IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 37033 of 2008(H) -------------------------- PETITIONER(S): --------------- 1. VIRIL VARGHESE, MANAGER, S.E.S COLLEGE, SREEKANDAPURAM. 2. DR. A.M.MURALEEDHARAN PRINCIPAL, S.E.S COLLEGE, SREEKANDAPURAM. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DY. DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE. 4. THE KANNUR UNIVERSITY MENGATTUPARAMBA, REPRESENTED BY ITS REGISTRAR ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R4 GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.37033 of 2008 --------------------------------------------- Dated this the 2nd January, 2009 JUDGMENT Petitioners are the Manager and Principal respectively of S.E.S. College, Sreekandapuram. It is stated that on retirement of two lecturers of history department on 31.3.2008 and 31.5.2007, a request was made to respondents 1 and 2 to permit the petitioners to fill up the two retirement vacancies. Exts. P1 and P2 are the representations submitted by the Principal in this regard. In Ext.P2, it was requested to issue the list of Government nominee to be deputed for constituting the selection committee for filling up the vacancy in the department of history. 2. The grievance of petitioners is that selection committee is not constituted since the Government nominee is not deputed. The reliefs prayed for in the writ petition are the following: (a) Issue a writ in the nature of mandamus or such other appropriate writ, order or direction commanding respondents 1 and 2 to consider and pass orders on WP(C) No.37033/2008 2 Exts.P1 and P2 forthwith after hearing the petitioners. (b) Issue a direction to the first respondent to furnish the list of Government nominee to be deputed for constituting the selection committee for filling up of the vacancy in the department of history at S.E.S. College, Sreekandapuram. (c) Pass such other or direction which this Honourable court would deem just and proper in the facts and circumstances of the case. 3. Heard learned counsel for petitioners as well as learned Government Pleader. Learned Government Pleader stated that petitioners have to submit original consent letter of the proposed nominee before the Government and only thereafter, the Government nominee would be deputed. Learned Government Pleader also submits that urgent action will be taken after receipt of the said consent letter. In the facts and circumstance of this case, the writ petition is disposed of directing the first respondent to depute the Government nominee at the earliest after receipt of the consent WP(C) No.37033/2008 3 letter as above said. Petitioners shall produce the consent letter of the nominee to be deputed at the earliest. The Government shall pass orders within a period of one month from the date of receipt of the consent letter. K.T.SANKARAN, JUDGE csl