IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 11336 of 2009(J) -------------------------- PETITIONER: --------------- BIMAL LAZER, PHYSICAL EDUCATION INSTRUCTOR, GOVT.POLY TECHNIC, CHERTHALA. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI SRI.M.R.ANISON RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION,GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. DPC FOR PROMOTION TO THE POST OF LECTURER IN PHYSICAL EDUCATION,REP. BY ITS CHAIRMAN SECRETARY TO HIGHER EDUCATION DEPARTMENT GOVT.SECRETARIAT, TRIVANDRUM. SMT. T.B. REMANI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, ALONG WITH WPC NO. 17060 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the 9order declaring his probation in the Physical Education Instructor post dated 21.3.2009 Ext.P2: True copy of the minutes of the meeting of the DPC held on 6.8.2008 Ext.P3: True copy of the representation dated 26.3.2009 by the petitioner befoe the 2nd respondent. Ext.P4: True copy of the rank list for the post of Lecturer in Physical Education prepared and published by the PSC brought into force w.e.f.17.4.2007. /True copy/ P.A. To Judge T.R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.11336 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2009 J U D G M E N T The writ petition is filed by the petitioner to consider his name for promotion to the post of Lecturer in Physical Education in Higher Education Department as posts are lying vacant since 1.4.2009. 2. The petitioner is a Post Graduate having a Doctorate in Physical Education. He is also having P.G. Diploma in Course Management. He entered in service as a Physical Education Teacher on 25.9.1996. He was promoted to the post of Physical Education Instructor in Govt. Polytechnic on 13.12.2007. He has successfully completed probation in the post of Physical Education Instructor w.e.f. 12.12.2008. 3. The post of Physical Education Lecturer is a selection post, and has to be filled up after consideration by the Departmental Promotion Committee. It is pointed out that the DPC, which met on 6.8.2008 did not consider his name mainly for the reason that he has not completed probation on that date. 4. It is submitted that the petitioner is the senior most eligible person for promotion to the post of Physical Education WPC.No.11336 OF 2009 : 2 : Lecturer which are arising in 2009. The petitioner, in these circumstances, has approached this court seeking for issuance of appropriate orders in the matter. It is pointed out that the rank list Ext.P4 is being taken to fill up the available vacancies. The learned Govt. Pleader, on instructions submits that the petitioner is the senior most person in the Physical Education Department. Steps are being taken to convene the DPC. It is prayed that reasonable time may be granted for convening of the DPC. The delay occurred only because of the fact that PSC will have to communicate their concurrence for the date for holding the meeting of the DPC. The writ petition is therefore disposed of with the direction that the proceedings of the DPC will be finalised within a period of two months. No costs. ( T.R. RAMACHANDRAN NAIR, JUDGE) jma