/08/2006 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DTD. 14/11/2006 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION. EXT.P7: COPY OF THE REPRESENTATION SUBMITTED BY THE STUDENTS OF THE PETITIONER COLLEGE BEFORE THE HON'BLE MINISTER FOR EDUCATION. EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE STUDENTS OF THE PETITIONER COLLEGE BEFORE THE HON'BLE MINISTER FOR EDUCATION. EXT.P9: COPY OF THE JUDGMENT DTD. 12/01/2007 IN WP(C) NO.30126/2006 OF THIS HONOURABLE COURT. EXT.P10: COPY OF THE LETTER DTD. 16/05/2007 SENT BY THE PETITIONER TO THE 1ST RESPONDENT.(I.A.NO.10065/2007) EXT.P10: COPY OF THE LETTER NO.B1/18/07 DTD. 5/12/2007 SUBMITTED BY THE PETITIONER. (I.A.NO.16655/2007) EXT.P11: COPY OF THE LETTER DTD. 16/05/2007 SENT BY THE PETITIONER TO SRI.D.SOLOMON, JOINT SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM. EXT.P12: COPY OF THE LETTER DTD. 21/06/2007 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P13: COPY OF THE LETTER DTD. 18/07/2007 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. 1ST RESPONDENT'S EXHIBIT: EXT.R1(A): COPY OF THE STAFF FIXATION PROPOSAL WHICH WAS PREPARED BY THE DIRECTOR OF COLLEGIATE EDUCATION. /TRUE COPY/ Kss P.A.TO JUDGE S.SIRI JAGAN, J. ====================== W.P.(C).No.13833 of 2007 ====================== Dated this the 3rd day of January, 2008 J U D G M E N T This writ petition is filed by the petitioner who is the manager of an aided college, challenging the action of the Government in issuing Ext.P5 refusing to nominate their representative for taking part in the selection committee proceedings for selection of candidates for appointment to various posts in the petitioner's college. As per Ext.P5, University was also advised not to nominate their representative to the selection committee. On 15.11.2007 considering the fact that in the counter affidavit filed by the 1st respondent certain vacancies were admitted to be existing, I had passed the following interim order. This writ petition relates to appointment of candidates to various vacancies available in the petitioner's College to which selection has already been made with nominees of the Government and University on the selection committee, who were nominated pursuant to interim orders from this Court. The petitioner now submits that in the counter affidavit the respondents have submitted that there are vacancies to which appointments can be made. Therefore, in this I.A. the petitioner seeks permission to fill up the vacancies which have been submitted to respondents 1 and 2 in their counter affidavit. I have heard the 2 learned Government Pleader. The learned Government Pleader opposes the prayer made by the petitioner on the ground that the matter has been placed before the Government and Government has to take a final decision in the matter. After admitting that there are vacancies the Government cannot take a stand that the posts can be filled up only after they give sanction. Therefore, I am satisfied that the petitioner can be permitted to make appointments to the said vacancies in the College of petitioner which are admitted in the counter affidavit. The petitioner may make appointments and forward the same for approval which shall be considered by the competent among the respondents in accordance with law, and orders passed thereon within one month from the date of receipt of the appointment orders.” 2. Now the petitioner submits that in respect of the balance vacancies he has filed Ext.P10 representation before the 4th respondent and prays that the writ petition may be disposed of making the order dated 15.11.2007 absolute and directing the 4th respondent to consider and pass appropriate orders on Ext.P10 representation expeditiously. 3. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the University. 4. During hearing in respect of vacancies admitted by the 1st respondent himself nothing has been brought out to take a different view from the interim order dated 3 15.11.2007. Therefore, the interim order dated 15.11.2007 is made absolute and the writ petition is disposed of in terms of that order with a further direction to the 4th respondent to consider and pass appropriate orders on Ext.P10, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE