IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 5193 of 2007(R) ------------------------------------ PETITIONER(S): --------------------- 1. VINOD KUMAR V., SURABHI, P.O.EZHOME, KOTTAKKEEL, KANNUR DISTRICT. 2. GEORGE KUTTY K.G., KADAKKASSERIYIL HOUSE VEERPAD P.O., KANNUR. 3. SREERAM K.G., KANIYAMPARAMBIL HOUSE, P.O.VAPALASSERY, ERNAKULAM DISTRICT. 4. SABITHA SATHYAN T., SANTHI, NEAR P.H.COLONY, KANNUR - 2. 5. RAJEEV E.M., RAJI NIVAS, KUYILOOR P.O., PADIYOOR, KANNUR DISTRICT. 6. VINOD M., VINOD VIHAR, EDAYAR, P.O. KAYOTH, KANNUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR. 3. THE SYNDICATE OF KANNUR UNIVERSITY REPRESENTED BY VICE CHANCELLOR, KANNUR UNIVERSITY, KANNUR. GOVERNMENT PLEADER SRI.T.T.MOHAMMED FOR R1 ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 5193/2007-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION INVITING APLICATION TO THE POST OF ASSISTANT GRADE-II. EXT.P2: COPY OF THE RANK LIST DATED 20/02/2004 PUBLISHED FOR APPOINTMENT TO THE POST OF ASST. GRADE-II. EXT.P3: COPY OF THE MEMO DATED 22/12/2004 ISSUED BY THE SECOND RESPONDENT TO THE FRST PETITIONER. EXT.P4: COPY OF THE COMMUNICATION DATED 17/01/2007 SEEKING CONCURRENCE FOR THE CREATION OF 144 POSTS OF ASST. GRADE-II. EXT.P5: COPY OF THE REPRESENTATION DATED 24/01/2007 SUBMITTED TO MINISTER. EXT.P6: COPY OF THE JUDGMENT DATED 11/06/2004 IN W.P.(C). NO. 32507/03 OF THIS HONOURABLE COURT. EXT.P7: COPY OF THE REQUEST DATED 02/06/2008. EXT.P8: COPY OF THE NOTE DATED 30/08/2008 ISSUED BY 2ND RESPONDENT. EXT.P9: COPY OF THE CIRCULAR DATED 26/09/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 5193 OF 2007 R = = = = = = = = = = = = = = = Dated this the 30th day of October 2008 J U D G M E N T The respondent University prepared a ranked list for the post of Assistant Grade II. Ext. P2 is the ranked list which came into force from 20.2.2004 and was valid for a period of 3 years and the list expired on 19.2.2007. Petitioners were also included in the ranked list, but for want of vacancies they were not offered appointment. However, contending that a proposal made by the University seeking sanction of the Government for creation of 144 posts was pending before the Government, this writ petition was filed by the petitioners on 14.2.2007, praying that they shall be appointed to the posts, for creation of which approval was awaited. 2. On facts, it is seen that the proposal of the University was considered and the Government accorded sanction for the creation of 45 posts by order dated 26.5.2008. Thus, it is obvious that the sanction for the creation of the 45 posts was accorded by the W.P.(C) No. 5193 OF 20087 -2- Government, long after the expiry of Ext. P2 list on 19.2.2007. If that be so, petitioners cannot claim that they should be appointed as Assistant Grade II, to any one of the vacancies consequent on the sanction accorded by the Government on 26.5.2008, on the basis of their inclusion in Ext. P2 ranked list which expired way back on 19.2.2007. The learned counsel for the petitioners contended that it was because vacancies had arisen prior to 19.2.2007, that sanction was sought and ultimately granted for creation of 45 posts. Therefore, according to him, since vacancies arose during the currency of the list, appointment should be made from Ext. P2 list. This argument in my view is without any substance for the reason, that vacancies can be said to have arisen only after posts are created. This happened only after the list has expired and therefore vacancies, if any, could have arisen only thereafter. In view of this, the writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-