IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 DBP.No. 56 of 2009() -------------------- (IN THE MATTER OF TRAVANCORE & COCHIN DEVASWOM BOARDS - APPOINTMENT OF LECTURER IN THE COLLEGES UNDER THE BOARDS - T.D.B. REPORT NO.145/2009 SUBMITTED BY THE OMBUDSMAN - SUO-MOTU PROCEEDINGS INITIATED) PARTIES:- ------------- 1. The Secretary, Travancore Devaswom Board, Thiruvananthapuram. By ADV.MR.K.N.VENUGOPALA PANICKER - SC FOR TDB. 2. The Secretary, Cochin Devaswom Board, Thrissur. By ADV.SRI.K.GOPALAKRISHNA KURUP. By ADV. SRI.C.E.UNNIKRISHNAN,SC,COCHIN DEV.BOAR 3. The Deputy Director, Local Fund Audit, Travancore Devaswom Board, Audit, Thiruvananthapuram. 4. The Deputy Director, Local Fund Audit, Cochi Devaswom Board Audit, Thrissur. By GOVERNMENT PLEADER By MR.KRISHNA KUMAR MANGOT - AMICUS CURIAE FOR OMBUDSMAN. THE D.B.P.56/2009 HAVING COME UP FOR ORDERS ON 17.03.2010, THE COURT PASSED THE FOLLOWING: Kvs/- THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = DBP.No.56 of 2009. = = = = = = = = = = = Dated this the 17th day of March, 2010. O R D E R Gopinathan, J. Cochin Devaswom Board as well as Travancore Devaswom Board is running various educational institutions. The Ombusman for the Cochin and Travancore Devaswom Boards has reported that various teaching and non-teaching posts are lying vacant in those institutions and urged the necessity to fill up those vacancies for the better running of those institutions. 2. This Court by order dated 19.11.2009 directed both Devaswom Boards to fill up those vacancies. By order dated 17.12.2009, this Court directed to file a statement regarding the steps taken in pursuance to the earlier order. On 11.2.2010, it was reported that steps are ahead to fill up the vacancies. This Court directed that the Devaswom DBP.No.56 of 2009. -: 2 :- Boards shall file reports about the selection made, candidates screened and those selected with copies of their mark list for the qualifying examination. 3. The Secretary, Cochin Devaswom Board in her affidavit dated 20.1.2010 affirmed the number of vacancies in two colleges run by it mentioned therein and stated that interviews were conducted to fill up the post of Lecturers in Mathematics, Physical Education, Commerce and Sanskrit and a rank list was prepared. It is further affirmed that the interviews in respect of other subjects could not be conducted because of the inconvenience reported by the District Collector, Palakkad, who was a Government nominee. It was also reported that in Politics and Philosophy, posts were filled up by reappointment. 4. Yet another affidavit dated 1.3.2010 was also filed by the Secretary, Cochin Devaswom Board. Later, along with a statement filed on 10.3.2010, copies of the notifications in Mathrubhumi, Desabhimani and The Hindu DBP.No.56 of 2009. -: 3 :- dailies were produced. Yet another affidavit was filed on 12.3.2010 stating the number of applications received, notifications regarding the interview and other details. The Secretary had affirmed about the interviews conducted and the rank list prepared with marks awarded to each candidates attended the interview. Prima facie, it appears that the procedure was transparent. We find no reason to interfere with. 5. Cochin Devaswom Board is permitted to proceed with the appointment. But it shall state as to how the reappointment in Politics and Philosophy was made and the reasons thereof. It may also be stated as to why steps were not taken to fill up the vacancy in other subjects and as to when those vacancies can be filled up and what are the steps taken. 6. Though the Secretary, Travancore Devaswom Board had filed a statement that there are some vacancies in some colleges and there are some excess staff in some DBP.No.56 of 2009. -: 4 :- colleges owing to the de-linking of the Pre-Degree Course, it is not at all specified as to what is the actual number of vacancies and what all steps were taken for redeployment of excess hands. 7. The Secretary, Travancore Devaswom Board shall file a proper statement regarding the actual number of vacancies, the steps taken therein to fill up the vacancies and also the steps taken for redeployment. If no steps are taken, urgent steps shall be taken so as to fill up the vacancies before the reopening of the educational institutions after mid summer recess. Post on 25.3.2010. THOTTATHIL B.RADHAKRISHNAN (JUDGE) P.S.GOPINATHAN (JUDGE) Kvs/-