IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WA.No. 1348 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.10583/2007 Dated 08/01/2008 .................... APPELLANTS/ RESPONDENTS IN THE WP ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, P.M.G.JUNCTION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.SANDESH RAJA RESPONDENTS: PETITIONER IN THE WP --------------------------------------------------------- 1. THE MANAGER OF COLLEGES, DIOCESS OF KOTHAMANGALAM, BISHOP'S HOUSE, KOTHAMANGALAM. 2. JINESH JOSEPH, MECHANIC(TECHNICAL STAFF) NEWMAN'S COLLEGE, THODUPUZHA. BY ADV. SRI.BABU VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 1348 of 2008 --------------------------------------- Dated this the 2nd day of July, 2008 Judgment Koshy,J. The first petitioner is the manager of Newman College, Thodupuzha. Second petitioner was appointed with effect from 7.1.2002 on contract basis as a non-teaching staff (mechanic). Thereafter, his appointment was approved by the second respondent. A selection committee was constituted for regular appointment and the present first appellant who was the first respondent in the writ petition nominated its representative to take part in the selection process along with other members of the selection committee and selected the second petitioner. He was appointed by Ext.P4 order. Appointment order was sent for approval. Approval was not originally granted as staff pattern was not fixed. Thereafter, by Ext.P8 staff pattern was revised and there was one post of mechanic, but, that was not approved because there were 42 excess posts which are in the supernumerary posts and only after 42 excess posts are absorbed in the regular service, W.A. No. 1348/2008 2 other regular appointment can be made in view of Ext.R2 (a). The learned Judge noticed that as per the staff pattern fixed, there is a post of mechanic and there was no other mechanic working in the college. A mechanic is necessary especially when that post requires technical expertise as there are Physics and Chemistry laboratories in the college. Merely because there are other supernumerary posts existing, the post of mechanic cannot be kept vacant. Second petitioner has passed pre-degree and I.T.I. and three years' experience as mechanic in a Government approved workshop and fully qualified to be appointed as a mechanic as per Statute 44 of Part C of Chapter 45 of the Mahatma Gandhi University Statutes, 1997 and learned Judge also noticed that Ext.R2 (a) cannot govern the situation in so far as it is only a Government order and the field is occupied by the Statute. The post of mechanic has to be filled up as provided under the Statute and it cannot be kept vacant and nobody else in the supernumerary non-teaching staff can be asked to do the work of the mechanic in view of lack of qualification as a mechanic. Merely because there are supernumerary posts existing -- not as mechanic -- this post cannot be kept vacant especially when there is a need in the college as accepted in the staff fixation order made by the appellant. The learned Judge has given sufficient and W.A. No. 1348/2008 3 valid reasons in the impugned judgment for directing the respondents to approve the appointment of the second petitioner. We see no ground to interfere in the impugned judgment. Appeal dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A. No. 1348/2008 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. 1348 of 2008 ------------------------------------- Judgment Dated:2nd July, 2008