IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 11674 of 2006(M) -------------------------- PETITIONER(S): --------------- DR.V.WILSANAND, LECTURER IN ZOOLOGY, SREE NARAYANA COLLEGE, ALATHUR, ERATTAKULAM, PALAKKAD-678 682. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM, REPRESENTED BY ITS REGISTRAR. 2. THE ACADEMIC COUNCIL, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM, REPRESENTED BY ITS CHAIRMAN, THE VICE CHANCELLOR. 3. THE UNIVERSITY GRANTS COMMISSION, BAHADURSHAH ZAFAR MARG, NEW DELHI-100 002, REPRESENTED BY ITS SECRETARY. 4. THE MANAGER, SREE NARAYANA TRUST & COLLEGES, KOLLAM-691 001. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. R1 & R2 BY ADV.SRI.E.S.ASHRAF, SC, CALICUT UNIVERSITY R3 BY ADVS. SRI.BOBBY MATHEW, CGC SRI.S.KRISHNAMOORTHY R4 BY ADVS. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN R5 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 11674 of 2006(M) -------------------------------- APPENDIX ------------ PETITIONER'S EXHIBITS ----------------------------- EXT.P1. COPY OF B.SC. DEGREE CERTIFICATE OF THE PETITIONER EXT.P2. COPY OF M.SC. (LIFE SCIENCE) CERTIFICATE OF THE PETITIONER. EXT.P3. COPY OF RANK CERTIFICATE ISSUED BY UTKAL UNIVERSITY EXT.P4. COPY OF PH.D. DEGREE CERTIFICATE OF THE PETITIONER ISSUED BY UTKAL UNIVERSITY. EXT.P5. COPY OF NOTIFICATION PUBLISHED BY THE 4TH RESPONDENT IN 2004. EXT.P6. COPY OF APPOINTMENT ORDER DATED 22.11.2004 ISSUED TO THE PETITIONER. EXT.P7. COPY OF JOINING REPORT OF THE PETITIONER DATED 6.12.2004 EXT.P8. COPY OF CERTIFICATE DATED 27.12.2004 ISSUED BY THE 1ST RESPONDENT. EXT.P9. COPY OF ORDER (OFFICE MEMORANDUM) NO.14019/4/79-ESTT (D). DATED 5TH MAY, 1979 ISSUED BY THE GOVT. OF INDIA . EXT.P10. COPY OF COMMUNICATION DATED 19.8.2005 ISSUED BY THE 1ST RESPONDENT TO THE PRINCIPAL. EXT.P11. COPY OF COMMUNICATION DATED 26.10.2005 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P12. COPY OF LETTER DATED 25.11.2005 ISSUED BY THE UTKAL UNIVERSITY TO THE 1ST RESPONDET. EXT.P12(A). COPY OF COURSE OF STUDIES FOR M.SC. LIFE SCIENCE AND OHER RELEVANT PARTICULARS SENT BY THE UTKAL UNIVERSITY. EXT.P13. COPY OF ORDER DATED 17.3.1997 ISSUED BY THE 1ST RESPONDENT. WP(C).No. 11674 of 2006(M) -------------------------------------- EXT.P14. COPY OF ORDER DATED 11.8.2005 ISSUED BY THE 1ST RESPONDENT. EXT.P15. COPY OF JUDGEMENT DATED 21ST DECEMBER, 2005 IN WP(C) NO.34035 OF 2005 OF THIS HON. COURT. EXT.P16. COPY OF COMMUNICATION NO.GA11/A2/939 A/2005 DATED 5.4.2006 ISSUED BY THE 1ST RESPONDENT EXT.P17. COPY OF THE PRINT OUT DOWN LOADED FROM WEB SITE OF THE KERALA UNIVERSITY EVIDENCING THAT M.SC. IIFE SCIENCE IS EQUIVALENT TO M.SC. ZOOLOGY EXT.P18. COPY OF THE ORDER DATED 10.8.2010 ISSUD BY THE UNIVERSITY OF CALICUT. RESPONDENT'S XHIBITS : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11674/2006-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of November, 2011 J U D G M E N T This writ petition is filed by the petitioner aggrieved by Ext.P16 communication issued by the University to the Principal of the College whereby it was informed that the proposal for approval of the petitioner as Lecturer in Zoology in Sree Narayana College, Alathur cannot be considered. 2. During the pendency of the writ petition, the University has passed an order as per Ext.P18 produced along with I.A.No.5201/2011. The said order shows that the proposal forwarded by the college for approval of appointment of the petitioner with effect from 06/12/2004 has been approved. The vacancy arose due to the transfer of one Smt.S.B.Sreejaya, Lecturer to T.K.M.M. College, Nangiarkulangara. 3. Heard the learned counsel for the petitioner, learned Government Pleader, the learned Standing Counsel for the University and the learned Standing Counsel for the University Grants Commission also. W.P.(C). No.11674/2006 -:2:- 4. Learned counsel for the petitioner submits that in the light of Ext.P18 order, the writ petition can be disposed of directing disbursement of salary from 06/12/2004 to July 2010 as the petitioner is being disbursed salary from August 2010 onwards. 5. In that view of the matter, it is clear that the challenge against Ext.P16 has become academic as the University has already approved the appointment as per order dated 10/08/2010. 6. The writ petition is thus allowed. There will be a direction to the fifth respondent to counter sign the salary bills of the petitioner, if already forwarded by the Principal, and disburse the arrears from 06/12/2004 to July 2010 within a period of two months from the date of receipt of a copy of this Judgment. If the salary bills have not been forwarded already, the fourth respondent will take steps in the matter for forwarding the same. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms