IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 32300 of 2009(F) ---------------------------------------- PETITIONER(S): -------------------- 1. GOVINDAN NAMBOORY.T.N,ASSISTANT PROFESSOR IN VOCAL,R.L.V.COLLEGE OF MUSIC & FINE ARTS,THRIPOONITHURA,ERNAKULAM DISTRICT. 2. K.R.SATHYANESAN,LECTURER IN VOCAL, R.L.V.COLLEGE OF MUSIC & FINE ARTS, THRIPOONITHURA,ERNAKULAM DISTRICT. 3. R.SWAMINADHAN,LECTURER IN VIOLIN, CHEMBAI MEMORIAL GOVERNMENT MUSIC COLLEGE, PALAKKAD. BY ADV. MR.P.C.SASIDHARAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER),CONSTITUTED FOR PREPARING THE SELECT LIST FOR THE POST OF PROFESSOR AND ASST.PROFESSOR IN THE KERALA COLLEGIATE EDUCATION SERVICE(MUSIC),REP., BY ITS CONVENOR (SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT,SECRETARIAT,TRIVANDRUM). 4. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR,PRIYADARSHIN HILLS, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.32300 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November, 2009. JUDGMENT The petitioners herein are working as Asst. Professor in Vocal, and Lecturer in Vocal in R.L.V. College of Music & Fine Arts, Thripoonithura and Chembai Memorial Government Music College, Palakkad. Their service is under the Department of Collegiate Education (Music). The main prayer in the writ petition is that in the light of the exemption order issued by the Government, the petitioners are entitled to be considered for selection and appointment to higher posts and the insistence of prescribed qualification in terms of the amended special rules, is arbitrary and illegal. There is a further prayer to direct the respondents not to finalise the select list without considering the claims of the petitioners. 2. Going by the averments in the writ petition, a meeting of the Departmental Promotion Committee was convened for preparation of the select list and persons far junior to the petitioners are proposed to be selected solely on the ground that the petitioners do not possess the prescribed qualification in terms of the special rules. It is their contention that when exemption is granted, it should be deemed that they are qualified. wpc 32300/2009 2 3. The petitioners have filed Ext.P9 representation before the Government raising their grievances, by invoking Rule 28(8)(a) of KS & SSR. Learned Govt. Pleader on getting instructions, submitted that Ext.P9 has already been received. Therefore, there will be a direction to the first respondent to take a decision on Ext.P9 before approving the select list. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/