IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 16632 of 2011(D) -------------------------- PETITIONER(S): ---------------------- VINOD K, ASSISTANT ENGINEER, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O. MANGATTU PARAMBA, KANNUR DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ------------------------ KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR UNIVERSITY CAMPUS P.O., MANGATTUPARAMBA, KANNUR DISTRICT - 670 121. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 16632 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE REPRESENTATION DATED 18.3.2009 SUBMITTED BY THE PETITIONER BEFORE THE UNIVERSITY EXT.P2:- COPY OF THE REPRESENTATION DATED 10.5.2010 SUBMITTED BY THE PETITIONER BEFORE THE UNIVERSITY EXT.P3:- COPY OF THE REPRESENTATION DATED 4.9.2010 SUBMITTED BY THE PETITIONER BEFORE THE UNIVERSITY EXT.P4:- COPY OF THE REPRESENTATION DATED 9.5.2011 SUBMITTED BY THE PETITIONER BEFORE THE UNIVERSITY EXT.P5:- COPY OF THE CIRCULAR NO.AD.A3/2240/2011 DATED 13.6.2011 OF THE UNIVERSITY RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16632 OF 2011 --------------------------------------- Dated this the 22nd day of June, 2011. J U D G M E N T The petitioner herein is working as Assistant Engineer in the Kannur University. Aggrieved by the walk in interview proposed by the University for the selection of Assistant Executive Engineer, this writ petition is filed by the petitioner. It is pointed out that the petitioner is eligible to be appointed by way of recruitment by transfer. 2. Learned Standing Counsel for the University produced before me for perusal the communication of the Registrar of the University conveying the details of the action taken by them. It is stated that the post namely, Assistant Executive Engineer has not been sanctioned by the Government and the petitioner is not eligible to be appointed as Assistant Executive Engineer because he does not possess the qualifications as per the resolution of the Syndicate. It is also stated that the interview scheduled for 21.06.2011 was postponed and the University does not intend to W.P.(C) No.16632/2011 2 hold the interview for the time being. 3. Evidently, sanction from the Government has not been obtained for creating a post of Assistant Executive Engineer. With regard to the qualification, learned counsel for the petitioner submitted that the required qualification is only as provided in the Ordinance whereas the learned Standing Counsel for the University submitted that the qualification prescribed by the Syndicate in its resolution dated 16.04.2010 is required. I am not entering any findings on the above aspects. If, at any future point of time, sanction is obtained by the University, it will make appointments to the said post in accordance with law. In case of any future disputes, it will be open to the petitioner to avail of appropriate remedies. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp