IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH APRIL 2007 / 20TH CHAITHRA 1929 WP(C).No. 9767 of 2005(K) ------------------------- PETITIONER: ------------ 1. T.M. ABDUL HAZEEZ, LECTURER IN VIOLIN, RLV COLLEGE OF MUSIC & FINE ARTS, TRIPUNITHURA, RESIDING AT III A 12/72 NGO QUARTERS, KAKKANADU. 2. R. SWAMINATHAN, LECTURER IN VIOLIN, CHEMBAI MEMORIAL GOVERNMENT MUSIC COLLEGE, PALAKKAD-1, RESIDING AT LATHANGI, 2/130, NEW KALPATHY, PALAKKAD-3. BY ADV. SRI.N.DHARMADAN (SR.) SRI.ARUN.B.VARGHESE SRI.T.P.DEYANANTHAN SMT.SREEDEVI KYLASANATH DR.K.P.KYLASANATHA PILLAY RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM-33. 3. C.K. VENKITARAMAN, LECTURER IN VIOLIN CHEMBAI MEMORIAL GOVT.MUSIC COLLEGE, PALAKKAD. 4. R. HARIKRISHNAN, LECTURER IN VIOLIN, SST COLLEGE OF MUSIC, THIRUVANANTHAPURAM. R1 & R2 BY SHRI P.A. SALIM, GOVERNMENT PLEADER R4 DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR R3 SRI.K.P.DANDAPANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 3/04/2007, THE COURT ON 10/4/2007 DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE NOTIFICATION OF KPS DATED 29.7.97 EXT.P2-TRUE COPY OF AMENDMENT OF SPECIAL RULES IN GO DATED 30.4.90 EXT.P3-TRUE COPY OF THE AMENDMENT IN GO DATED 20.1.82 EXT.P4-TRUE COPY OF GO DATED 11.5.1988 EXT.P5 SERIES- TRUE COPIES OF THE PETITIONERS' WIDWAN DIPLOMA CERTIFICATE OF MADRAS GOVERNMENT,. EXT.P6-TRUE COPY OF CERTIFICATE ISSUED BY THE AUDITION BOARD OF ALL INDIA RADIO DATED 26.9.89 TO THE FIRST PETITIONERS EXT.P6(A)-TRUE TRUE COPY OF CERTIFICATE DATED 26.6.97 ISSUED TO 2ND PETITIONERS EXT.P7-TRUE COPY OF ORDER DATED 18.11.2000 OF THE SECRETARY, COMMISSIONER OF GOVT. EXAMINATIONS. EXT.P8-TRUE COPY OF SELECT LIST PUBLISHED IN THE GAZETTE DATED 11.6.01 EXT.P9-TRUE COPY OF THE LETTER DATED 22.11.2003 EXT.P10-TRUE COPY OF REPLY GIVEN TO R2 ON 13.12.2004 BY THE 2ND PETITOINER EXT.P10(A)- TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO R2 DATED 10.12.2004 EXT.P11-TRUE COPY OF SENIORITY LIST OF VIOLIN DEPARTMENT OF MUSIC COLLEGES ISSUED BY R2 EXT.P12-TRUE COPY OF LETTER OF R2 EXT.P13-TRUE COPY OF GO DATED 1.4.2006 EXT.P14-TRUE COPY OF PROTEST DATED 15.5.2006 FILED BY THE PETITIONERS EXT.P15-TRUE COPY OF THE GO DATED 25.11.1998 EXT.P16-TRUE COPY OF GO DATED 18.4.2002 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).NO.9767 of 2005-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2007 JUDGMENT The Substantial issue raised in the writ petition is also the same that is covered in O.P.Nos.6273/1998 and 20334/1998 which are disposed of along with this by a separate judgment. The petitioners herein are also the same petitioners in O.P. No.20334/1998. Even though various reliefs have been sought, learned Senior Counsel submitted that relief No.2 sought for in the writ petition alone is surviving, which may be granted. The petitioners, as per the said relief, seek for issuance of a writ of mandamus or any other direction or order commanding the second respondent to include the names of petitioners in the field of choice of Assistant Professors in Violin, according to their seniority and merit. 2. It is evident from the facts that the second petitioner has been included as per Ext.P8 by the Departmental Promotion Committee in the select list for promotion to the post of Asst. Professor. As against the first petitioner, some disciplinary action was pending and a crime was registered against him at the relevant time. It is stated that it is because of that, he was not considered by the Departmental Promotion Committee. It is submitted wpc 9767/2005 -2- that in those proceedings, first petitioner has been cleared and he may be allowed to file a representation showing his claim before the Departmental Promotion Committee. 3. The question raised in this writ petition is also whether the petitioners are entitled for promotion based on the qualification of Vidwan issued by the Madras Government which according to them, was considered as equivalent qualification of Ganapraveena going by the relevant special rules. Since I have already directed the respondents to take a decision in the matter in the judgment in O.P.Nos6273/1998 and 20334/1998, the claim of the petitioners for promotion will depend upon the outcome of the decision to be taken by the Government pursuant to the directions issued in that case. If the petitioners file any representation within a period of one month from today, that also will be considered by the competent authority based on the decision that may be taken pursuant to the directions issued in the judgment in O.P. No.6273/1998 and 20334/1998. With the above direction, the writ petition is disposed of. I have not expressed anything on the merits of the matter. (T.R. Ramachandran Nair, Judge.) wpc 9767/2005 -3- kav/