IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 405 of 2009(W) PETITIONER : DR.N.K. PADMA, ASSISTANT PROFESSOR IN VEENA, RLV COLLEGE, TRIPUNITHURA, RESIDING AT “VAISHNAVI”, PALACE NO. 41-B, P.O. TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.P.VIJAYAKUMAR SRI.C.R.REGHUNATHAN RESPONDENTS : 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT (HIGHER EDUCATION) & CONVENER, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), TRIVANDRUM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 405 OF 2009 W ------------------------------------------------------ Dated this the 14th January, 2009 JUDGMENT The petitioner is working as Assistant Professor in Veena at R.L.V.College, Tripunithura. She has filed this Writ Petition for the issue of a writ of mandamus commanding the first respondent to consider her claim for promotion to the post of Professor in Veena in accordance with law and as per the qualifications prescribed under Ext.P2 Rules regulating promotion and recruitment to the post of teachers under the music colleges. It is stated in the Writ Petition that Smt.R.Kamakshi, Senior Professor in Veena at Sree Swathi Thirunal College of Music, Thiruvananthapuram, is proposed to be promoted as Principal. Consequently, a vacancy in the post of Professor would arise. The case of the petitioner is that she is the only eligible candidate qualified to be promoted to that post. She expected that she would be considered for promotion to that post. It is alleged that coming to know that the petitioner was not being considered for promotion as Professor in Veena, she submitted Ext.P3 representation dated 10.12.2008 to the first respondent. It is stated that the Writ Petition is instituted since Ext.P4 was issued when the Departmental Promotion Committee decided to include the persons mentioned in Ext.P4 in the select list for promotion to the post of W.P.(C) NO.405 OF 2009 :: 2 :: Principal and Professor in other categories other than Veena. It is stated that on promotion of Smt.R.Kamakshi, the petitioner would become the senior most teacher in the Department of Veena. The petitioner states that she has the required qualification for promotion as Professor. It is also stated that the petitioner is reliably given to understand that the respondents propose to offer promotion to an ineligible person as Professor in Veena, on political consideration. 2. Learned Government Pleader, on instructions, submitted that the allegations made by the petitioner are not correct. He also submitted that the Writ Petition is premature. The stage for considering the petitioner for promotion has not arisen. The vacancy would occur only on the promotion of Smt.R.Kamakshi. Learned Government Pleader has also submitted that any promotion would be made only after the Departmental Promotion Committee convenes a meeting. At that time, all the relevant facts would be considered. 3. The submissions made by the learned Government Pleader are recorded. The grievance of the petitioner would be redressed by adopting this course. It is submitted by the learned counsel appearing for the petitioner that a direction may be issued to ensure that the Departmental Promotion Committee would consider Ext.P3 representation as well W.P.(C) NO.405 OF 2009 :: 3 :: before taking a final decision. Learned Government Pleader submitted that Ext.P3 would be placed before the Departmental Promotion Committee. This submission is also recorded. In the facts and circumstances, no further orders are required in the Writ Petition. The Writ Petition is accordingly closed leaving open all the contentions of the parties and reserving the right of the petitioner to approach the Court as and when occasion arises. (K.T.SANKARAN) Judge ahz/