IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 17312 of 2011(L) -------------------------- PETITIONER: ----------------- DR.N.VIJAYAKUMAR, ASSISTANT PROFESSOR, ELECTRONICS AND COMMUNICATION ENGINEERING COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM (UNDER ORDERS OF TRANSFER TO GOVERNMENT ENGINEERING COLLEGE, WAYANAD). BY ADV. SRI.K.SASIKUMAR SMT.T.SUDHA DEVI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HIGHER EDUCATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001 3. PRINCIPAL, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM-695 016 4. CHANDNI C.S., ASSISTANT PROFESSOR, ELECTRONICS AND COMMUNICATION ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, WAYANAD. (UNDER ORDERS OF TRANSFER TO COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM)- 673 101. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 17312/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RELEVANT EXTRACT OF THE ORDER DT.27.10.2000 ISSUED BY THE 1ST RESPONDENT PROMOTING AND TRANSFERRING THE PETITIONER FROM COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM TO THE GOVERNMENT ENGINEERING COLLEGE, WYNAD. EXT.P2 : COPY OF THE ORDER DT.28.1.05 ISSUED BY THE 1ST RESPONDENT TRANFERRING THE PETITIONER FROM COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM TO GOVERNMENT ENGINEERING COLLEGE, WYNAD. EXT.P3 : COPY OF THE ORDER DT.28.11.08 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P4 : COPY OF THE CERTIFICATE DT.2.11.11 ISSUED BY THE TAHSILDAR, THIRUVANANTHAPURAM. EXT.P5 : COPY OF THE GO(P)NO.1/2005/P&ARD DT.4.1.05 EXT.P6 : COPY OF THE ORDER DT.24.6.11 ISSUED BY THE 1ST RESPONDENT. EXT.P7 : COPY OF THE REPRESENTATION DT.25.6.11 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17312 Of 2011-L -------------------------------------------------- DATED THIS THE 30TH DAY OF JUNE, 2011 J U D G M E N T The petitioner who is under orders of transfer from the College of Engineering, Thiruvananthapuram to the Government Engineering College, Wynad challenges the said order. 2. In paragraph No.2 of the Writ Petition, the petitioner has averred that the University of Kerala by order dated 28.11.2008 granted the petitioner recognition as Research Guide in the subject Electronics and Communication Engineering considering his status as Ph.D.Degree holder working as Assistant Professor in College of Engineering, Thiruvananthapuram and Exhibit P3 is the copy of the order. Accordingly, he became an approved Research Guide for four faculty members of the College of Engineering, Thiruvananthapuram and one faculty member of T.K.M. College of Engineering, Kollam. It is also stated that under a Government Scheme called Speed IT, where the Government pays stipend to the Research Scholar, one Mr.Azad was alloted to the petitioner to do full time research under his guidance in his area of specialisation. It is also stated that the W.P.(C)No.17312/11 -2- payment of stipend to the Research Scholar is dependent on the petitioner guiding, evaluating and giving the progress report of the Research Scholar every month. Apart from that Government Orders provide consideration for inter caste married persons also. His wife is working as Associate Professor in the Medical Education Department. They are an inter caste married couple. 3. Exhibit P7 is a representation submitted by the petitioner before the Government to reconsider the order of transfer. It is further pointed out that in the Department of Electronics and Communication in the College of Engineering, Thiruvananthapuram, there is already a QIP (Quality Improvement Programme) vacancy of Assistant Professor. The petitioner has suggested in the Writ Petition that the 1st respondent could have shifted the vacancy to the Government Engineering College, Wynad and in that process, the 4th respondent could have been easily accommodated in the said vacancy at College of Engineering, Thiruvananthapuram so that the petitioner need not have been disturbed. 4. It is pointed out by the learned government Pleader that in the College of Engineering, at Wynad, there are three sanctioned posts of Professors and therefore the requirement of the said W.P.(C)No.17312/11 -3- institution was considered. 5. I am not going into the merits of the matter, as Exhibit P5 is still pending. The petitioner has already been relieved also. 6. The learned counsel for the petitioner seeks for a direction to the Government to consider Exhibit P7 representation. 7. There will be a direction to the Government to take a decision on Exhibit P7 representation after notice to the petitioner and any other affected persons within a period of two months from the date of receipt of a copy of this judgment. 8. The learned counsel for the petitioner further prayed that in the meanwhile, the petitioner may be accommodated in the College of Engineering, Thiruvananthapuram in the QIP vacancy of one Dr.Joseph Zachariah. It is a matter for the Government to consider in accordance with the relevant Rules. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. SD/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn