IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 19217 of 2008(K) -------------------------- PETITIONER: --------------- SAVIER.J.S., LECTURER IN ELECTRICAL AND ELECTRONICS ENGINEERING, GOVT.ENGINEERING COLLEGE, PAINAVU, IDUKKI. PRESENTLY WORKING AS JOINT COMMISSIONER (COMPUTER), O/O.THE COMMISSIONER OF ENTRANCE EXAMINATION, TRIVANDRUM. BY ADV. SRI.S.RADHAKRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION, GOVT. OF KERALA, TRIVANDRUM. 2. DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, TRIVANDRUM. BY GOVERNMENT PLEADER MR. MOHAMEED T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 19217 OF 2008 K = = = = = = = = = = = = = = = Dated this the 22nd day of October 2008 J U D G M E N T Ext. P2 is a notification issued by the 1st respondent inviting application for the post of Assistant Professor in various disciplines of Engineering including Electrical and Electronics Engineering. Petitioner was one of the candidates applied for the post of Electrical and Electronics Engineering and in Ext. P3 rank list he was included at Sl. No. 10. Candidates upto Sl. No. 9 in the rank list have been appointed. 2. In so far as this writ petition is concerned, the controversy is in relation to one vacancy at the Government Engineering College, Painavu, Idukki District. To that vacancy, Sl. No. 9 in Ext. P3 rank list, Mr. Sreekumar was appointed by Ext. P6, against a deputation vacancy of Dr. Mini K. Idicula, Assistant Professor. However, it is seen that Sreekumar did not join the post as is evident from Ext. P12. He was transferred and posted as Asst. W.P.(C) No. 19217 OF 2008 -2- Professor in Computer Science, Govt. Engineering College, Kannur by Ext. P7. Accordingly, he joined the post at Kannur as ordered in Ext. P7. 3. Petitioner claims that as Sreekumar has not joined the post at the Govt. Engineering College, Painavu, there exists a substantive vacancy and therefore he is liable to be appointed in that vacancy. It is also his contention that though the validity period of the list is not mentioned in Ext. P2, the list should be treated as valid for 2 years, and if that be so, the vacancy having arisen within the currency of the list he is entitled to be appointed. To contend that the list should be valid for 2 years, Ext.P4 is relied on. In support of his contention that the list is valid for 2 years the learned counsel is also referring to Ext. P11 series of rank lists prepared in respect of the posts in other disciplines notified by Ext. P2 and submits that those rank lists were kept valid for 2 years. On this basis, it is argued that there is no reason to keep the validity period of Ext. P3 rank list for a period less than 2 years. 4. The 1st respondent has filed a counter affidavit. In the counter affidavit, it is admitted that Sreekumar was posted at W.P.(C) No. 19217 OF 2008 -3- Painavu against the deputation vacancy of Dr. Mini K. Idikkula. However, it is stated that he was transferred and posted as Asst. Professor in Computer Science, Govt. Engineering College, Kannur. It is stated that there was no shifting of the post and that once a duly qualified person joins the post of Asst. Professor in Govt. Engineering College, Kannur, Sreekumar is liable to return to his parent institution, viz. the Govt. Engineering College, Painavu, Idukki, in the Electrical and Electronics Branch. Therefore, the contention that is advanced in the counter affidavit is that there is no substantive vacancy available in Painavu against which the petitioner can be considered for appointment. 5. Though there is a controversy regarding the the validity period of Ext. P3 select list, that is not the issue that was argued against the petitioner. The question is whether there is a substantive vacancy available against which the petitioner could be considered for posting at Painavu, Idukki. As already noticed, it is the specific contention of the respondents that the transfer and posting of SreeKumar to Kannur is to the post of Asst. Professor in Computer Science, although he was selected and included in Ext. P3 W.P.(C) No. 19217 OF 2008 -4- rank list for the post in the Electrical and Electronics Engineering discipline. According to the respondents he is liable to be returned to the Govt. Engineering College, Painavu, once a duly qualified and selected candidate joins the post of Asst. Professor in Computer Science at Kannur. It is also stated that the selection process in this regard has already been initiated. There is nothing on record to indicate that Sreekumar is not liable to be reverted. If that be so, I must accept the contention of the learned Govt. Pleader that there is no substantive vacancy in Painavu to which the petitioner could be considered. Therefore, in the absence of a substantive vacancy in Painavu, the petitioner cannot claim appointment in the so called vacancy which is not available in Painavu. Writ petition fails and is dismissed. However, it is clarified that in case without reverting Sreekumar to the post available in Painavu if the respondents attempt to fill up the post otherwise, it will be open to the petitioner to claim appointment irrespective of the expiry of the ranked list. ANTONY DOMINIC JUDGE jan/-