IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 37696 of 2010(J) --------------------------------- PETITIONER(S): ------------------- K.P.BALACHANDRAN,S/O.K.P.THAMPI,AGED 53 YEARS R/AT SOORYA, MATHIL BHAGOM,THIRUVALLA, NOW WORKING AS SELECTIN GRADE LECTURER AT DEVASWOM BOARD,PAMPA COLLEGE, PARUMALA. BY ADVS. SRI.K.B.PRADEEP SMT.N.G.SINDHU RESPONDENT(S): --------------------- 1. TRAVANCORE DEVASWOM BOARD,REP.BY ITS SECRETARY,NANTHANCOD, THIRUVANANTHAPURAM 695 001. 2. MAHATMA GANDHI UNIVERSITY,REP.BY ITS REGISTRAR,PRIYADARSINI HILLS, KOTTAYAM 691 001. 3. UNIVERSITY OF KERALA, REP.BY ITS REGISTRAR,PALAYAM,THIRUVANANTHAPURAM 695 011. 4. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,THIRUVANANTHAPURAM-695 022. 5. DR.K.MOHANKUMAR,READER IN POLITICS, DB COLLEGE,SASTHAMCOTTA 690521. 6. D.RAJAMOHAN,LECTURER,SELECTION GRADE IN MATHEMATICS,DB,PAMBA COLLEGE, PARUMALA 689 620. 7. DR.D.RADHAKRISHNA PILLAI,LECTURER, SELECTION GRADE IN ECONOMICS, DB COLLEGE,SASTHAMCOTTA 690521. svs ............2/-... ...2... WPC. NO.37696/2010 * ADDL. R8 IMPLEADED 8. SRI.P.P. CHANDRASEKHARA PILLAI, ASSOCIASTE PROFESSOR, DEPARTMENT OF STATISTICS, DEVASWOM BOARD COLLEGE, THALAYOLAPARAMBU, KOTTAYAM * ADDL. R8 IS IMPLEADED AS PER ORDER DATED 16/08/2011 IN I.A. NO.8139/2011. R1 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB R3 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R5-6 BY ADVS. SRI.LIJU.V.STEPHEN SRI.EBY AUGUSTINE SMT.INDU SUSAN JACOB R7 BY ADVS. SRI.V.SURESH SRI.G.SUDHEER R8 BY ADV. SRI.T.S.RAJASENAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 37696/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 24/04/2004. P2: COPY OF THE JUDGMENT DATED 29/09/2005 IN WPC. NO.482/2003 P3: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 07/10/2005. P4: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 01/03/2006. P5: COPY OF THE REPRESENTATION DATED 11/02/2009 SUBMITTED BY THE PETITIONER TO THE PRESIDENT OF THE 1ST RESPONDENT. P6: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 02/05/2009. P7: COPY OF THE COMMON ORDER DATED 11/11/2010 PASSED BY THE MAHATMA GANDHI UNIVERSITY APPELLATE TRIBUNAL. P8: COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 29/03/2011. P9: COPY OF THE WILLINGNESS LIST DATED 20/01/2009 PREPARED BY THE PRINCIPAL. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37696 of 2010-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of August, 2011. JUDGMENT The petitioner herein is now working as Selection Grade Lecturer in Devaswom Board Pamba College, Parumala. The main challenge in the writ petition is against Exts.P6, P7 and P8 orders. The petitioner seeks for a declaration that he is entitled to be appointed against the first vacancy of Principal at Devaswom Board Pamba College, Parumala, or at Devaswom Board College, Sasthamcotta or at Sree Ayyappa College, Eramellikkara, arisen in the year 2009. 2. Ext.P6 is the order by which respondents 5 to 7 were promoted as Principals in the different Colleges. Ext.P7 is the order passed by the M.G. University Appellate Tribunal, Thiruvananthapuram in Appeal Nos.7, 8 and 9 of 2009. The petitioner was the appellant in Appeal No.7/2009. 3. Ext.P8 which is a communication issued to the petitioner after his claim was considered, in the light of the interim order passed by this Court. The vacancy therein arose on 1.4.2011. Learned counsel for the petitioner submitted that the challenge against Ext.P7 made by certain other persons, has already been considered by this Court in the judgment in W.P.(C) wpc 37696/2010 2 No.15405/2009 and the method of selection was interfered with and there is a direction to the first respondent Board to appoint Principals in terms of the respective University Acts on the basis of seniority cum fitness. Therein there is a direction to complete the process within a period of three months. It is pointed out that now the matter is pending in appeal before the Division Bench. 4. Evidently, the Tribunal did not go into the question raised in the appeals, since the appointment was yet to be approved by the University and the remedy of the parties was left open. But in view of the judgment in W.P.(C) No.15405/2009 the petitioner need not approach the Tribunal again, since now the selection stands set aside by this Court. 5. Learned Standing Counsel for the Board also submitted that the matter is governed by the judgment in W.P.(C) No.15405/2009 but subject to the decision to be taken by the Division Bench in the appeal pending before it. 6. Since Ext.P6 has already been quashed in the judgment in W.P.(C) No.15405/2009, the same directions will govern this case also. In that view of the matter, it has become academic to consider the challenge against Ext.P7. What remains is Ext.P8 communication. Therein, the Board informed the petitioner that he cannot bank upon the select list of the year wpc 37696/2010 3 2002 and as far as the select list for the year 2009 is concerned, he is not selected also. His seniority cum fitness was not assessed at that point of time. 7. Therefore, the claim of the petitioner will depend upon the fate of the appeal from the judgment in W.P.(C) No.15405/2009 and any selection process initiated by the first respondent for the vacancy which has arisen in April 2009. Ext.P8 will not stand in the way of the petitioner submitting any application if a fresh notification is issued for filling up of any of the vacancies in case it is permitted by the Division Bench in the appeal from the judgment in W.P.(C) No.15405/2009. It is made clear that the petitioner can participate if any fresh selection process is initiated in terms of the judgment of this Court in the above case. The writ petition is disposed of as above. No costs (T.R. Ramachandran Nair, Judge.) kav/