IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 OP.No. 33086 of 2000(L) ----------------------- PETITIONER: ------------ GEETHA R. W/O.ANILKUMAR, AGED 29 YEARS, PANDIATH HOUSE, NADATHARA P.O., THRISSUR - 680 751. BY ADV. SRI.K.P.DANDAPANI RESPONDENTS: ------------- 1) KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA, THRISSUR, REPRESENTED BY ITS REGISTRAR. 2) THE JOINT REGISTRAR (ADMINISTRATION) KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, THRISSUR. 3) THE DEAN, COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY. 4) THE SPECIAL OFFICER, COLLEGE OF DAIRY SCIENCE & TECHNOLOGY, MANNUTHY. BY ADV. SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY. SMT.P.JAYA, SC, AGRL. UNIVERSITY SRI.RENJITH THAMPAN, SC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.33086/2000/L ORDER ON CMP NOS.56203 & 56058/2000 IN OP NO.33086/2000 DISMISSED Sd/- 6.2.2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF RELEVANT EXTRACT OF THE NOTIFICATION NO.GA/K1/12719/97 DATED 23.1.1999 BY THE 1ST RESPONDENT, REFERRED TO IN THE ORIGINAL PETITION. EXT. P2: COPY OF JUDGMENT DATED 13-10-2000 IN O.P. NO.8473/2000 H OF THIS HONOURABLE COURT. EXT. P3: COPY OF NOTIFICATION NO.GA/K3/39947/99 DATED 24.5.2000 BY THE 1ST RESPONDENT IN MATHRUBHUMI DAILY DATED 29.5.2000. EXT. P4: COPY OF THE LETTER NO.GA/C3/13447/99 DATED 20-11-2000 ISSUED BY KERALA AGRICULTURAL UNIVERSITY. EXT. P5: COPY OF THE LETTER NO.GA/L(3)/28289/98 DATED 27-09-2001 ISSUED BY KERALA AGRICULTURAL UNIVERSITY. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No. 33086 of 2000 (L) ======================= Dated this the 6th day of February, 2008 JUDGMENT Pursuant to notification issued by the Kerala Agricultural University inviting applications for selection to various posts, the petitioner applied for selection to the post of Assistant Professor (Dairy Science). For that post, the petitioner alone was included in the ranked list. However, the petitioner was not appointed. Petitioner approached this Court by filing OP No.8473/2000. At that time, there was a leave vacancy in the post of Assistant Professor(Dairy Science). This Court disposed of the original petition with the following directions in Ext.P2. "1.. To the existing vacancy which is not yet confirmed as a permanent one, the petitioner shall be appointed temporarily, at any rate, within one month from today. 2. The University shall continue to take steps to confirm the vacancy and appropriate orders shall be passed, at any rate, within three months from today. 3. If vacancy is not continued, the petitioner cannot get any substantive right to continue the employment and her services shall be liable for termination." O.P. No. 33086/2000/L -2- 2. Pursuant to the same, petitioner was issued with an appointment order in a leave vacancy. Petitioner did not accept the same. Thereafter, the petitioner filed this original petition seeking the following reliefs: "(i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 1st respondent to appoint the petitioner as Assistant Professor (Dairy Science) in the vacancy of Assistant Professor (Animal Science) at the Communication Centre, Mannuthy or in any other vacancy, forthwith, (ii) such other appropriate writ, order or direction as this Honourable Court may deem fit and proper in the circumstances of the case, and (iii) award costs." 3. The contention of the petitioner is that in so far as he was the only person included in the rank list for appointment to the post of Assistant Professor (Dairy Science), the petitioner should be accommodated atleast in the post of Assistant Professor (Animal Science) for which she is duly qualified and there is a vacancy. 4. The standing counsel for the University would submit that petitioner could not be appointed in the post of Assistant Professor (Dairy Science) pursuant to the selection because the selection was made to an anticipated vacancy, which did not O.P. No. 33086/2000/L -3- materialise. As far as the present prayer of the petitioner is concerned, the standing counsel would contend that a person selected for the post of Assistant Professor (Dairy Science) cannot be appointed in the vacancy of Assistant Professor (Animal Science). 5. I have considered the rival contention in detail. Now the petitioner also do not seriously dispute the fact that there was no vacancy of Assistant Professor (Dairy Science), which can be filled up by appointing the petitioner. The only contention now pressed before me is that now that the petitioner has been selected to the post of Assistant Professor (Dairy Science), she can be accommodated in the vacancy for Assistant Professor (Animal Science) which is available at Communication Centre at Mannuthy for which she is duly qualified. I do not think that such a relief can be granted to the petitioner. It is not as if the petitioner is the only available candidate seeking appointment to the post of Assistant Professor (Animal Science). There may be many other candidates who are also eligible for seeking appointment to that vacancy. If the petitioner is accommodated in that vacancy pursuant to another selection in which others had O.P. No. 33086/2000/L -4- no opportunity to apply, it would be violation of the rights of those persons under Article 14 and 16 of the Constitution of India. Therefore, the petitioner's contention cannot be accepted in law. Accordingly, the original petition is dismissed. S.SIRI JAGAN, JUDGE jp