IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 20050 of 2008(J) -------------------------- PETITIONER(S): --------------- DR.BINUMOL TOM, W/O.ROJI THOMAS, 36 YEARS B2 QUARTERS. GOVT.ENGINEERING COLLEGE CAMPUS, THRISSUR-9 BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 2. DIRECTOR OF TECHNICAL EDUCATION GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 3. DR.SALEEM.A., SHAHDARA, POTHENCOODE, THIRUVANANTHAPURAM R1 & R2 BY SMT.M.R. SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF NOTIFICATION DT.20.11.2004 EXT.P2-TRUE COPY OF ORDER DATED 15.7.2006 EXT.P3-TRUE COPY OF ORDER DATED 10.10.2005 EXT.P4-TRUE COPY OF REPRESENTATION DT.12.6.1008 EXT.P5-TRUE COPY OF ADDITIONAL REPRESENTATION DT.30.6.2008 EXT.P6-TRUE COPY OF ORDER DATED 27.5.2003 EXT.P7-TRUE COPY OF ORDER DATED 3.7.2008 // TRUE COPY// P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20050 of 2008-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2011. JUDGMENT The petitioner has approached this Court challenging Ext.P7 order, whereby he was ordered to be reverted from the post of Assistant Professor as Lecturer in Architecture in the existing vacancy. This was ordered for allowing the third respondent who was on deputation to Clean Kerala Mission, to rejoin the parent department on termination of the deputation. 2. It is the case of the petitioner that she was selected and appointed as Assistant Professor pursuant to a selection process. It is pointed out that as a direct recruit, there is no power for the respondents to revert her to a lower post. Reliance is placed on the decision of the Apex Court in Hussain Sasan Saheeb Kaladgi v. State of Maharashtra {(1988) 4 SCC 168}. 3. This Court had passed an interim order while admitting the writ petition and the interim order is in force. 4. Learned counsel for the petitioner and learned Govt. Pleader submitted that the third respondent has already been promoted as Professor in Govt. Engineering College, Thrissur on 4.6.2009 by G.O.(Rt) wpc 20050/2008 2 No.755/2009. It is also submitted that during the period of the interim order, the third respondent was adjusted in Q.I.P. vacancy. 5. In the above view of the matter, as things now stand as the third respondent has been promoted, the question of reversion of the petitioner does not arise. Since the petitioner was recruited as an Assistant Professor, she cannot be reverted in the manner as done in the impugned order. The Apex Court in Hussain Sasan Saheeb Kaladgi's case {(1988) 4 SCC 168}, held that “a direct recruit to a post, it cannot be gainsaid, cannot be reverted to a lower post. It is only a promotee who can be reverted from the promotion post to the lower post from which he was promoted. These propositions are so elementary that the same are incapable of being disputed and have not been disputed.” For all these reasons, the writ petition is allowed. The impugned order is quashed. The consequential benefits, if any, due to the petitioner will be disbursed accordingly. No costs. (T.R. Ramachandran Nair, Judge.) kav/