IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 22363 of 2008(K) -------------------------- PETITIONER(S): --------------- SMINESH.C.N, LECTURER, DEPARTMENT OF COMPUTER SCIENCE & ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, THRISSUR. BY ADVS. MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE MR.M.C.GOPI RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, PADMA VILASAM ROAD, EAST FORT, THIRUVANANTHAPURAM. 3. VINOD CHANDRA.S.S, SANTHI BHAVAN, BATTARA, KALLARA.P.O, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER T.B. HOOD FOR R1 & R2 ADVS. MR.KRB.KAIMAL, SENIOR ADVOCATE FOR R3 MR.B.UNNIKRISHNA KAIMAL FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2009, ALONG WITH WPC NO.35729 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22363 of 2008(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO. EA4/23793/04 DATED 24.12.2004 ISSUED BY THE GOVERNMENT. EXT.P2 - TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO. EA 4/6907/05 DATED 13.05.2005 ISSUED BY THE GOVERNMENT TO THE 3RD RESPONDENT. EXT.P3 - TRUE PHOTOCOPY OF THE NOTIFICATION NO. 23433/G1/2007/H. EDN.(1) HIGHER EDUCATION (G) DATED 15.4.2008 ISSUED BY THE 1ST RESPONDENT. EXT.P4 - TRUE PHOTOCOPY OF THE DEGREE CERTIFICATE OF THE PETITIONER FOR B.TECH IN COMPUTER ENGINEERING. EXT.P5 - TRUE COPY OF THE MASTER'S DEGREE CERTIFICATE IN SOFTWARE ENGINEERING OBTAINED BY THE PETITIONER. EXT.P6 - TRUE COPY OF THE EXPERIENCE CERTIFICATE OBTAINED BY THE PETITIONER. EXT.P7 - TRUE COPY OF THE RANK LIST PUBLISHED BY THE RESPONDENT. EXT.P8 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOINER BEFORE THE 1ST RESPONDENT ON 9.7.2008. RESPONDENTS'EXHIBITS: EXT.R3(a) - TRUE COPY OF THE GOVERNMENT ORDER G.O(P) NO. 6/2003/ H.EDN. DATED 24.1.2003. EXT.R3(b) - TRUE COPY OF THE ORDER NO. 12/E/2000/SCTE DATED 20.9.2001 OF THE PRINCIPAL OF SREE CHITIRATHIRUNAL COLLEGE OF ENGINEERING, TRIVANDRUM. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) Nos.22363 & 35729 of 2008 ................................................. Dated this the 30th day of July, 2009 J U D G M E N T Petitioner in W.P(C) No. 22363 of 2008 seeks a direction to include his name in Ext.P7 select list of candidates, in the post of Assistant Professor in Computer Science and Engineering in Government Engineering College, in the place of 3rd respondent. In W.P(C) No. 35729 of 2008, the petitioners seek a direction to implement Ext.P11 rank list and to grant provisional promotions based on seniority. It is admitted before me that the rank list referred to in the two writ petitions have been subsequently cancelled by the Government. The counsel for the petitioners in W.P(C) No. 35729 of 2008 admits that the petitioners have been subsequently granted provisional promotions based on seniority. That being so, these writ petitions have become infructuous and accordingly they are closed without prejudice to their contentions to be raised in future, if found necessary. S. SIRI JAGAN, JUDGE rhs