IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23053 of 2011(F) -------------------------- PETITIONER(S): --------------- DR. NISHA.A, ALEPTTIYIL HOUSE, VADAKKETHARA, PAZHAYANNOOR.P.O, THRISSUR DISTRICT. BY ADV. SRI.BINOY VASUDEVAN SRI.R.MANIKANTAN SMT.P.G.BABITHA RESPONDENT(S): --------------- 1. THE COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM BOARD OFFICE, THRISSUR - 680 001. 2. THE CORPORATE MANAGEMENT OF SREE KERALA VARMA COLLEGE, REPRESENTED BY ITS MANAGER, THRISSUR- 680 001. 3. THE UNIVERITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, CALICUT UNIVERSITY.P.O, MALAPPURAM DISTRICT - 673 635. 4. SARATHCHANDRAN A. DIVAKARAN, ETTUPARAYIL HOUSE, AMICHAKARY.P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 571. 5. M.C.S. MENON, PRESIDENT, COCHIN DEVASWOM BOARD, THRISSUR - 680 001. 6. K. KUTTAPPAN, MEMBER, COCHIN DEVASWOM BOARD, THRISSUR - 680 001. WP(C).No. 23053 of 2011(F) 7. K. SUGUNAN, ADDITIONAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 8. K.V. MOHANAN, PROFESOR AND HEAD OF DEPARTMENT, DEPARTMENT OF BOTANY, UNIVERSITY OF CALICUT, THENHIPALAM.P.O, MALAPPURAM - 673 635. 9. K.P. SUDHA, PRINCIPAL, SREE KERALA VARMA COLLEGE, THRISSUR - 680 001. ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS FOR R3 SRI.C.E.UNNIKRISHNAN,SC,COCHIN DEV.BOARD FOR R1 SMT.RADHIKA , SC, CDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, ALONG WITH WPC 23055/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23053 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 29/02/2010 EXT.P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY CONCERNED. EXT.P3 TRUE COPY OF THE STATEMENT OF MARKS OBTAINED BY THE PETITIONER IN THE POST GRADUATE EXAMINATION EXT.P4 TRUE COPY OF THE CERTIFICATE FOR POST GRADUATION. EXT.P5 TRUE COPY OF THE M.PHIL DEGREE WITH A GRADE AND THE COPY OF THE CERTIFICATE. EXT.P6 TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED TO HER BY THE UNIVERSITY. EXT.P7 TRUE COPY OF THE RANK LIST. EXT.P8 TRUE COPY OF THE LETTER INFORMATION ABOUT THE MEMBERS OF THE INTERVIEW BOARD. EXT.P9 TRUE COPY OF THE TABULATION SHEET. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.23053/2011-F & 23055/2011-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29 th day of August, 2011 J U D G M E N T In both these writ petitions, the petitioners are seeking to challenge the Selection procedure including the publication of the ranked list. 2. The petitioner in W.P.(C).No.23053/2011 applied to the post of Assistant Professor (Botony) in the third respondent-College. She is presently working as Assistant Professor in the Devaswom Board College at Thalayolaparamba. It is submitted that various steps taken by the Selection Committee cannot be justified. The petitioner has given the details of the same in paras.6, 7 and 8 of the writ petition. 3. In W.P.(C).No.23055/2011 also, identical prayers have been made and selection to the post of Assistant Professor (Philosophy) is under challenge therein. 4. Heard the learned counsel for the petitioners, the learned Standing Counsel for the University, the learned counsel appearing for the Devaswom Board and W.P.(C). No.23053/2011 & 23055/2011 -:2:- the learned counsel appearing for some of the contesting respondents. 5. Learned counsel appearing for the petitioners submitted that since the selection procedure itself is vitiated, as can be easily seen from facts pleaded and the documents produced, the writ petitions are maintainable before this Court. 6. Learned Standing Counsel for the University submitted that the appointments are yet to be approved by the University. 7. In the light of the above, the petitioners can raise their grievances before the University in writing, and the same will be considered after notice to all the parties, before any decision is taken by the University, with regard to the proposal for grant of approval of the appointments made. Such objections will be submitted along with a certified copy of the Judgment within two weeks from the date of receipt of a copy of this Judgment. All the contentions raised by the petitioners and the contesting respondents will be W.P.(C). No.23053/2011 & 23055/2011 -:3:- gone into by the University. The writ petitions are accordingly, disposed of. Sd/- (T.R. Ramachandran Nair, Judge.) ms