IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 29360 of 2011(T) ------------------------------------ PETITIONER : --------------------- MANJU.B., ASST.PROFESSOR IN ELECTRICAL & ELECTRONICS ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, THRISSUR. BY ADV. DR.PAULY MATHEW MURICKEN RESPONDENTS : ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 01. 2. DIRECTOR OF TECHNICAL EDUCATION THIRUVANANTHAPURAM - 01. 3. PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, THRISSUR - 680 001. R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI. JOE KALLIATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 29360 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF THE ORDER NO.EA4/52910/93 DATED 05/05/99 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2: COPY OF THE ORDER NO.EA4/23457/2000 DATED 07/06/03 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3: COPY OF THE ORDER NO.EA4/35175/03 DTD.26/02/04 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4: COPY OF THE RELEVANT EXTRACT OF THE FINAL GRADATION LIST OF LECTURERS IN ENGINEERING COLLEGES. EXHIBIT P5: COPY OF THE G.O.(RT)NO.755/09/H.EDN. DATED 04/06/2009 OF THE 1ST RESPONDENT. EXHIBIT P6: COPY OF THE G.O.(RT.)NO.842/09/H.EDN. DTD.19/06/09 OF THE 1ST RESPONDENT. EXHIBIT P7: COPY OF THE PROCEEDINGS BEARING NO.EA1/5886/09/DTE DATED 19/06/2009 OF THE 2ND RESPONDENT. EXHIBIT P8: COPY OF THE G.O.(RT)NO.1308/09/H.END. DTD.18/08/2009 OF THE 1ST RESPONDENT. EXHIBIT P9: COPY OF G.O.(RT)NO.2091/10/H.EDN. DATED 29/10/2010 OF THE 1ST RESPONDENT. EXHIBIT P10: COPY OF THE REPRESENTATION DATED 10/11/2010 OF THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT. EXHIBIT P11: COPY OF THE PROCEEDINGS DATED 13/12/2010 OF THE 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT CONTAINING THE ENDORSEMENT FROM THE 2ND RESPONDENT. EXHIBIT P12: COPY OF THE COMMON JUDGMENT DATED 06/10/09 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO. 31862/2008 AND OTHER CONNECTED CASES. EXHIBIT P13: COPY OF THE G.O.(P)NO.389/10/H.EDN. DATED 07/12/2010 OF THE 1ST RESPONDENT. EXHIBIT P14: COPY OF THE NOTIFICATION DATED 05/03/2010 ISSUED BY THE AICTE, NEW DELHI. DSV/- WP(C).No. 29360 of 2011(T) EXHIBIT P15: COPY OF THE REPRESENTATION DATED 26/10/11 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION, GOVT.OF KERALA. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 29360 of 2011-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2011. JUDGMENT The petitioner is working as Lecturer in Electrical & Electronics Engineering, Government Engineering College, Thrissur. The main prayer in the writ petition is for a direction to the first respondent to issue orders promoting the petitioner as Assistant Professor in Electrical & Electronics Engineering in the existing vacancies and also grant her on such promotion the redesignation as Associate Professor as per Ext.P13. It is the case of the petitioner that even though she was appointed as a lecturer, as per Ext.P13 Government Order dated 7.12.2010 the said post is redesignated as Assistant Professor. The petitioner has completed more than 12 years of service in the teaching post and she is the seniormost Lecturer awaiting further promotion in the next arising vacancy. It is pointed out in the writ petition that at present four vacancies are existing and Ext.P9 is produced in support of the same. The petitioner has produced Ext.P8 order by which three incumbents from the Department of Electrical and Electronics Engineering continuing as Lecturers, along with some others were promoted to the post of Assistant Professor. Thus, it is pointed out that the wpc 29360/2011 2 petitioner is the senior claimant eligible to be promoted as Assistant Professor in the next arising vacancy and entitled to be redesignated as Associate Professor. 2. It is pointed out that the judgment of this Court, Ext.P12 actually considered the unconstitutionality of Rule 6A of the Special Rules for Kerala Technical Education Service (Amendment) 2004 and a declaration has also been made y this Court to that effect. But it will not apply in the case of the petitioner. It is pointed out that the petitioner seeks promotion in terms of the AICTE norms and Special Rules. It is also submitted that the pendency of the writ appeal therefore will not be a bar for considering the claim of the petitioner. 3. Heard learned Government Pleader, who also invited my attention to the findings in Ext.P12 judgment as well as the relevant norms. Exts.P10 is the first representations submitted by the petitioner before the first respondent seeking for grant of reliefs. Ext.P15 is the subsequent representation addressed to the Hon'ble Minister for Education. 4. It is upto the first respondent to take a decision in accordance with the relevant rules as well as the AICTE norms and in tune with the qualification of the petitioner. An appropriate decision will be taken and communicated to the petitioner within a period of two months from the date wpc 29360/2011 3 of receipt of a copy of this judgment, with notice to the petitioner and after affording an opportunity of hearing. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/