IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 24222 of 2010(C) PETITIONER: --------------- SAPNA MARIA GOMEZ, "SHUBA", T/C 12/31, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: --------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM-695 001. 2. ALL SAINT'S COLLEGE, REPRESENTED BY ITS MANAGER, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R2 BY ADV.SRI.LAL GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF PROCEEDINGS OF THE SELECTION COMMITTEE OF THE KERALA UNIVERSITY ALONG WITH A COVERING LETTER DATED 6.5.2010. EXT.P2 TRUE COPY OF REPRESENTATION DATED NIL SENT BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF COMMUNICATION NO.AC F III/2/33277/2010 DATED 17.6.2010 BY THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF REPRESENTATION DATED 13.7.2010 SENT BY THE PETITIONER TO FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 24222 OF 2010 C ------------------------------------------------------ Dated this the 8th day of October, 2010 JUDGMENT The petitioner applied to the post of Lecturer in English in All Saints' College, Thiruvananthapuram. The Staff Selection Committee met on 10.10.2009 and a select list was prepared, as evidenced by Ext.P1. It is stated that in the three vacancies, Lecturers were appointed from the list. On 31.3.2010, two vacancies arose on account of retirement of two Lecturers. According to the petitioner, those two vacancies are to be filled up from Ext.P1 select list. If two persons are appointed, according to the petitioner, she will get appointment. The petitioner filed Ext.P2 representation to the Registrar, University of Kerala, stating that the two vacancies, which arose after Ext.P1, should be filled up from Ext.P1 list. The University forwarded Ext.P2 representation to the second respondent to take necessary action. The petitioner also submitted Ext.P4 representation dated 13.7.2010 to the Pro-Vice Chancellor of the University of Kerala. W.P.(C) NO.24222 OF 2010 :: 2 :: 2. The reliefs prayed for in the Writ Petition are the following: “(i) To issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to immediately fill up the available vacancy of Lecturer in English in the 2nd respondent college forthwith and at any rate, before the expiry of the rank list, Ext.P1, as otherwise, the valuable rights of the petitioner will be defeated; (ii) To declare that the denial of appointment to the petitioner by the respondents, is violative of Articles 14, 16 and 21 of the Constitution of India; (iii) To issue such other Writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 3. A counter affidavit is filed by the second respondent, in which, it is stated as follows: “III. It is submitted that among other vacancies in other subjects, three vacancies occurred in the English Department in the All Saints College during the academic year starting from 1st June 2009. Pursuant to the common notification dated 24.6.09 issued in that W.P.(C) NO.24222 OF 2010 :: 3 :: regard, several candidates applied. Interview of the qualified hands were conducted on 10.10.09 and final selection list was published on the same day, strictly following the provisions contained in Kerala University (Conditions of Service of teachers and members of non- teaching staff) First Statutes, 1979. A select list containing six candidates in the open merit and four candidates in the community merit were prepared. Accordingly, three candidates were appointed from the said select list prepared, strictly following the University Regulations. IV. According to the petitioner, two more vacancies in the English Department arose on 31.3.10, and she is entitled to be appointed against any one of the said vacancies. It is submitted that this respondent has not initiated any fresh selection process to fill up those vacancies, as claimed by the petitioner. In this context, it may be noticed that the selection committee is constituted for one academic year and for making selection and appointment to the vacancies subsequently arose, after obtaining concurrence of the University, fresh selection committee has to be constituted. Moreover, if fresh selection process is initiated and selection is made on that basis, the newly passed out candidates, who are having better qualification can also compete for selection. In that W.P.(C) NO.24222 OF 2010 :: 4 :: event, the petitioner can also apply and compete for selection. As per statute 3 of Chapter 2 of Kerala University (Conditions of Service of teachers and members of non-teaching staff) First Statutes, 1979, before making appointment, the posts shall be advertised in two English and Malayalam dailies giving a minimum period of 30 days for the aspirants to apply. This provision makes it clear that before making any fresh appointment, notifications as well as publication of the posts is mandatory. There is no express provision in the Kerala University Ordinance or First Statute making it mandatory that the appointment to the subsequent vacancies should made from the selection list once prepared. In fact, Ext.P1 select list was meant for the posts advertised as per notification dated 24.6.09.” 4. The learned counsel appearing for the second respondent submitted that the Government issued G.O.(Rt) No.878/2009/H.Edn. dated 24.6.2009, according sanction to fill up three vacancies of English Lecturers in the College. This is not disputed by the petitioner. Since the Government granted sanction only for filling up three vacancies and Ext.P1 select list was prepared on the basis of the same, the petitioner cannot make any claim that vacancies which arose subsequently should be filled up by appointing persons from W.P.(C) NO.24222 OF 2010 :: 5 :: Ext.P1 list. The claim put forward by the petitioner is unsustainable. Therefore, the reliefs prayed for in the Writ Petition cannot be granted. Accordingly, the Writ Petition is dismissed. (K.T.SANKARAN) Judge ahz/