IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 33376 of 2008(W) ------------------------------------------- PETITIONER(S): ------------------------- PRINCIPAL,BISHOP MOORE COLLEGE, MAVELIKKARA -690 110. BY ADVS. MR.SANTHOSH MATHEW, MR.SATHISH NINAN. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM . 4. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SMT.T.B.REMANI R4 BY ADV. MR.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33376/2008 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN W.P.NO.16588 OF 2005. EXT.P2: COPY OF ORDER NO.Ac.F1/1/022062/2008 DTD. 15/10/2008 ISSUED BY THE REGISTRAR, COCHIN UNIVERSITY. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PRINCIPAL SECRETARY TO GOVERNMENT ON 16/06/2008. EXT.P4: COPY OF G.O.(MS) NO.63/2008/H.EDN. DTD. 23/06/2008. EXT.P5: COPY OF THE COMMUNICATION SENT BY THE PRINCIPAL SECRETARY ON 16/10/2008 TO THE PETITIONER. EXT.P6: COPY OF THE CONSENT LETTER RECEIVED FROM THE GOVERNMENT NOMINEE DTD. 9/12/2008. EXT.P7: COPY OF THE FORWARDING LETTER DTD. 11/12/2008 SENT BY THE PETITIONER TO THE PRINCIPAL SECRETARY TO GOVERNMENT. EXT.P8: COPY OF G.O.(RT) NO.247/2009/H.EDN. DTD. 24/02/2009. EXT.P9: COPY OF THE REPLY SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.Ravindran, J. ================== W.P.(C) No.33376 of 2008 ===================== Dated this the 11th day of March, 2009. JUDGMENT Heard Sri. Santhosh Mathew, the learned counsel appearing for the petitioner, Smt. T.B. Remani, the learned Government Pleader appearing for respondents 1 to 3 and Sri. M.Rajagopalan Nair, the learned standing counsel appearing for the Kerala University. 2. The petitioner is Principal of Bishop Moore College, Mavelikkara. This Writ Petition was filed aggrieved by the delay on the part of the Government to grant permission to fill up vacancies of teaching and non- teaching posts. After this Writ Petition was filed, the Government issued Ext.P8 order dated 24.2.2009 by which the Government permitted the management of Bishop Moore College, Mavelikkara to fill up two vacancies of Lecturer in Physics including the vacancy sanctioned in G.O. (Rt) No.933/07/ H.Edn. dated 14.5.2007, one vacancy of Lecturer in Zoology, one vacancy of Mechanic and one vacancy of Herbarium keeper subject to the condition that the workload of the courses sanctioned to the college without additional financial commitment will not be taken into account for sanction of posts/filling of vacancies. The Government have in Ext.P8 appointed Sri. T.J.Mathew, I.A.S., Additional Secretary, Personnel & Administrative Reforms Department as Government nominee to the Staff Selection Committee to select the teaching and non- WP(C) 33376/08 -: 2 :- teaching staff. In view of the Ext.P8 which was modified by G.O.(Rt) No.321/2009/H.Edn. dated 7.3.2009, the grievance voiced by the petitioner stands redressed substantially. 3. I accordingly dispose of this Writ Petition with the direction that the nominee appointed by the Government in Ext.P8 shall co-operate with the management of Moore College, Mavelikkara in conducting the interview for the posts sanctioned in Ext.P8. The University of Kerala is also directed to nominate their representative to the Staff Selection Committee. This shall be done by the fourth respondent within one month from the date on which the Principal moves the University in that regard. As regards the request of the petitioner to sanction one post of Lecturer in Chemistry and one post of Lecturer in Economics, which are set out in Ext.P3, I direct the Government to take a decision in the matter within three months from today. The Government shall while taking a decision in the matter have due regard to the views expressed by the University and shall also afford the petitioner a reasonable opportunity of being heard. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess