IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 19912 of 2009(H) ---------------------------------------- PETITIONER(S): ----------------------- MRS.SARITHA.V.K.,RESIDING AT THARAYIL HOUSE,THARAYIL JUNCTION, MOOTHAKUNNAM P.O.,ERNAKULAM DISTRICT. BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S): -------------------------- 1. THE PRINCIPAL,S.N.M.TRAINING COLLEGE, MOOTHAKUNNAM,ERNAKULAM DISTRICT 683 516. 2. THE MANAGER,S.N.M.TRAINING COLLEGE, MOOTHAKUNNAM P.O.,ERNAKULAM DISTRICT 683 516. 3. THE MAHATMA GANDHI UNIVERSITY, REP.BY ITS REGISTRAR,M.G.UNIVERSITY, ATHIRAMPUZHA P.O.KOTTAYAM. 4. THE SYNDICATE,REP.BY ITS CHAIRMAN, M.G.UNIVERSITY,ATHIRAMPUZHA,KOTTAYAM. 5. STATE OF KERALA,REP.BY ITS SECRETARY TO HIGHER EDUCATION,SECRETARIAT,TRIVANDRUM. R1 & R2 BY SRI.KRB.KAIMAL, SENIOR ADVOCATE ADV.SRI.B.UNNIKRISHNA KAIMAL SRI.T.ISSAC R3 & R4 BY ADV. SRI. T.A. SHAJI, SC FOR M.G.UNIVERSITY R5 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19912/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPROVAL ORDER OF THE M.G.UNIVERSITY. P2 COPY OF THE NOTICE PUBLISHED IN KERALA KAUMUDI DATED 18/5/2009. P3 COPY OF THE JUDGMENT IN W.P.C.NO.6589 OF 2009 DATED 30/10/2008 P4 COPY OF THE JUDGMENT IN W.A.2153 OF 2008 DATED 4/11/2008. P5 COPY OF THE JUDGMENT OF THE SUPREME COURT OF INDIA IN S.L.P.(CIVIL) NO.28324 OF 2008. P6 COPY OF THE RESPONDENTS READVERTISEMENT DATED 7/5/2009. P7 COPY OF THE PETITION DATED 21/6/2009 OF THE PETITIONER FILED BEFORE THE RESPONDENTS 1 AND 2. P8 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE RESPONDENT 3. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR, J --------------------------------------------- W.P.(C).NO.19912 OF 2009 -------------------------------------------- Dated this the 7th day of February, 2011. JUDGMENT The petitioner approached this Court seeking for a direction to command respondents 3 and 4 to direct respondents 1 and 2 to appoint the petitioner in the vacancy of Lecturer in Education (Physical Science) in pursuant to Ext.P2 notification. 2. The petitioner was once appointed in a leave vacancy of Smt.P.S.Susmitha, with effect from 10-12-2008 to 31-5-2009 and the appointment was approved as per Ext.P1 order. Ext.P2 notification is a notification dated 18-5-2009, inviting applications for the leave vacancy. 3. Petitioner submitted application pursuant to Ext.P2 and there were only four candidates and out of the same the petitioner was the sole qualified hand. It is pointed out that the management did not appoint the petitioner due to extraneous reasons. Hence the petitioner approached this Court, by filing W.P.(C).No.6589 of 2009 which was disposed of by Ext.P3 judgment. The management W.P.(C).NO.19912 OF 2009 2 challenged the same by filing appeal and the writ appeal was disposed of by Ext.P4 judgment directing the management to issue orders within two weeks from the date of the judgment. Ext.P5 is the order passed by the Supreme Court of India in the Special Leave Petition filed against the judgment which shows that SLP was dismissed. Therefore, the learned counsel for the petitioner points out that only to avoid the petitioner being appointed the management is not filling up the vacancy. Therefore she prays that a direction may be issued to appoint her as she was the sole qualified person. 4. Heard the learned counsel for the petitioner and the standing counsel for the University and the learned counsel for the Management. Learned counsel for the management submitted that even though notification was issued that vacancy did not occur and therefore no appointment was made. It is further pointed out that when other permanent or temporary vacancy arises the claim for petitioner will be considered for appointment in terms of the provisions of the statute. The learned counsel for the University submits it is only a dispute between the management and the petitioner. 5. Therefore, since the vacancy notified in Ext.P2, did not arise W.P.(C).NO.19912 OF 2009 3 then the petitioner cannot seek for a direction straight away to appoint the petitioner. When future vacancy arises in the post of Lecturer in Education (Physical Science) the petitioner's claim will be duly considered. No costs. The Writ Petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE pm