IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 3673 of 2008(K) ------------------------------------ PETITIONER(S): ---------------------- DR.SUDHAKARAN K.M LECTURER IN POLITICAL SCIENCE SREE SANKARA VIDYAPEETOM COLLEGE, VALAYANCHIRANGARA PO., PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.A.A.ABUL HASSAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION CENTRAL ZONE, M.C.R.V. HOSTEL BUILDING HOSPITAL ROAD, ERNAKULAM, KOCHI-11. 4. MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS, ATHIRAMPUZHA KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 5. MANAGER, SSV COLLEGE, VALAYANCHIRANGARA PO, PERUMBAVOOR, PIN 683 556. GOVERNMENT PLEADER SRI.T.T.MOHAMOOD FOR R1 TO R3 ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 3673/2008-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADVERTISEMENT APPEARED IN NEW INDIAN EXPRESS DAILY DATED 28/03/2004. EXT.P2: COPY OF THE JUDGMENT IN W.P.(C). NO. 23580/2004 DATED 11/08/2004 PASSED BY THIS HONOURABLE COURT. EXT.P3: COPY OF THE MINUTES OF THE SELECTION COMMITTEE DATED 28/01/2005. EXT.P4: COPY OF THE APPOINTMENT ORDER DATED 16/02/2005 OF THE PETITIONER. EXT.P5: COPY OF THE JOINING REPORT DATED 16/02/2005 OF THE PETITIONER. EXT.P6: COPY OF THE LETTER DATED 06/02/2006 ISSUED BY THE 4TH RESPONDENT. EXT.P7: COPY OF THE JUDGMENT IN W.P.(C). NO. 12109/06 DATED 17/01/2007 PASSED BY THIS HONOURABLE COURT. EXT.P8: COPY OF THE JUDGMENT DATED 05/10/2007 IN W.P.(C). NO. 26974/2007 OF THIS HONOURABLE COURT. EXT.P9: COPY OF THE STAFF FIXATION ORDER DATED 20/12/1999 IN RESPECT OF THE COLLEGE FOR THE ACADEMIC YEAR 1998-99. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.3673/2008 ----------------------------------------------------------- Dated this the 3rd day of December, 2008 JUDGMENT Ext.P4 is an order issued by the 5th respondent appointing the petitioner as Lecturer in Political Science in a retirement vacancy, with effect from 16.2.2004. Approval of the University was sought for and that was rejected by Ext.P6, on the ground that the Government sanction ought to have been obtained in view of the amendment to the provisions contained in Section 59(1) of the M.G University Act, 1985. It is challenging Ext.P6, the writ petition has been filed. 2. As already noticed, the appointment was in a retirement vacancy, which proves the fact that the post was a sanctioned post. In respect of a vacancy arising in a sanctioned post, the provisions contained in Section 59(1) is WP(c).No.3673/08 2 inapplicable. If that be so, the rejection in Ext.P6 is unjustified. For that reason, Ext.P6 stands set aside. The 4th respondent shall reconsider the request of the 5th respondent for the approval of the appointment of the petitioner effected as per Ext.P4 order, as expeditiously as possible and at any rate within 2 months from the date of production of a copy of the judgment and with notice to the petitioner and the 5th respondent. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.3673/08 3