IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 17467 of 2009(C) -------------------------------- PETITIONER: -------------- ST.PIUS X COLLEGE, RAJAPURAM.PO, KASARAGOD-671 532,REPRESENTED BY ITS MANAGER. BY MR.BABY ISSAC ILLICKAL, ADVOCATE. MR.ISAAC KURUVILLA ILLIKAL, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. KANNUR UNIVERSITY,REPRESENTED BY ITS REGISTRAR,KANNUR. 5. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, CALICUT. BY MR.M.SASEENDRAN, SC, KANNUR UNIVERSITY FOR R4. MR. T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17467 OF 2009 --------------------------------------- Dated this the 3rd day of August, 2009. J U D G M E N T The petitioner is the Manager of St.Pius X College, Rajapuram in Kasaragod District. The main prayer in the writ petition is for a direction to the respondents 1 and 4 to nominate their representative for constituting the selection committee for selecting teaching staff for appointment in various departments in the college. 2. The vacancies to which the petitioner has proposed to make appointments are in the departments of Physics, Microbiology and Economics and altogether there are three vacancies. Exhibit P1 is the copy of the advertisement published in the newspaper. It is pointed out that in Physics, the substantive vacancy arose consequent on the resignation of Smt.Seenamol K.Stephen with effect from 17.12.2007. In the Microbiology department, the substantive vacancy arose due to the resignation of Dr.Denoj Sebastian with effect from W.P.(C) No.17467/2009 2 17.12.2007. In the Economics department, the vacancy is anticipatory. 3. The Principal namely, Fr.Dr.Jose P.K. is due to retire from service on 31.03.2010 and he is on leave now. Presently, Dr.C.K.Lukose, H.O.D, Economics who is the senior most teacher has been functioning as Principal in charge and it is proposed to appoint him as Principal with effect from 01.04.2010 consequent on the retirement of the Principal. 4. Exhibit P2 shows the details of workload and Exhibit P3 is a letter forwarded to the Government earlier on 26.03.2008 seeking for nominating a senior officer for participating in the interview. Presently, the petitioner has filed Exhibit P5 before the Government. Exhibit P6 is the consent letter given by the Additional Secretary to Government namely, Sri.C.U.Baby to be a nominee for the interview. There will be a direction to the first respondent to take a decision on Exhibit P5 within a period of two weeks from the date of receipt of a copy of this judgment. The University will also, in the meanwhile, take appropriate action in the matter. Learned W.P.(C) No.17467/2009 3 Government Pleader submitted that the appointment of the nominee shall not be treated as a consent in the matter of existence of the vacancies. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp