IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 34214 of 2009(V) ---------------------------------------- PETITIONER(S): ----------------------- THE FAROOK COLLEGE MANAGING COMMITTEE, FAROOK COLLEGE.P.O,FEROKE,KOZHIKODE DISTRICT, REPRESENTED BY ITS MANAGER, SRI.M.MOHAMMED. BY ADV. MR.A.A.ABUL HASSAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE,NEAR HEAD POST OFFICE,KOZHIKODE. 4. UNIVERSITY OF CALICUT,THENHIPALAM, CALICUT UNIVERSITY.P.O,REPRESENTED BY ITS REGISTRAR. R1 TO R3 BY GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34214 of 2009-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2009. JUDGMENT The petitioner is Ferook College Managing Committee, represented by its Manager. The main prayer in the writ petition is for a direction to respondents 1 and 4 to nominate their representatives to the Selection Committee/direct their nominees to participate in the Selection Committee meeting for selecting and appointing lecturers in various departments in their college as indicated in Exts.P3 and P4. We are concerned with the departments of Statistics, Commerce, Zoology, Physics, Arabic, Hindi, Psychology and Physical Eduction. 2. The petitioner published notifications in Mathrubhumi and Chandrika dailies dated 6.6.2009 and the New Indian Express and The Hindu dated 9.6.2009 calling for applications from eligible candidates and several applications have been received. What remains is the constitution of the Selection committee in accordance with the provisions of the Act and the First Statute. The petitioner has submitted Ext.P3 application before the Government seeking to accord sanction to nominate the Additional Secretary to Government, Finance Department as Government nominee in wpc 34214/2009 2 the Selection Committee. By Ext.P4, the University has been addressed to send a panel of University experts in the above subjects for choosing members to the Selection Committee. 3. Heard learned Govt. Pleader for the first respondent. Learned Govt. Pleader submitted that the petitioner will have to make available the consent of the proposed nominee. The Government has also called for a report of the concerned Deputy Director regarding the work load. I am of the view that the said process need not detain the petitioner from conducting the selection. 4. Therefore, the writ petition is disposed of with the following directions: The first respondent will send their nominee to take part in the selection committee as proposed in Ext.P3 by the petitioner, if the petitioner produces the consent of the said nominee along with a copy of the judgment before the first respondent. The University is also directed to send the list of experts as sought for in Ext.P4 for enabling the petitioner to complete the selection process. Appropriate action will be taken by respondents 1 and 4 within one month from the date of receipt of a copy of this judgment. It is made clear that the direction as above, will not be understood as a decision on the merits of the number of vacancies available and other related wpc 34214/2009 3 matters. These aspects will be considered at the time of approval by the University. No costs. (T.R. Ramachandran Nair, Judge.) kav/