IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 22535 of 2008(G) PETITIONER: E.K. GOVINDA VARMA RAJA, LECTURER, CENTRE FOR FORKLORE STUDIES, VADAKARA. BY ADV. SMT.SHAHANA KARTHIKEYAN SRI.V.ARUN RESPONDENTS: 1. UNIVERSITY OF CALICUT, REPRESENTED BY THE REGISTRAR, P.O. CALICUT UNIVERSITY. 2. VICE CHANCELLOR, CALICUT UNIVERSITY.P.O. 3. SYNDICATE OF THE CALICUT UNIVERSITY BY VICE CHANCELLOR, CALICUT UNIVERSITY.P.O. STANDING COUNSEL FOR CALICUT UNIVERSITY SRI.P.C.SASIDHARAN GOVERNMENT PLEADER SRI.K.K.RAVEENDRANATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.22535 of 2008 G -------------------------------------- Dated this the 6th day of August, 2008. J U D G M E N T The Calicut University has a Centre for Folklore Studies. It is a separate department. It is stated that initially it was under the Department of Malayalam. The Reader of the Malayalam Department was appointed as the Co-ordinator of the new Department. 2. The petitioner states that applications were invited for the post of Lecturer in the Centre for Folklore Studies on deputation from among the Lecturers of the affiliated colleges. The petitioner while working in the Department of Malayalam in Zamorin's Guruvayoorappan College applied for the post of Lecturer on deputation. An interview was held and the petitioner was provisionally appointed as the Lecturer in the Centre for Folklore Studies, as per Ext.P1 order of appointment. The appointment was on deputation provisionally for a period of one year. It is stated that the Government accorded sanction for deputation, as per order dated 30.3.2001. As per Ext.P2 order dated 10.8.2001, the University accorded sanction to appoint the petitioner as Lecturer on deputation basis for a period of one year with effect from 10.4.2001. The petitioner applied for extension of the deputation for a further period of three years from 10.4.2002 to enable him to continue in the post of Lecturer in the WP(C) No.22535/2008 2 Centre for Folklore Studies. A no objection certificate was issued by the Educational Agency of Zamorin's College for extension of the deputation. It is stated that the Registrar of the University of Calicut also made a request to the Government for extension of the period of deputation of the petitioner. However, the Government rejected the proposal for extension of the period of deputation. 3. It is stated by the petitioner that he made a request to the University to absorb him in the permanent Lecturer's post in the Centre for Folklore Studies. Ext.P3 letter dated 22.4.2002 issued by the Head of the Centre for Folklore Studies is relied on by the petitioner wherein a request has been made to the Vice Chancellor to take necessary steps to appoint the petitioner in the permanent post of Lecturer. 4. The petitioner states that considering the recommendation of the Head of the Centre for Folklore Studies and exercising the emergency powers of the Syndicate, the Vice Chancellor has accorded sanction for continuation of the petitioner and for appointing him as Lecturer in the Centre for Folklore Studies with effect from 10.4.2001. Ext.P4 order dated 25.4.2002 was passed by the Registrar of the University of Calicut in this regard. It is stated that the petitioner has been receiving only the basic minimum salary ever since he was appointed. He has not received the benefit of Provident Fund and other service benefits. It is stated that at the meeting of the Syndicate held on 11th and 12th December, 2002, the Vice Chancellor was authorised to examine and consider the question of regularization of the WP(C) No.22535/2008 3 appointment of the petitioner as Lecturer. The matter is to be considered by the Syndicate. It is stated in the Writ Petition that the matter was pending before the Syndicate and the Vice Chancellor and the petitioner were making requests to take a decision on the question of his appointment. It is also stated that the Registrar has placed the matter again before the Syndicate on 29.3.2008. However, the Syndicate in its meeting held on 22.5.2008 resolved to defer the item for a detailed study. Ext.P6 is the minutes of the meeting of the Syndicate. Though the Syndicate has met on 13.6.2008, 21.6.2008 and 19.7.2008, the petitioner complains that the Syndicate has not taken any decision in the matter. 5. The reliefs prayed for in the Writ Petition are the following:- “i) to direct the Syndicate of the Calicut University to consider and approve the appointment of the petitioner as Lecturer in the permanent vacancy in Centre for Folklore Studies with effect from 10.4.01 with consequential benefits after fixing salary in the UGC Scales. ii) to direct the University to declare the probation of the petitioner as Lecturer, Centre for Folklore Studies, Vadakara, WP(C) No.22535/2008 4 iii) to issue any other writ direction or order which may be found just and necessary in the circumstances of the case.” 6. After having heard the learned counsel for the petitioner and learned counsel appearing for the respondents, I am of the view that the Writ Petition can be disposed of as follows:- (i) The Syndicate shall consider and dispose of the question of appointment of the petitioner as Lecturer in the permanent vacancy in the Centre for Folklore Studies, as expeditiously as possible and at any rate within a period of three months. (ii) In view of the above direction, the petitioner does not press the other reliefs, for the time being. (iii) All other questions are left open. K.T. SANKARAN, JUDGE. cks