IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 19644 of 2010(E) -------------------------- PETITIONER(S): --------------- THE SECRETARY, MAR ATHANASIUS COLLEGE ASSOCIATION, KOTHAMANGALAM. BY ADV. SRI.GEORGE JACOB (JOSE) RESPONDENT(S): --------------- 1. STATE OF KRALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION (D) DEPARTMENT, SECRETARIAT, THIRUVANANATHAPURAM. 2. THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS,KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. ADV.SRI.T.A.SHAJI, SC, M.G.UTY.-R2 GOVERNMENT PLEADER SRI.DILIP MOHAN-R1,R3 & R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.19644 OF 2010 -------------------------------------------- Dated this the 22nd day of July, 2010 JUDGMENT The petitioner is the Manager of Mar Athanasius College, Kothamanagalam. It is the delay on the part of the first respondent in honouring the request of the petitioner for deputing a nominee to constitute a Selection Committee for appointment to various posts of Lecturers available in various departments in the said college in accordance with the workload and staff pattern sanctioned by the University that constrained the petitioner to file this Writ Petition. The contention of the petitioner is that going by the provisions under Clause 3 of Statute 3 in Chapter 45 of the Mahatma Gandhi University Statutes, 1997, the first respondent is bound to depute a nominee for the purpose of constituting a Selection Committee for the aforesaid purpose. This position is not disputed by the respondents. Since it is a statutory provision, it is the legal obligation on the part of the first respondent to depute a nominee as requested by the petitioner. In view of the aforesaid position, I am inclined to allow this Writ Petition. Accordingly, there will be a direction to the first respondent W.P.(C) NO.19644/2010 2 to depute a nominee to enable the petitioner to constitute a Selection Committee to conduct selection to effect appointments of 5 lecturers in the department of English, 3 lecturers in the department of Physics, two lectuers in the department of Commerce and one each in the departments of Malayalam and Sociology. Such a government nominee shall be deputed for effecting selection to the aforesaid posts expeditiously, at any rate, within a period of four weeks from the date of receipt of a copy of this judgment. Accordingly, this Writ Petition is allowed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.19644/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.19644/2010 4