IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 28368 of 2009(M) -------------------------- PETITIONER(S): ---------------------- SANTHOSH KUMAR, AGED 35, S/O.KRISHNAN NAIR, PLAVILA PUTHEN VEEDU, MARAYAMUTTOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. (TRADES MAN IN TURNER, SREE CHITHIRATHIRUNAL COLLEGE OF ENGINEERING) BY ADVS. MR.R.T.PRADEEP MR.V.VIJULAL RESPONDENT(S): ----------------------- 1. SREE CHITHIRA THIRUNAL COLLEGE OF ENGINEERING, (THIRUVANANTHAPURAM) SOCIETY, REP.BY ITS CHAIRMAN, SREE CHITHIRA THIRUNAL COLLEGE OF ENGINEERING, PAPPANAMCODE, THIRUVANANTHAPURAM. 2. PRINCIPAL, SREE CHITHIRA THIRUNAL COLLEGE OF ENGINEERING, PAPPANAMCODE, THIRUVANANTHAPURAM. 3. PRAMOD M.R., PRASANTH BHAVAN, THEKKADA, VEMPAYAM P.O., THIRUVANANTHAPURAM - 695 615. 4. RAHUL KUMAR S., VALUVILA VEEDU, KULATHOOR, UCHAKADA P.O., THIRUVANANTHAPURAM - 695 506. R1 & R2 BY MR.ELVIN PETER P.J., STANDING COUNSEL. R3 BY MR.G.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.28368 of 2009 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the order of appointment dated 1.2.2007. Ext.P2 :- Copy of order of extension dated 22.4.2009. Ext.P3 :- Copy of representation dated 10.12.2008. Ext.P4 :- Copy of Employment Notice dated 11.11.2008. Ext.P5 :- Copy of Rank list of Tradesman in Turner published on 1.10.2009. Ext.P6 :- Copy of the representation dated 22.2.2010. Respondent's Exhibits :- Ext.R1(a) :- Copy of the Minutes of the 38th meeting of the Board of Governors of the Sree Chitra Thirunal College of Engg. //True Copy// P.A. To Judge S. SIRI JAGAN, J ---------------------- W.P.(C.) No.28368 of 2009 --------------------------------- Dated this the 18th day of March 2010 J U D G M E N T The petitioner aspires for appointment in the 1st respondent Society. According to the petitioner he has been included in the ranklist prepared for the post of Turner. But on the ground that communal rotation is applicable, he is not being appointed, is his grievance. The petitioner submits that, since the Society is being not a State as defined in Article 12 of the Constitution of India, communal rotation principles are not applicable to the appointment in the 1st respondent Society. However, for the present, the petitioner would be satisfied with a direction to the 1st respondent to consider and pass orders on Ext.P6. According to the petitioner, even if communal rotation principles are to be applied, in view of the fact that the 1st rank holder has relinquished his appointment, the petitioner would be entitled to appointment on the basis of his rank in the open merit W.P.(C) No.28368 of 2009 -2- vacancy itself. 2. I have heard the counsel appearing for the 1st respondent also. 3. Having heard both sides, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P6 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Jvt