IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 19878 of 2009(D) -------------------------- PETITIONER: --------------- DR.N.VIJAYAKUMAR, ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCES DEVELOPMENT (DEPARTMENT OF EDUCATION) NEW DELHI. 4. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REPRESENTED BY ITS DIRECTOR (T), AICTE, NEW DELHI. 5. MRINALINI.C.P., PROFESSOR, DEPARTMENT OF ELECTRONIC & COMMUNICATION ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, SREEKRISHNAPURAM, PALAKKAD.- 678 621. WP(C).No. 19878 of 2009 -2- 6. RAJAN.K.V, PROFESSOR, DEPARTMENT OF ELECTRONIC & COMMUNICATION ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, IDUKKY - 685 532. BY SR. GOVT. PLEADER SMT. T.B REMANI - R1 ASG SRI. T.P. M IBRAHIM KHAN R3 & R4 ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R5 &6 SMT.N.SANTHA FOR R5 & 6 SRI.S.A.ANAND FOR R5 & 6 SRI.PETER JOSE CHRISTO FOR R5 & 6 SRI.RAMESH. C.R. FOR R5 & 6 SRI.MILLU DANDAPANI SC FOR AICTE FOR ADDL.R4 SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R3 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19878 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ORDER DATED 27.10.2000 ISSUED BY THE 1ST RESPONDENT EXT.P2: TRUE COPY OF THE LETTER DATED 28.2.1989 FORWARDED FROM THE 3RD RESPONDENT TO THE STATE GOVERNMENT EXT.P3: TRUE COPY OF G.O (P) NO.81/90/H.Edn. DATED 27.3.1990 ISSUED BY THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE G.O (P) NO.303/90/H.Edn. DATED 3.12.1990 EXT.P5: TRUE COPY OF THE G.O (P) 68/2000/H.Edn. DATED 18.5.2000 ISSUED BY THE 1ST RESPONDENT EXT.P6: TRUE COPY OF THE G.O (P) NO.6/2003/H.Edn DATED 24.1.2003 EXT.P7: TRUE COPY OF THE GOVERNMENT ORDER G.O (P) NO.122/2004/H.Edn. DATED 18.9.2004 EXT.P8: TRUE COPY OF THE RANK LIST DATED 27.5.2008 ISSUED BY THE COMMITTEE. EXT.P9: TRUE COPY OF THE G.O (MS) NO.26/09/H.Edn. DATED 9.2.2009 EXT.P10: TRUE COPY OF THE G.O (RT) NO.755/09/H.EDN DATED 4.6.09 ISSUED BY THE 1ST RESPONDENT EXT.P11: TRUE COPY OF THE LETTER DATED 29.9.2007 FROM THE DIRECTORATE OF TECHNICAL EDUCATION EXT.P12: TRUE COPY OF THE LETTER DATED 4.6.2008 FROM THE DIRECTORATE OF TECHNICAL EDUCATION EXT.P13: TRUE COPY OF THE G.O (RT) NO.842/09/H. Edn DATED 19.6.2009 /TRUE COPY/ P.A TO JUDGE T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 19878 of 2009 -------------------------- Dated this the 12th November,2009 J U D G M E N T The petitioner herein is working as Assistant Professor in the Department of Electronics and Communication Engineering in the Government Engineering College, Trivandrum. The main prayer in the writ petition is to declare that Rule 6A (2) of Special Rules for the Kerala Technical Education Service as amended by Ext.P7 is unconstitutional, illegal and arbitrary and against AICTE scheme and quash the same . Petitioner sought for other prayers also. 2. It is brought to my notice that by a common judgment in WP(C) No.31886 of 2008 and connected cases this Court was declared that the said provision as unconstitutional. Paragraph 24 of the said judgment is extracted below: "24. In view of my above findings, all the writ petitions except W.P (C) No.31502/2007 are allowed on the following terms: (a) Rule 6A of the Special Rules for the Kerala Technical Education Service (Amendment) 2004 is declared as without legislative W.P ( C) No. 19878 of 2009 2 competence and unconstitutional; (b) All appointments to the posts of Professor and Assistant Professor in the Engineering Colleges of the Kerala Technical Education Service shall be made strictly in accordance with the qualifications prescribed by the AICTE without taking into account the relaxation provided in Rule 6A of the Special Rules for the Kerala Technical Education Service (Amendment) 2004. (c) The respondents 1 to 3 shall cause to prepare a fresh select list of candidates eligible for promotion as Professor in accordance with the qualifications prescribed by the AICTE, pursuant to Ext.P4 notification from among those who applied for the post in response to the notification, and make appointments therefrom to the vacancies available, within two months from the date of receipt of a copy of this judgment." In the light of the above, the petitioner is entitled to succeed in the writ petition. Writ petition is allowed. The directions issued in the above common judgment will govern this matter also. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No. 19878 of 2009 3 W.P ( C) No. 19878 of 2009 4 W.P ( C) No. 19878 of 2009 5