IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WA.No. 557 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23964/2003 Dated 07/02/2008 .................... APPELLANT: 5TH RESPONDENT -------------------------------------------- DR.P.P.BALAKRISHNAN, PROFESSOR, ANIMAL REPRODUCTION, FACULTY OF VETERINARY & ANIMAL SCIENCES, NOW WORKING AS ASSOCIATE DEAN, FACULTY OF VETERINARY & ANIMAL SCIENCES, COLLEGE OF VETERINARY & ANIMAL SCIENCES, POOKOTE, WAYANAD. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) DR.K.P.KYLASANATHA PILLAY SMT.SREEDEVI KYLASANATH RESPONDENTS: PETITIONERS/RESPONDENTS ---------------------------------------------------------------- 1. DR.E.NANU, PROFESSOR, DEAN IN-CHARGE OF FACULTY OF VETERINARY & ANIMAL SCIENCES, DEPARTMENT OF VETERINARY PUBLIC HEALTH, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY, THRISSUR. 2. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KERALA AGRICULTURAL UNIVERSITY P.O., VELLANIKKARA, THRISSUR DIST. 3. VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR. 4. SRI.P.P.GEORGE M.L.A, MEMBER, SELECTION COMMITTEE FOR SELECTION TO THE POST OF DEAN (VETERINARY), DEPARTMENT OF VETERINARY PUBLIC HEALTH, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY, THRISSUR. 5. THE EXECUTIVE COMMITTEE OF KERALA, AGRICULTURAL UNIVERSITY REPRESENTED BY ITS CHAIRMAN, EXECUTIVE COMMITTEE, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY, THRISSUR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.A.No.557 of 2008 ----------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT Koshy, J. Appellant and first respondent are now working as Associate Dean and Dean-in-Charge respectively in the Faculty of Veterinary and Animal Sciences in the Kerala Agricultural University. Selection and appointment were effected in view of Exhibit P6 notification. The selection process was delayed not because of the fault of the first respondent. In the selection process, the appellant was selected as No.3. The person who was selected as No.1 has already retired and thereafter first respondent(rank No.2) who was No.2 was appointed as Professor. Thereafter, in the next vacancy appellant was also appointed as Professor. The main contention raised is that as mentioned by the Executive Committee, after retirement of the person who was selected as No.1, no one, including the appellant should have been appointed. Secondly it was contended that the Executive Committee's decision was not quashed. Earlier also first respondent in the appeal was compelled to approach this Court and he was dragged in appeal upto the Supreme Court. The notification W.A.557/08 2 was published in 2001. Merely because selection was delayed, first respondent's appointment cannot be quashed. In any event, admittedly, in the process the appellant was No.3 and first respondent, who was No.2 was eligible for promotion on the due date, before appellant. First candidates has retired. The appointment and selection process were done in accordance with law. In the above circumstances, the judgment of the learned Single Judge that the first respondent was eligible for the appointment in the first vacancy cannot be faulted and we agree with the reasoning of the learned Single Judge. Therefore, we are not reiterating the reasons. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.